Implementing Rules and Regulations of the Philippine Fisheries Code of 1998 (Administrative Order No. 3 of 1998 of the Department of Agriculture)

Republic of the Philippines DEPARTMENT OF AGRICULTURE Office of the Secretary Elliptical Road, Difirnan, Quezon City May 8,1998 DEPARTMENT OF AGHICULTUHE ADMINISTUATIVE ) OR I)ERNo. -----"=3'--- Series of 1998 .•. ) IMPLEMENTING RULES AND REGULATIONS Pursuant to Republic Act No. 8550: " AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT ANI> CONSI~RVATION OF TilE FISHERIES ANI> AQUATIC RESOURCES, INTI~GRATINGALL LA \VS PF.RTINF.NT THERETO, AND FOR OTIII~R PlJRPOSES" Sec. 1. Title> This Act shall be known as .. The Philippine Fisheries Code of1998. " Rule 1.1 Rule 1.2 Tirle. - These Rules shall be known and cited as the Implementing Rules and Regulations (IRR) of the Philippine Fishertes Codc of 1998; Purpose.« These Rules are promulgated to prescrlbe the procedures and guidelines for the implcmcnfation of thc Philippinc Fisherics Code of 1998 to facilitate compliance therewith and achieve the objectives thereof, CHAPTER I DECLARATION OF 1'(H-ICr AND DEFINITIONS Sec. 2. Declaration (!!Policy. - It is hereby declared the polk)' ofthe State: a. to achieve food security as the overriding consideration in the utilization, management, development, conservation and protection offishery resources in order to provide the food need.. (?! the population. A flexible policy towards the attainment offood security shall be adopted in response to changes in demographic trends for fish, emerging trend... in the trade (!!fish and other aquatic products in domestic and international markets, and the law (!! supply and demand; b. to limit access 10 the fishery cuul aquatic resources of the Philippines for the exclusive lise and enjoyment (!! Filipino citizens; c. to ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources ill Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of maintaining a sound ecological balance, IJr'f{eeling and enhancing the quality of the environment; d. to protect the rights offisherfiJlk, specially of the local communities with priority to municipal fisherfolk, in the preferential lise of the municipal waters. Such preferential use, shall be based Oil, but not limited to, Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC) Oil the basis ofresources and ecological conditions, and shall be consistent with our commitments under international treaties and agreements; e. to provide support to the fishery sector, primarily to the municipal flsherfolk, including women and youth sectors, through appropriate technology and research, adequate financial, production, construction of post-harvest facilities, marketing assistance. and other services. The protectionofmuntcipalfisherfolk against foreign intrusion shall extend to offshore fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of marine andfishery resources; f. to manage fishery and aquatic resources, in a manner consistent with the concept of an integrated coastal area management in specific natural fishery management areas, appropriately supported by research, technical services and guidance provided by the State, and g. togrant the private sector the privilege to utilize fishery resources under the basic concept that the grantee, licensee or permittee thereofshall not only be a privileged beneficiary of the State but'also an active participant ami partner of the government in the sustainable development, management, conservation and protection (if the fishery and aquatic resources of the country. The State shall ensure the attainment ofthe following objectives ofthe fishery sector: 1. Conservation, protection and sustained management of the country's fishery and aquatic resources; 2. Poverty alleviation and the provision (if supplementary livelihood among municipalfisherfolk; 3. Improvement ofproductivity ofaquaculture within ecological limits; 4. Optimal utilization ofoffshore and deep-sea resources; and 5. Upgrading ofpost-harvest technology. Sec. 3. Application of its Provisions. - The provisions ofthis Code shall be enforced ill: a. all Philippine waters including other waters over which the Philippines has sovereignty and jurlsdictton, and the country's 200 nautical mile Exclusive Economic Zone (EEZ) and continental shelf; b. all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fish pens/cages; and c. all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands. 2 Rule 3.1 Rule 3.2. Sec. ./. Jurisdiction. -The Department, through the Bureau of Fisheries and Aquatic Resources (BFAR), in cooperation with concerned national agencies, shall have the responsibility and jurtsdiction in the management, conservation, development, protection, utilization, and disposition of all fisheries and aquatic resources of the country, except municipal waters. However, in municipal waters the DA-BFAR may coordinate with and assist the LGUs, FARMCs, and other government agencies concerned in the development, conservation, protection, utilization and management of fisheries and aquatic resources. The Department and the Department of Environment and Natural Resources (DENR) shall, within one (I) year from the effectivity of this IRR, issue a Joint Memorandum Order to clarify their respective jurisdiction and authority on the management of fisheries resources. Definition of Terms. - As used in this Code, the following terms and phrases shall mean as follows: .. 1. Ancillary Industries - firms or companies related to the supply, construction and maintenance (if fishing vessel.., gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage, and refrigeration, processing plants and other pre-harvest and post harvest facilities. 2. Appropriate Fishing Technology - adaptable technology, both in fishing and ancillary industries, that is ecologically SOIl1IlI, l(}calz~' source-based and lahor intensive. 3. Aquaculture - fishery operations i11l'o/l'illg all forms of raising and culturingfish and otherfishery species infresh, brackish and marine areas. ./. Aquatic Pollution the introduction hy human or machine, directly or indirectly, (if substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal (if waste and other marine litters, discharge of petroleum or residual products ofpetroleum or carbonaceous materials/substances and other radioactive, noxious or harmful liquid, gaseous or solid substances, from any 'water, land or air transport or other human-made structure. Deforestation, unsound agricultural practices such as the use (if banned chemicals and excessive lise of chemicals, intensive use (?( artificialfish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution. J 5. Aquatic resources - includes fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including but not limited to salt and corals. 6. Artificial Reefs - any structure ofnatural or man-made materials placed on a body (if water to serve as shelter and habitat, source of food, breeding areasforfishery species and shoreline protection. 7. Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or harvestedfront any fishing area in consideration of the need to prevent ovetfishing and harmful depletion of breeding stocks of aquatic organisms. 8. Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters. 9. Coastal Area/Zone - is a band (?f dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses. and vice versa; its geographic extent may include areas within a lam/mark limit (~fone (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa SH'G111pS, estuarine rivers, sandy beaches and other areas within a seaward limit (?f 200 meters isobath /0 include coral reefs, algctl flats, scagrass beds and other soft bottom areas. JO. Commercial Fishing - the taking offishery species by passive or active gear for trade, business or profit beyond subsistence or sportsfishing, to be further classified as: I. Small scale commercial fishing - fishing with passive or- active gear utilizing fishing vessels (!{ 3. J gross tons (G'l') up to twenty (20) G'l'; 2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20. J GT lip to one hundred fifty (l50) (11:' and 3. Large scale commercial fishing - fishing utilizing active gears and vessels ofmore than one hundredfifty (150) G'I. 11. Commercial scale - a scheme (if producing a minimum harvest per hectare per year (?f milkfish or other species including those raised in pens, cages, and tanks 10 be determined hy the Department in consultation with the concerned sectors. 4 12. Coral - the hard calcareous substance made up of the skeleton of marine coelenterate polyps which includes reefs, shelves ami atolls or any of the marine coelenterate animals living ill colonies where their skeletons form a stony mass. 77Iey include: (a) skeletons of anthozoan coelenterates characterized as having a rigid axis of compact calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink, and white corals which are considered precious corals; (b) skeletons (?( anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians represented by the black corals which are considered semi-precious corals; ami (c) ordinary corals which are any kind ofcorals that are not precious nor semi-precious. 13. Coral Reef - a natural aggregation (if coral skeleton, with or without living coral polyps, occurring in intertidal and subtidal marine waters. 14. Demarcated areas - boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as: a. Aquaculture, sea ranching and sea farming; b. Fish aggregating devices; c. Fixed and passive fishing gears; and d. Fry andfingerling gathering. 15. Department - shall mean the Department ofAgriculture. 16. Electrofishing - the use of electricity generated by batteries, electric generators and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered 17. Endangered, Rare and/or Threatened Species - aquatic plants, animals including some varieties (if corals lind sea shells in danger (if extinction as providedfor in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau (if the Department (if Environment and Natural Resources (DENR) and in the Convention of the International Trade (?( Endangered Species ofFlora and Fauna (CI77;:S). 18. Exclusive Economic Zone (FEZ) - an area beyond and adjacent to the territorial sea which shall not extend beyond 20() nautical miles from the baselines as defined under existing laws, 19. Councils, FARNIC's - the Fisheries and Aquatic Resources Management 5 20. Farm-to-Market Roads - shall include roads linking the fisheries production sites, coastal landing points and other post-harvest facilities to major market and arterial roads and highways. 21. Fine Mesh Nets net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency. 22. Fish and Fishery/Aquatic Products - include not only finfish but also mollusk, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora andfauna and all other products of aquatic living resources in anyform. 23. Fish cage - refers to an enclosure which is either stationary or floating made lip ofnets or screens se wn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden/bamboo posts or various types ofanchors andfloats. 24. Fish Coral or "Baklad" - a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with el1.\Y entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, pllrse or bags, 25. Fish Fingerlings - a stage in the I!(e cycle (!( the fish measuring to about 6-13 em. depending on the species. 26. Fish Fry - a stage at which a fish has just been hatched usually with sizes from J-2.5 em. 27. Fish pen - an artificial enclosure constructed within a body of water for culturing fish (1I1d fishery/aquatic resources made up (~(poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape (?(fish. 28. Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processingfishery and/or aquatic resources. 29. Fisherfolk Cooperative a duly registered association of fisherfolk with a common bond ofinterest, who have voluntarilyjoined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and aCL'L'IJlin~a fail' share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles. 6 30. Fisherfolk Organizations an organized group, association, federation, alliance or an institution offishelfiJlk which has at least fifteen (15) members, a set ofofficers, a constitution and by-laws, an organizational structure and a program ofaction. 3/. Fisheries - refers to all activities relating to the act or business offishing, culturing, preserving. processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. 32. Fish Pond - a lund-based facility enclosed with earthen or stone material to impound water for growingfish. 33. Fishing Boat/Gear License - a permit to operate specific types of fishing boat/gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery resources. 3-/. Fishery Management Areas a bay, gulf. lake or any other fishery area which may be delineatedforfishery resource management purposes. 35. Fishery Operator one who owns and provides the means including land, labor, capital, fishing gears, and "esseIs, but does not personally, engage infishery. 36. Fishery Refuge and Sanctuaries a designated area where fishing or otherforms ofactivities which may damage the ecosystem ofthe area is prohibited and human access m(~J/ be restricted. 37. Fishery Reserve a designated area where activities are regulated and set aside for educational and research purposes. 38. Fishery species- aquatic flora andfauna including, but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans. out the use offishing vessels. 39. Fishing- the taking offishery speciesfront their wild state or habitat, with or without the use offishing vessels. /0. Fishing gear - any instrument or device and its accessories utilized in takingfish and other fishery species. 7 a) Active fishing gear - is a fishing device characterized by gear movement. and/or the pursuit of the target species by towing. lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments; such as, but 110t limited to, trawl, purse seines, Danish seines. bag nets, paaling. drift gill net and lima longline. b) Passive fishing gear - is characterized by the absence (if gear movements and/or the pursuit of the target species; such as, but not limited to hook and line, fishpots, traps and gil/nets across the path of the fish. 41. Fishing vessel - m~F boat, ship or other watercraft equipped to be used for taking offishery species or aiding or assisting one (1) or more vessels in the performance (if any activity relating 10 fishing, including, but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing. 42. Fishing with Explosives - the use of the dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which UpOll ignition by friction, concussion, percussion or detonation (if all or parts (if the compound, will kill. stupefy, disable or render unconscious any fishery species. it also refers to the use (?f any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable (if damaging and altering the natural habitat. 43. Fishing with Noxious or Poisonous Substances - the use (!f any substance, plant extracts or juice thereof, .ssodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable ofdamaging and altering the natural habitat. .f.f. Fishworker - a person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit sharing or stratified sharing basis, including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants. Excludedfrom this category are administrators, security guards and overseers. 45. Food Security - refers to any plan, policy or strategy aimed at ensuring adequate supplies (!f appropriate food at affordable prices. Food security may be achieved through self-sufficiency (i.e. ensuring adequate food supplies from domestic production), through self-reliance (i.e. ensuring adequate food supplies through a combincuiun ofdomestic production and importation), or through pure importation. 8 /6. Foreshore Land - a string of land margining a body of water, the part ofa seashore between the low-water line usually at the seaward margin ofa low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm. /7. Fully-developed Fishpond Area - a clean leveled area enclosed hy dikes, at least one foot higher than the highest floodwater level in the locality and strong enough to resist pressure at the highestflood tide; consists of at least a nursery pond, a transition PO/Ill, a rearing pond or a combination ofany or all said classes ofponds, lind a functional water control system and producing in a commercial scale. /8. Gross Tonnage - includes the underdeck tonnage, permanently enclosed spaces above the tonnage deck, except for certain exemptions. In broad terms, all the vessel's 'closed-in' .\fJaces expressed in volume terms on the bases (if one hundred cubicfeet (that equals one gross ton). /9. Inland Fishery - thefreshwaterfishery and brackishwaterfishponds. 50. Lake - an inland body of water, an expanded part (if a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water. 51. Limited Access - a fishery policy by which a system (if equitable resource use and allocation is established by law through fishery rights granting and licensing procedure as provided hy this Code. 52J'vtangroves - a community (if intertidal plants including all species (if trees, shrubs, vines and herbs found on coasts, swamps, or border of'swamps. 53. Maximum Sustainable Yield (A45;Y) - is the largest average quantity (if fish that can he harvested.from afish stocks/resource within a period of time (e.g. one year) on a sustainable basis tinder existing environmental conditions. 5-/. Migratory species - refers to anyfishery species which in the course of their life could travel from freshwater; to marine water or vice versa, or any marine species which travel over great distances in waters (if the ocean as part of their behavioral adaptation for survival and speciation: (a) Anadromous species - marine fishes which migrate to freshwater areas 10 spawn; (h)Catadro!nous species - freshwater fishes which migrate to marine areas to spawn 9 55. Monitoring, control and surveillance a) Monitoring - the requirement of continuously observing: (1) fishing effort which can be expressed by the number ofdays or hours offishing, number offishing gears and number offishelji.J!k; (2) characteristics (if'fishery resources; and (3) resource yield') (catch); b) Control - the regulatory conditions (legal frame work) under which the exploitation, utilization and disposition (!f the resources may be conducted; and c). Surveillance - the degree and types (if observations required to maintain compliance with regulations. 56. Municipal fisherfolk - persons who are directly or indirectly engaged in municipalfishing and other relatedfishing activities. 57. Municipal fishing - refers to fishing within municipal waters using fishing vessels (if three (3) gross tons or less, or fishing not requiring the use of fishing vessels. 58. Municipal waters - include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NJPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines (!f the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers (if marine waters between them, the third line shall be equally distant from opposite shore (if the respective municipalities. 59. Non-governmental organization (NCO) - an agency, institution, a foundation or a group (if persons whose purpose is to assist peoples organizations/associations in various W(~Vs including, but not limited to, organizing, education, training, research and/or resource accessing. 60. Payao - a fish aggregating device consisting (~fa floating raft anchored by a weighted line with suspended materials such as palm fronds to attract pelagic and schooling species common in deep waters. 61.Pearl Farm I,e{~ - public waters leased/or the pWjJose (if producing cultured pearls. 10 62. People's Organization - 1I bona fide association of citizens with demonstrated capacity to promote the public interest and with identlfiable leadership. membership and .\"II"II£:t"I'(,. Its members belong to a sector/... voluntarily band themselves together to work for and by themselves for their own ,,!'I!limellt. d("'elo!,mellt am] ~""al('I'goot!. 63. Person - natural or juridical entities such as individuals, associations. partnership. cooperatives or corporations. 64, Philippine waters - include al! bodies of water within the Philippine territory such as lakes, rivers, streams, creeks, brooks. ponds..'iwamps, lagoons. gu!I... bays and seas and other bodies (!f water noll' existing or which may hereafter exist in the provinces, cities, municipalities, and barallgays and the waters around. between and connecting the island... of the archipelago regardless 0/ their breadth and dimensions. the territorial sea, the sea beds, the insular shelves, and all other waters OI'er which the Philippines has sovereignty and jurisdiction including the 2U()-lIautical miles Exclusive Economic Zone and the continental shelf. 65. Post-harvest facilities - these facilities include, but are not limited to, flshport, fishlanding, ice plants and cold storages, fish processing plants. 66. Purse Seine - a form (if encircling net having a line at the bottom passing through rings attached to the net, which can he drawn or pursed. In general, the lief is set from 1I boat orpair ofboats around the school offish. The bottom ofthe net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt orfish bag. 67. Resource Rent - the d~(ft'n'nce between the value of the products producedfront harvesting a publicly o II'ned resource Ies... the cost (!!producing it, where cost includes the normal return to capital ami normal return to labor. 68. Sea/arming - the stocking (!(natural or hatchery-produced marine plants or animals. under controlled conditions, for purposes (?( rearing and harvesting, but not limited to connnercially-important fishes, mollusks (such as pearl and giant clam culture), including seaweeds lind .seagrass. 6Y .•",·ea ranching - the release (!f the .l'OII11~ of'fishery species reared in hatcheries atu] nurseries into natural bodies (!f water .fiJlo subsequent harvest at maturity or the manipulation (if fishery habitat, to encourage the growth of the wild stocks. 70. Secretary - the Secretary (!f the Department ofAgricnlture. II Rule 4.1 7 l. Supertight - also called magic light, is a type of light using halogen or metal halide 1>IIIb which may be located above the sea sill/ace or submerged in the water, It consists of a ballast, regulator, electric cable and socket, 77Je source (!{ energy comes from a generator, battery or dynamo coupled with the main engine. 72, Total A110wable Catch (l/lC) - the maximum harvest allowed to he taken during a given period (!{ time from any fishery area. or from any fishery species or group offishery species. or (1 combination of area and species and normally would not exceed the MSY, 73. Trawl - an active fishing gear consisting of a bag shaped net with or without otter board... to open its opening which is dragged or towed along the bottom or through the water column to lake fishery species by straining them from the water, including all variations and modifications of trawls (bottom, mid water, and baby trawls) and tOll'nets. Additional Terms.- Additional terms and their definitions as used in this IRR but not included in Section 4 of RA No. 8550 are as follows: a. Coastline - refers to the outline of the mainland shore touching the sea at mean lower low tide. b. Director - refers to the Director of UFAR c. Endangered species - refers to species and sub-species of aquatic orgnnisms whose population is in danger of extinction and whose survival is unlikely if the causal factor is not reversed. d. Fishing industry -refers to the fisheries sector covering catching, growing, harvesting, processing, marketing, developing, conserving and managing of aquatic resources. e. Foreign Aquatic Species - is flll'ther c1a.-ified by including any aquatic species not indigenously found in Philippine waters. f. Health hazard - refers to any biological, chemical contamination or physical agent that has adverse effects on humans or aquatic organisms. g. Rare species - refers to species and sub-species of aquatic organisms found in very small number in specialized areas or habitat in the country. h. Threatened species- refers to species and sub-species of aquatic organisms which have reached critical level of depiction and arc threatened with extinction. 12 CHAPTER 11 UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATIONSYSThM OF FISHERIES AND AQUATIC RESOURCES SEC. 5. Use ofPhilippine Waters - 171e use and exploitation of the fishery and aquatic resources in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That research and survey activities may. be allowed under strict regulations, for purely research, scientific, technological and educationalpurposes that would also benefit Filipino citizens. Rule 5.1 Research, Scientific, Technological and Educational Activities.- The Department, through BFAR, shall issue the Fisheries Administrative Order (FAO) on regulations of research, scientific, technological, educational and survey activities that maybe undertaken by non-Filipinos. SEC. 6. Fees and Other Fishery Charges. - The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the utilization ofresources and shall be determined by the Department: Provided, that the Department shall also prescribe fees and other fishery charges and issue the corresponding license or permit for fishing gear, fishing accessories and other fishery activities beyond the municipal waters: Provided, further, that the license fees offishery activity in municipal waters shall be determined by the Local Government Units (LGUs) in consultation with the FARA1Cs. The FARMCs may also recommend the appropriate license fees that will be imposed The Department, through BFAR, shall: Rule 6.1 Rule 6.2 Rule 6.3 Rule 6.4 Rentals, License Fees and Other Fishery Charges.- Determine rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat License (CFBL) at levels that reflect resource rent accruing to the utilization of resources based on estimates from economic studies or best available evidence of economic rent; fees and other charges for gears, accessories and other fishery charges shall be based on rates sufficient to cover administrative costs; Rentals for Fishpond Areas. - Issue, within one year from the effectivity of this IRR, the appropriate Fisheries Administrative Order (FAO), prescribing the rental rates for fishpond areas leased from government; License Fees for Commercial Fishing Boats. - Issue within one year from the effectivity of this IRR, the FAO prescribing the license fees for CFBLs; Fees and Other Fishery Charges> Issue within one year from the effectivity of this IRR, the FAO prescribing the fees and other fishery charges for gears, accessories and other fishery activities; ]3 Rule 6.5 nule 6.6 Intertm Per'iod.« Continue to charge the present license fees until the FAO described in the preceding rules shall have been issued; Technical Assistance.- Provide technical assistance to Local Government Units (LGUs) regarding local regulations on fees anti other fishery charges• •)'EC 7, Access to Fishery Resources, - The Department shall issue such number of licenses and permits for the conduct (![fishelY activities subject to the limits of the M)Y of the resource as determined by scientific studies or best available evidence. Preference shall be given to resource users in the local communities adjacent or nearest to the municipal waters. The Department, through BFAR, shall: Rule 7.1 Rule 7.2 Rule 7.3 Rule 7.4 Rule 7.5 Determinatiou of MSY and TAC- Determine, within three (3) years from the effectivity of this IRR and every three (3) years thereafter, through continuous stock assessment studies an estimate of the MSY and TAC of major fisheries, including but not limited to large pelagic, small pelagic, reef and demersal fisheries, for the entire Philippines and for each major fishing area: Comprehensive Fisheries Information System.- Establish a comprehensive information network system at the national, regional and local levels, in cooperation with other concerned agencies, for collection, storage and rerrieval of fishertes data; Coordination with Concerned Agencies.- Coordinate with the Bureau of Agl'iculture Statistics (BAS), Philippine Fisheries Development Authority (PlfDA), LGUs and other agencies to ensure that the catch and effort statistics collected by the said agencies shnll be in accordance with the data requirement of BFAR; Inventory of Commercial Fishing Boats. - Conduct and complete within one (1) year from the effectivity of this IRR, an inventory of all commercial fishing boats and gears and their areas of operation; I>eterminntion of the Number of Licenses> Based on the MSY and TAC estimate or best available evidence, determine the number of licenses to be issued for commercial fishing boats for each major fisheries, major fishing area, by vessel size categories, and by type of fishing gear and corresponding catch quota for each fishing boat: Provided however, fishing boats used to SUPPOl't fish production such as carders, skiff boats, lightboats and sonar boats are not included under this limitation; 14 Rule 7.6 Rule 7.7 Rule 7.8 Priority Rights of Present Licensees>- Grant priority rights in the allocation of licenses to present Commercial Fishing Boat License (CFBL) holders for renewal of thci., license, provided that there is no record of violation of thc terms and conditions of the license; Preferential Allocution for Large Vessels> Accord preference in the allocation of Commercial Fishing Vessel License (CFVL) to large fishing vessels to encourage fishing in the EEZ and beyond; Criteria for Licensing of Small and Medium Commercial Fishing Vessels. Undertake and complete within two years from the effectivity of this IRR, an extensive evaluation study of the technical capabiliry of small and medium commercial fishing vessels to fish beyond the municipal waters; and based on the findings of such study, define the criteria for granting licenses to these small and medium-sized commercial vessels. SEC. 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or quota on the total quantity offish captured, for a specified period of lime and specified area based on the best available evidence. Such a catch ceiling may be imposed per species of fish whenever necessary and practicable: Provided. 11011'1.'\'1.'''. 7710t in municipal waters and fishery management areas, and waters under the jurisdiction ofspecial agencies, catch ceilings may be established upon the concurrence and approval or recommendation ofsuch special agency and the concerned LGU in consultation with the FARA1Cfor conservation or ecological purposes. The Secretary, through the Director, may: Rule 8.1 Rule 8.2 Catch Ceiling. - Issue the appropriate FAO, based on the findings of stock assessment studies and estimate of MSY, the necessary total catch ceiling limitation fOI' each major fishery and/or specific fishing area: Catch Ceiling in Municipal Waters> Establish catch ceilings in specified municipal waters or fisheries management areas and waters under the jurisdiction of special agencies through a Joint Memorandum Order between the Department, the concerned special agency or LGU after consultation with the FARMCs including provisions for its enforcement. SEC. 9, Establishment of Closed Season. - The Secretary may declare, through public notice in at lease two (2) newspapers ofgeneral circulation or in public service announcements, whichever is applicable, at least (5) days before the declaration, a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes. 7711.' Secretary may include waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas reservedfor the lise of the municipal fisherfolk in the area to be covered by closed season: Provided. however, That this shall be done only upon the concurrence and approval or recommendation of such special agency and the concerned LGU and FARA4C: Provided, further. That in municipal waters, fishery management areas and other areas reserved for the use of the municipalfisherfolk, closed season may be 15 established by the concerned LGU in consultation with the FAR/vIC for conservation or ecological purposes. The FAUNICs may also recommend the establishment of closed seasons in municipal waters, fisheries management and other areas reserved for the use of municipal fisherfolk. The Secretary, upon the recommendation of the Director, may: Rule 9.1 Ilule 9.2 Rule 9.3 Establishment of Closed Season. - Issue the appropriate FAO declaring a closed season regulation in a specific area, based on the findings of stock assessment studies, biological studies, other research studies or best available evidence; Impact Assessment. - Under-rake an impact assessment study upon the expiration of the closed season period to determine appropriate regulation; Closed Season in Municipal Waters. - Include closed season regulations in waters undcr the jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk upon the concurrcncc and approval 0." recommendation of such special agency and the concerned LGU and FARMC, in which case the concerned LGUs or special agencies shall, through appropriate municipal fisheries ordinance or rcsolution, cease to issue license/permits for fishcries activities in municipal waters and bays in closed season area. SEC 10. Introduction (!! Foreign Aquatic Species. - No foreign finfish, mollusk, crustacean or aquatic plants shall be introduced in Philippine waters without a sound ecological, biological and environmentaljustification based on scientific studies subject to the bia-safety standard as providedfor by existing 1011'S: Provided, however, That the Department may approve the introduction offoreign aquatic species for scientific/research pmposes. The Department, through BFAR, shall: Rule 10.1 Regulations. - Issue, within one (I) year from effectivity of this IRR, the nppropr'iate FAO to implement this Section. SEC. 11. Protection of Rare, Threatened and Endangered Species. - The Department shall declare closed seasons and take conservation and rehabilitation measures for rare, threatened and endangered species, as it may determine, and shall ban the fishing and/or taking of rare, threatened and/or endangered species, including their eggs/offspring as identified hy existing laws in concurrence with concerned government agencies. The Department, through BFAR, shall: Rule 11.1 Inventory.- Conduct an inventory of rare, endangered and threatened aquatic species starting from the effectivity of this IRR, and thereafter, monitor and keep all updated list of such species; 16 Rule 1l.2 Regulations. - Issue the approprtate FAG declaring closed seasons and management measures to protect rare, threatened and endangered species. SEC. 12. Environmental Impact Statement (E15'). - All government agencies as well as private corporations.firms and entities who intend to undertake activities or projects which will affect the quality of the environment shall he required to prepare a detailed Environmental Impact Statement (EIS) prior to undertaking such development activity. 111e preparation (if the E1S shall form an integral part (if the entire planning process pursuant to the provisions of Presidential Decree No. J586 as well as its implementing rules and regulations. Rule 12.1 Establishment of Environmental Unit in BFAR. - The Department shall establish an Environmental Unit in BFAR to coordinate with concerned agencies in assisting project proponents in preparrng Environmental Impact Statement prier to its submission to DENR SEC. 13. Environmental Compliance Certificate (I';CC). - All Environmental Impact Statements (EfS) shall be submitted to the Department of Environment and Natural Resources (DENI?) for review and evaluation. No persons. natural or juridical, shall undertake any development project without first securing an Environmental Compliance Certificate (ECC) from the Secretary ofthe DENR. SEC. 14. Monitoring, Control and Surveillance of Philippine Waters. - A monitoring, control and-surveillance system shall be established hy the Department in coordination with LGUs, FARlvfCs, the private sector and other agencies concerned to ensure that the fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed Oil a sustainable basis and conservedfor. the benefit ami enjoyment exclusively ofFilipino citizens. The Department, through BFAR, shall: Rule 14.1 Rule 14.2 Establish a Monitoring, Control and Surveillance (MCS) System at the national and regional levels which shall be comprised of the following: a. The Monitortng Component consists of the collection, storage and retrieval of catch and effort data and other relevant information; b. The Control Component consists of fishery legislation and ordinances, such as but not limited to licensing, catch ceiling, closed season, fish sanctuaries and other regulations provided in this IRR; c. The Surveillance Component consists of fishery law enforcement activities. Inter-Agency Coordination - The Cabinet Committee on Marine and Ocean Affairs (CABCOM-MOA) Technical Working Group for MCS shall be the coordinating committee to implement the MCS; 17 Rule 14.3 Rule 14.4 Rule 14.5 Operations Centers> Establish the National MCS Coordinating and Operations Center (NMCSCOC) and Regional MCS Coordinating and Operations Centers (RMCSCOC) in strategic sites; Establish Municipa! MCS System in selected municipalities in coordination with FARMCs, Department of Interior and Local Government (DILG), the private sector' and other agencies concerned; Secure budgetary support fnnn the Departmeut of Budget and Management (DOM) for an effective MCS operations. SEC. J5. Auxiliary Invoices - Allfish andfishery products must have an auxiliary invoice to be issued by the LGUs or their dilly authorized representatives prior to their transport from their point oforigin to their point ofdestination in the Philippines and/or export purposes upon payment ofa fee to be determined by the LGUs to defray administrative costs therefor. The municipal/city government shall: Rule 15.1 Rule 15.2 Restrictions.- Issue auxiliary invoices for the transport of fish and fishery products except those caught in violation of the provisions of this Code or are declared as health hazards as defined in this IRR: Provided, however, that the fish and fishery aquatic product transported and/or unloaded by Philippine Registered fishing vessels and culture pearls arc exempted from the issuance of auxiliary invoice; Reports> Make available to the Proviucial I'isher"y Office (lIFO) the monthly summary of auxiliary invoices. ARneLE I SEC, 16. Jurisdiction ofMunicipal/City Governments, - The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. 11,e municipal/city government, in consultation with the I'AR.!""IC shall be responsible for the management, conservation, development, protection, utilization; and disposition ofall fish am/fishery/aquatic resources within their respective municipal waters. 17,e municipal/city government may, in consultation with the FARlYIC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy. Hie ordinances enacted by the municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian ofthe province which has jurisdiction over the same. 11,e LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipality/city council. 18 The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based on political subdivisions of municipal waters in order to facilitate their management as single resource systems. 17,e LGUs which share or border such resources may group themselves and coordinate with each other to achieve the objectives of integratedfishery resource management. The Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs) established under Section 76 of this Code shall save as the venuesfor close collaboration among LGUs in the management ofcontiguous.resources. The municipal/city government: Rule 16.1 Rule 16.2 Rule 16.3 Rule 16.4 Rule 16.5 Rule 16.6 Rule 16.7 Rule 16.8 Basic Municipal Fisheries Ordinance> Shall enact a basic Municipal Fisheries Ordinance (MFO) delineating the boundaries of the municipal waters as defined in this Code and providing the rules and regulations on licensing and permits and other fisheries activities: Provided however, that for municipalities whose waters are adjacent 0.' contiguous to international borders, the delineation of boundaries of municipal waters shall be done after due consultation with the DFA and other concerned agencies; License Fees.- Shall determine, in consultation with the FARMCs, the license fees of fisheries activities in municipal waters: Provided that the FARMC may also recommend the approprtate license fees that will be imposed; Special Municipal Fisheries Ordinances> Shall enact, in consultation with BFAR, Special Fisheries Ordinances, such as but not limited to declaring special demarcated fisheries areas, closed season and environmentally crttical areas and sanctuaries; Consultation with the FARMCs.- Shall consult the FARMCs in the enactment of municipal fisheries ordinances; Modified Ordinance. - Shall modify or amend existing municipal fisheries ordinances to conform with Republic Act No. 8550; Overlapping Boundaries> May seek the assistance of the Department, through DFAR, in resolving ove...apping boundaries of municipal waters; Unified Fisheries Ordinance.- May formulate with other LGUs having jurisdiction over municipalities bordering bays, lakes and gulfs, a unified munieipal fisheries ordinance for an integrated resource management of the same; Color Coding.- Shall design a color coding system for municipal waters, such color code system to include identifiable markings to be carried by the municipal fishing boats; 19 Rule 16.9 Enforcement.- Shall enforce fishery laws, rules and regulations and fisheries ordinances in municipal waters. SEC. 17. Grant of Fishing Privileges ill Municipal Waters. - 11,e duly registered fisherfolk organizations/cooperatives shall have preference in the grant offishery rights by the Municipal/City Council pursuant to Section 149 ofthe Local Government Code: Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue ofspecial laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan COUIl.Ci/ for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation ofthe aforementioned structures. SEC. 18. Users ofMunicipal Waters. - Allfishery related activities ill municipal waters, as defined ill this Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry ofmunicipalflsherfolk. The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met: a 110 commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency; b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department; c. prior consultation; through public hearing, with the MlCFARMC has been conducted; and d. the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the appropriate agency as II0t having violated this Code, environmental laws and related laws. In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be ill an environmentally critical condition and during closed season as providedfor in Section 9 ofthis Code. Rule 18.1 Guidelines. - The municipal/city government which intend to allow the entry of commercial fishing boats in 10.1 to 15 km, from the coastline: a. Establish the boundaries of the allowable areas for commercial fishing; The concerned municipality and city government may seek the assistance of the Department and/or National Mapping and Resource Information Authority (NAMRIA) in establishing the boundaries and isobath depth of waters; 20 b. Conduct a public hearing in consultation with FARMCs to present the following (1) a mal) showing the area of the municipal waters where small and mediumcommercial fishing vessels may be allowed to operate (2) the type of fishing vessel and gear that may be allowed in such waters (3) the draft municipal fisheries ordinance permitting/allowing such commercial fishing operations; c. Enact appropriate municipal fisherres or-dinance. SEC. 19" Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of municipalfisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal waters. and of monitoring fishing activities and/or other related pW]Joses: Provided, That the FARMC shall submit to the LGU the list ofpriorities for its consideration. Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to public inspection. for the purpose of validating the correctness and completeness of the list. The LGU, in consultation with the FARJvfCs. shall formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FAR.MCs may likewise recommend such mechanisms. The LGUs shall also maintain a registry ofmunicipal fishing vessels by type ofgear and other boat particulars with the assistance ofthe !·ARMC. Rule 19.1 Rule 19.2 Rule 19.3 Standard Reglstration Form - The Department, through 8FAR, in coordination with NFARMC, shall assist the LGUs in developing a standard registration form for municipal fishing vessels, gears and fisherfolk; Crtter'ia for Registration.- Residency in the municipality/city for at least six (6} months; Use of Registry> The Registry of Municipal Fisherfolk shall serve as basis for the identification of prtortty municipal fisherfolk who shall be allowed to fish within the municipal waters but reglstratiou is not equivalent to a permit to fish. SEC. 20. Fisherfolk Organizations and/or Cooperatives. Fisherfolk organizations/cooperatives whose members are listed in the registry (if municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish fanning: Prodded, however. That an organization/cooperative member whose household is already in possession (if a fishery right other titan for fish capture cannot enjoy the fishing rights granted to the organization or cooperative. 21 SEC. 21. Priority of Resident Municipal Fisherfolk. - Resident municipal Fisherfolk of the municipality concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcatedfishery areas ofthe said municipality. SEC. 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery rights to fishery organizations/cooperatives for mariculture operation in specific areas identified by the Department. Rule 22.1 Identification of Mariculture Areas.« The Department, through BFAR, in cooperation with the LGUs concerned, shall identify municipal waters suitable for mariculture operations and establish the linear boundaries of the area to be declared as demarcated fishery area. SEC. 23. Limited Entry Into Overfished Areas. Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger ofbeing overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters. The Department, through BFAR, shall: Rule 23.1 Rule 23.2 Rule 23.3 Guidelines on Overfishing. - Promulgate and issue within (6) six months from the effectivity of this IRR, the criteria for determining overfished areas and issue the appropriate FAO; Declaration of Overfished Areas in Municipal Waters. - Determine jointly with the LGUs and FARMCs concerned, the boundaries of municipal waters or parts thereof, which are overfished or in danger of being overfished or in need of regeneration: Provided however, that the LGUs shall declare a municipal water or parts thereof as overfished and shall issue the appropriate municipal fisheries ordinance prohibiting or limiting fisheries activities; Impact Assessment. - Undertake an impact assessment of the state of fisheries in the declared overexploited area and accordingly submit its recommendations to the concerned municipalities. SEC. 2-1. Support to Municipal Fisherfolk - The Department and the LGUs shall provide support to municipalfisherfolk through appropriate technology and research, credit, production and marketing assistance and other services such as, bUI not limited to training for additional/supplementary livelihood. 22 The Department, through DFAR in collaboration with other concerned agencies, shall: Rule 24.1 Rule 24.2 Rule 24.3 Rule 24.4 Rule 24.5 Rule 24.6 Technology Transfer. - Transfer technology in aquaculture, post-harvest, fishing and othel' technologies through training and extension in BFAR's fisheries demonstration farms, National Fisheries Technology Centers, Regional Fishermen Training Center's and Regional Fisheries Outreach Stations; Verification Studies. - Conduct technology verification studies and establish pilot demonstration projects in various aspects of fisheries conservation, management and development; Marketing Assistance, - Provide production, market and credit information for fish ami fishery products; Technical Assistance on Feasibility Studies. - Provide technical assistance in the preparation of feasibility studies to facilitate fisherfolk organizations' access to credit; Technical Assistance on Fisherres Management, - Provide technical assistance to LGUs, FARMCs and fisherfolk organizations in establishing fisheries management systems in municipal waters; Organizing/Streugtheuiug of Local Organizntions. - Pr-ovide assistance in OI"ganizing/sh'cngtlu.'ning fishcrfolk OI·ganiz:.tions and cuopcrntives in coordination with the Cooperative Development Authority (CDA), Non Government Organizations (NGOs), People Organizations (POs) and other concerned agencies. SEC 25. Rights and Privileges ofFish workers - The fish workers shall he entitled to the privileges accorded to other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided, Thatfishworker on hoard anyfishing vessels engaged in fishing operations are hereby covered hy tile Philippine Labor Code, as amended. Rule 25.1 Working Hours of Fishworkers. - Fishworkers on board any fishing vessel engaged in fishing operations shall be classified as field personnel as defined under Section 82 of the Philippine Labor Code, as amended, and shall not be subject to the regulations on normal working hours and overtime. AIUiel.E·II COA"fMERCIAL FISHERIES Sl~.;C. 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a commercialfishing vessel, pearlfishing Fessel orfishing vesselfor scientific, research 23 or educational purposes, or engage in anyfishery activity, or seek employment as a fish worker or pearl diver without first securing II license from the Department. the period (~f which shall be prescribed by the Department: Provided, That no such license shall be required of a fishing vessel engaged in scientific, research or educational pwposes within Philippine waters pursuant to an international agreement (if which the Philippines is a signatory and which agreement defines the status, privileges and obligations ofsaid vessel and its crew and the non Filipino officials (if the international agency under which said vessel operates: Provided, further, 17Iatmembers ofthe crew (~fafishing vessel usedfor commercialfishing except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as fisherfolk: Provided, furthermore, 17Iatall skippers/master fishers shall be required to undertake all orientation training on detection (iffish caught by illegal means before they can be issued their fish worker licenses: Provided, finally, 17Iat the large commercialfishing vessel license herein authorized to be granted shall allow the licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject to the conditions that may be slated therein and the rilles and regulations that may be promulgated by the Department. The Department, through BFAR shall: Rule 26.1 Rule 26.2 Rule 26.3 Rule 26.4 Vessel and Gear' Licenses. - Issue to qualified commercial fishing vessel applicant licenses for' fishing vessel and gear for specific or' several fishing areas to be used for commercial fishing operation; The license shall be for specific fishing areas provided, however, that the license may be granted for one or several fishing areas; Updated Philippine Marine Water Map, - Organize an Inter-agency Committee to prepare a consolidated map of Philippinc waters, delincating municipal water' boundarics and depths thereof'; Number of Commercial Fishing Vessel Licenses (CFVL). - Issue the corresponding number of CFVL based on MSY as provided in Section '1 of this Code; Skipper's Surveillance Training. - Require skippers to undergo an intensive orientation/training 011 fishery laws including the detection of fish caught by explosives/obnoxious or' poisonous substances and to report sightings of foreign fishing vessels poaching in Philippine waters and other fishery violations. SEC. 27. Persons Eligible for Commercia! Fishing Vessel License. - No commercial fishing vessel license shall be issued except to citizens of the Philippines, partnership or to associations, cooperatives or corporations duly registered in the Philippines at least sixty percent (60%) of the capital stock of which is owned by Filipino citizens. No person to whom a license has been issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to aI~Y person not qualified to hold a lice lise. Any Stich transfer, sale or assignment shall 24 be null and void and shall not he registered ill the hooks of the association, cooperative or corporation. For purposes of commercial fishing, fishing vessel owned by citizens of the Philippines, partnerships, corporation, cooperatives or association qualified under this section shall secure Certificates of Philippine Registry and such other documents as are necessary for fishing operations from the concerned agencies: Provided, That the commercial fishing vessel license shall be validfor a period to be determined by the Department SE'C. 28. Commercial Fishing Vessel Registration - The registration, documentation, inspection and manning of the operation ofall types (iffishing vessels plying Philippine waters shall be in accordance with existing laws, rules and regulations. .Si·X: 29. Registration and Licensing 0/ Fishing Gears Used in Commercial Fishing. Before a commercial fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine waters, the fishing gear it will utilize in fishing shall be registered and a license granted therefore. 77w Department shall promulgate guidelines to implement this provision within sixty (60) days from approval (if this Code. Rule 29.1 Requirements for Licensing. - The Department, through BFAR, shall issue within three (3) months from the effectivity of this In.n., the appropriate FAO to implement this Section. S'EC. 30. Renewal (if Commercial Boats License. - The commercial fishing boat license shall be renewed every three (3) years. 111e owner/operator of a fishing vessel has a period (!! sixty (60) days prior to the expiration (if the license within which to renew the same. SEC. 31. Report of Transfer of Ownership. ... The owner/operator of a registered fishing vessel shall notify the Department in writing (if the-transfer of the ownership of the vessel with a copy ofsuch document within ten (10) days after its transfer to another person SEC. 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. Fishing vessels of Philippine registry may operate in international waters or waters 0/ other countries which allow such fishing operations: Provided, That they comply with the safety, manning and other requirements (if the Philippine Coast Guard, Maritime Industry Authority and other agencies concerned: Provided. however, 1710t they secure all international fishing permit and certificate of clearance from the Department: Provide, further, 1710t the fish caught by such vessels shall be considered as caught in Philippine waters andtherefore not subject to all import duties and taxes only when the same is landed in duly designated.fish landings and fish ports in the Philippines: Provided, furthermore, 17/(1t landing ports established by canneries, seafoodprocessors and allfish landing sites established prior to the effectivity (if this Code shall be considered authorized landing sites: Provided, finally , Thatfishworkers on board Philippine registeredfishing vessels conductingfishing activities beyond the Philippine Exclusive Zone are not considered as overseas Filipino workers. 25 The Department, through BIi'AR, shall: Rule 32.1 Rule 32.2 Rule 32.3 Registration of Landing Ports. - Require landing ports established by canneries, seafood processors, and private fish landing sites established prior to the effectivity of this Code to register with BFAR to qualify as author'ized landing sites Ior fish caught in iuteruational waters by Philippine commercial fleet; Workers Classification.- Fishermen on board Philippine registered fishing vessels fishing bcyond the Exclusive Economic Zone are not considered as overseas Filipino workers, and therefore, are not covered by the Migrant \Vo.okers and Overseas Filipino Act of 1995 and its implcmcnting rules and regulations. Exception from Applicable Immigration and Customs Regulations. Philippine registered fishing vessels engaged in fishing operations in Philippine 200 miles Exclusive Economic Zone and beyond shall be exempted from applicable immigration and custom laws and its implementing rules. SEC. 33. importation ofFishing Vessels or Construction ofNell' Fishing Boats. - Prior to the importation (if fishing vessels and the construction of I/ell' fishing vessels, the approval/clearance ofthe Department must first be obtained The Department, through BFAR, shall : Rulc 33.1 Importation.- Issue, within one (I) year from the effectivity of this IRR, the appropriate FAG on the maximum age and minimum gross tonnage for catcher vessels that may be imported. SEC. 34. Incentives for Municipal and Small Scale Commercial Fisherfolk. - Municipal and small scale commercial fisherfolk shall be granted incentives which shall include, hilt are not limited the, the following: a. at least ten percent (10%) (if the credit and the guarantee funds of government financing institutions shall be made available for post-harvest and marketing projects for the purpose of enhancing our fisherfolk competitiveness by reducing post-harvest losses. Qualified projects shall include, but shall not be limited to, ice plants, cold storage, canning, warehouse, transport and other related infrastructure projects andfacilities; and b. the Department shall undertake the folio wing programs: I. a capability-building program for targeted parties shall be developed by the Department to promote greater bankability and credit worthiness of municipal 26 and small scale commercial fishers. Such program shall include organtztng activities, technology transfer, and skills training related to commercial fishing as well as credit management. Groups and cooperatives organized under the program shall have priority access OI'er credit and guarantee funds established under this Code; and 2. an information campaign shall be conducted to promote the capability building and credit programs. The campaign shall ensure greater information dissemination and accessibility to targetedfisherfolk. Rule 34.1. Inter-Agency Credit Committee. - The Department, shall within three (3) months from the effectivity of this I n.n., form an Inter-Agency Committee composed of representatives from Agricultural Credit and Policy Council (ACPC), OFAR, National Credit Council (NCe), Department of Finance (DOF), Small and Medium Business Enterprise Guarantee Fund (SlY(BEGF), Guarautce Fund Ior Small and Medium Scale Enterprise (GFSME), Land Bank of the Philippines (LOP), Development Bank of the Philippines (DBP) , Quedan and Rural Credit Guarantee Corporation (QUEDANCOR), Guarantee Fund for Small and Medium Scale Enterprises (GFSME) who shall formulate through a participatory process with the beneficiaries the credit guidelines to implement Section 34; Rule 34.2 The Department, through BFAR, shall develop and implement capability building program for municipal and small scale commercial fishers which shall include those covered by the rules under Section 24. ,\,'EC. 35. Incentivesfor Commercial Fishers to Fish Farther into the Exclusive Economic Zone (FEZ). - In order in encourage fishing vessel operators to fish farther in the E,EZ and beyond, new incentives for improvement offishing vessels and acquisition offishing equipment shall be granted in addition to incentives already available from the Board ofInvestments (BOI). Such incentives shall be granted subject to exhaustive evaluation of resource and exploitation conditions in the specified areas offishing operations. The incentive shall include, but not be limited to: a. long term loans supported by guarantee facilities to finance the building and acquisition and/or improvement offishing vessels and equipment; b. commercial fishing vessel operators of Philippine registry shall enjoy a limited period of tax and duty exemptions 011 the importation (iffishing vessels not more than five (5) years old, equipment and paraphernalia. the period ofexemption and guidelines shall befixed hy the Department within ninety (90) days from effectivity ofthis Code. c. commercial fishing operator ofPhilippine registry engaged in fisheries in the high seas shall be entitled to duty and tax rebates on fuel consumption for commercial fisheries operations. Guidelines shall be promulgated within ninety (YO) days from the effectivity of this Code by the Department; and 27 d. all applicable incentives available under the Omnibus Investment Code of 1987: Provided, That the fishing operation project is qualified for registration and is duly registered with the 1301. Rule 35.1 The Department of Agriculture, through BFAn., shall create within one (1) month from the effectivity of this IRR, an Inter-Agency/Sectoral Committee which includes the pr'ivate sector to formulate guidelines to implement Section 35. SEC. 36. Complement ofFishing Vessels. - Every commercial fishing vessel ofPhilippine registry when actually operated, shall be manned in accordance with the requirements C?! the Philippine Merchant Marine rules and regulations. SEC. 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provided with adequate medical supplies and life-saving devices to be determined by the Occupational Safety and Health Center: Provided, That a fishing vessel of twenty (20) G1' or more shall have as a member (if its crew a person qualified as a first aider duly certified by the Philippine National Red Cross. SEC. 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record (~rfish catch and spoilage, landing points, and quantity and value offish caught, and (~ff­ loadedfor transshipment, sale and/or other disposal. Detailed information shall be duly certified by the vessel's captain and transmitted monthly to the officer or representative (if the Department, at the nearest designated landing point. Rule 38.1 Reports. - Each commercial fishing vessel shall provide the Department, through BFAR, the following reports duly certified by the vessel's Captain and transmitted monthly using prescribed logsheet form: (i) a record of daily fish catch by fishing trip and fishing area, such fishing area defined by specific measurement of latitude and longitude positions; (ii) daily record of quantity and value of fish catch, spoilage, landing points, transshipment and/or other means of disposal. SliC. 39. Report (if Meteorological and Other Data. - All vessels and crafts passing navigational lanes or engaged in fisheries activity shall be required to contribute to meteorological and other data, and shall assist the Department in documentation or reporting of information vital to navigation and the fishing industry. SEC. -10. Color Code and Radio Frequency. - For administrative efficiency and enforcement (~f regulations, registered fishing vessels shall hear a color code as may be determined by the Department and may he assigned a radiofrequency specific and distinct to its area (ifoperation. 28 The Department through n(fAR, shall: Rute 40.1 Rule 40.2 Rule 40.3 Rule 40.4 Implementation of Color' Code Licensiug System.- Requtre that the licensing of commercial fishing vessels will be for specific or several fishing areas; Demarcation of Fishing Areas.- Demarcate the Philippine waters into distinct fishing areas, in coordination with NAMRIA, produce a map of the Philippine waters, each fishing area being designated with a code number; Color Coding System.- Design color coding system for fishing areas for commercial fishing vessels; Regulation.- Issue the appropriate (fAO for such color code licensing system within two (2) years from the effectivity of thislRR; Rule 40.5 Assignment of Radio Frequcucy,» Cuordiuatc with thc Telecommunication Commission (NTC) on the assignment frequencies for the area of operation of the fishing vessels. National of radio SEC. 41. Passage. - Commercial and other passage not in the regular conduct of fisheries activity shall be made at designated navigational lanes. SEC. ./2. Transshipment. - Foreignfishing vessels wishing to avail of 1£1/1£1, air and sea facilities available in the Philippines to transport fishery products which are caught outside Philippine territorial waters to its final destination shall call only at duly designated government-owned or -controlled regional fishport complexes after securing clearance from the Department. The Department, through IlFAR, shall: Rule 42.1 Rule 42.2 Guidclines.- Formulate, in coopcrntion with PFDA, guidelincs on transshipmen t; Transshipmeut Points. - Designate, in cooperation with PFDA, the regional fish port complexes as authorized transshipment points; SEC. ./3. Operation ofRadio Communication Facilities on Board Fishing Vessels. - The Department shall promulgate guidelines in the operation of radio communication facilities 0/1 board fishing vessels and the assignment of radio frequencies specific and distinct to area of operation in coordination with the National Telecommunications Commission. 29 Rule 43.1 Regulation. - The Department, through HFAR, in cooperation with NTC, shall issue, within one (1) year from the effectivity of this IRR, the appropriate FAO 011 the qualifications of the Fishing Vessel Radio Operators. SEC. 44. Use ofSuperlight. - The number and wattage ofsuperlights used ill commercial fishing vessels shall be regulated by the Department: Provided, That the lise of superlights is banned within municipal waters and bays. The Department, through BFAR, shall: Rule 44.1 Regulations. - Conduct studies to determine superlights to be regulated and issue corresponding FAO, within one (I) year from the effectivity of this JRit on the total wattage and lumcns which shal] hc allowed according to tonnage size of a commercial fishing vessel. ARTiClE, III AQUAC(JI,TUR/~' SEC. 45. Disposition of Public Landsfor Fishery Purposes. - Public lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds sui/able for fishery operations shall not be disposed or alienated Upon effectivity of this Code, FLA may be issuedfor public lands that may be declared available for fishpond development primarily 10 qualified fisherfolk cooperatives/associations: Provided, howewr, That upon the expiration (!( existing FLAs the current lessees shall be gil-en priority and he entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas, There after, such FLAs shall he granted 10 any Filipino citizen with preference, primarily 10 qualified fisherfolk cooperatives/associations as well as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, 17Jat the Department shall declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally, that two (2) years after the approval ofthis Act, nofish pens orfish cages orfish traps shall be allowed ill lakes. The Department through HFAR, shall: Rule 45.1 Rule 45.2 Declaration of Reserved Areas.- Determine, in coordination with DENR, within six (6) months from the effectivity of this IRR, areas or portions of available public lands certified as suitable for fishpond purposes to be declared as reservation, fish sanctuary /or for conservatiou, and ecological purposes; Preference in the Issuance of New FLAs. - Give preference to qualified fisherfolk cooperatives/ associations in the issuance of ncw FLAs covering public lands declared available for fishpond development; 30 Rule 45.3 Rule 45.4 Preference in the Issuance of Expired FLAs. - Give preference primarily to qunlified fishe."folk coopcrntives/nssociatious as well as small and medium enterprise in the awarding of expired FLAs; Regulation. - Issue the FAO, within one (1) year from the effectivity of this IRR on the criteria for the selection of qualified applicants for new and ex pi redFLAs. ..)'EC. 46. Lease 0 f Fishponds> Fishpond leased to qualified persons and fisherfolk organizations/cooperatives shall he subject to the following conditions: a. Areas leased for fishpond purposes shall he no more than 50 hectares for individuals and 250 hectaresfor corporations orfisherfolk organizations; h. The lease shall he for a period of twenty-five (25) years and renewable for another twenty-five (25) years: Provided, That in case of the death of the lessee, his spouse and/or children, as his heirs, shall have preemptive rights 10 the unexpired term ofhis Fishpond Lease Agreement subject to the same terms and conditions prodded herein provided that the said heirs are qualified; c. Lease ratesfor fishpond areas shall be determined by the Department: Provided, that all fees collected shall be remitted to the National Fisheries Research and Development Institute and other qualified research institutions to be used fin' aquaculture research development; d. The area leased shall be developed and producing on a commercial scale within three (3) yearsfront the approval of tile lease contract: Provided, however, 711al all areas not fully producing within jive (5) years from the dale (if approval (if the lease contract shall automatically revert to the public domain for reforestation; e. The fishpond shall not be subleased, in whole or in part, andfailure 10 comply with this provision shall mean cancellation ofFlA; f The transfer or assignment (if rights 10 I'J~A shall be allowed only upon prior written approval ofthe Department; g. 17,e lessee shall undertake reforestation for river hanks, hays, streams and seashore fronting the dike ofhis fishpond subject to the rules and regulations to he promulgated thereon; and II. The lessee shall provide facilities that will minimize environmental pollution, i.e., settling ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean cancellation ofJ;lJA. 31 The Department, through BFAR, shall: Rule 46.1 Rule 46.2 Lease Rnte.- Issue the FAO, within one (I) year from the effectivity of this HUt, the guidelines prescrrbiug fishpond lease rates and other regulations to implemeutthis Section; Reforestation. - In coordination with the DENR, issue the guidelines within one (1) year from the effectivity of this IRR, on the reforestation of river banks, bays, streams and seashores fronting the dike of the fishpond area covered by the FLA. SEC. 47. Code ofPractice for Aquaculture, - The Department shall establish a code of practice for aquaculture that will outline general principles and guidelines for environmentally sound design and operation to promote the sustainable development of the industry, Such Code shall be developed through a consultative process with the DENR, the fish workers, FLA holders, fishpond owners, fisherfolk cooperatives, small-scale operators, research institutions and the academe, and other potential stakeholders. flit! Department may consult with specialized international organizations ill the formulation ofthe code ofpractice. Rule 47.1 Drafting of the Code of Practice for Aquaculture. - The Department through DFAR, shall work closely with DENR, Southeast Asian Fisheries Development Centerl Aquaculture Department (SEAFDEC/AQD), International Center for Living and Aquatic Resources Management (ICLARM), other concerned agencies, prtvate sector and FARMCs in drafting thc Code of Practice for Aquaculture, to be completed within one (1) year from the effectivity of this HUt, in consonance with the Code of Conduct for Responsible Fisheries. SEC. 48. Incentives and Disincentives for Sustainable Aquaculture Practices. - The Department shallformulate incentives and disincentives, such as, hilt not limited to, effluent charges, user fees and negotiable permits, 10 encourage compliance with the environmental standards and to promote sustainable management practices. Rule 48.1 Incentive/Disincentive System. - The Department, through BFAR, shall establish, in coordination with the DENlt, within one (I) year from the effectivity of this IRR, disincentive system including but not limited to fines and penalties Ior pollutants and effluents trnceable to the govcrumentIease and pr'ivately owned fishponds and incentives or awards for compliance with environmental regulation. SEC. 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. - The DENR, ill coordination with the Department, [,GUs, other concerned agencies and FARMCs shall determine which abandoned, undeveloped or underutilizedfishponds covered by /;1JAs can he reverted /0 their original mangrove state (111£/ after having made such determination shall take all steps necessary to restore such areas in their original mangrove state. 32 Rule 49.1 Rule 49.2 Joint Guidelines.- The Department, through OFAR and the DENR, shall be guided in the implementation of this Section by the Joint DA-DENR General Memorandum Order No.3, Series of 1991, which shall be reviewed and revised accordingly within six (6) months from the effectivity of this IRR; Identification of Abandoned, Undeveloped, Underutilized Fishponds. - The Department, through OFAR, shall within one (1) year from the effectivity of this IRR, review and update fishpond surveys and identify abandoned, undeveloped 01' underutilized fishpond which, after' due process, can be given to qualified persons or reverted to forest lands. SEC. 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond lease agreements who have acquired citizenship in another country during the existence of the FIJA shall have their lease automatically cancelled and the improvements thereon to be forfeited in favor of the government and disposed of ill accordance with rules and regulations promulgated thereon. Rule 50.1 Proof of Citizenship. - The Department, through OFAR, shall through the appropriate FAO, require all fishpond lease holders to submit proof of citizenship. SEC. 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the Culture of Fish and Other Fishery Products. - Fish pens, fish cages, fish traps and other structures for the culture of fish and other fishery products shall be constructed ami shall operate only within established zones du~.' designated by !-GUs in consultation with the FARMCs concerned consistent with nationalfisheries policies after the corresponding licenses thereofhave been secured. The area to be utilizedfor this purpose for individual person shall be determined by the LGUs in consultation with the concerned FARlvIC: Provided, however, 77lOt not over ten percent (lO%) of the suitable water surface area of all lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish traps; and the stocking density and feeding requirement which shall be controlled and determined by its carrying capacity: Provided, further, Thatfish pens andfish cages located outside municipal waters shall be constructed and operated only within fish pen and fish cage belts designated by the Department and after corresponding licenses therefore have been secured and the fees thereof paid Rule 51.1 Carrying Capacity of Lakes. - The Department, throngh OF AR, in coordination with relevant research centers, shall determine within one (I) year from the effectivity of this I Rn, the carrying capacity of lakes and inland waters, such information to provide the LGUs with information on suitable water surface area for aquaculture purposes. SEC. 52. Pearl Farm Leases. - The foregoing provisions not withstanding, existing pearl farm leases shall be respected and allowed to operate under the terms thereof. New leases may be granted to qualified persons who possess the necessary capital and technology, by the LGUs havingjurisdiction over the area. 3J Rule 52.1 Rule 52.2 Inventory. - The Department, through lJFAR, shall conduct an inventory of all existing pearl farms; Regulation. - The Department, through lJFAR, shall prepare a model municipal fisherjes or'dinnncc which thc LG Us may adopt as basis for thcir issuance of permits for the operation of pearl farms. SEC. 53. Grant of Privileges for Opera/ions of Fish Pens, Cages, Corrals/Traps and Similar Structures. - No nell' concessions, licenses, permits, leases and similar privileges for the establishment or operation of fish pens, fish cages'. fish corrals/traps and other similar structures in municipal areas shall he granted except to municipal fisherfolk and their organizations. ...)'EC. 54. Insurance for Fishponds, Fish Cages, and Fish Pens.: Inland fishponds, fish cages and fish pens shall he covered under the insurance program (lj the Philippine Crop Insurance Corporation for losses caused by force majeure andfortuitous events. Rule 54.1 Rule 54.2 Guidelines. - The Department, through IlFAR, shall coordinate with the Philippine Crop Insurance Corporation (PCIC) on the formulation of the guidelines to implement this Section; Coverage. - The I-CIC shall include fishpens, fish cages, seaweed farms and other aquaculture projects and non-agricultural assets such as ice plants, cold storage and other post harvest fncilitics as eligiblc for insurancc coverage. SEC. 55. Non-Obstruction to Navigation - Nothing in the foregoing sections shall be construed as permitting the lessee, licensee, or permittee to undertake any construction which will obstruct the free navigation in any stream, river, lakes, or hays flowing through or adjoining the fish pens, fish cages, fish traps andfishponds, or impede the flow ofthe tide to and from the area. Any construction made in violation hereofshall be removed upon the order of the Department in coordination with the other government agencies concerned at the expense of the lessee, licensee, or occupants thereof, whenever applicable. The Department shall within thirty (30) days after the effectivity ofthis Code formulate and implement rules and regulations for the immediate dismantling ofexisting obstruction to navigation Rule 55.1 Regulation. - The Department, through lJFAR, in consultation with LGUs and/or other agencies and FA RMCs concerned, shall issue within one (1) year From the effectivity of this litH., appropriate FAO to implement this Section. SEC. 56. Non-Obstruction to Defined Migration Paths. - Nothing in the foregoing sections shall he construed as permitting the lessee, permittee, or licensee to undertake any construction which will obstruct any defined migration path of migratory fish species such as river mouths and estuaries within a distance determined by the concerned LGUs in consultation 34 with and upon the recommendation of the I-ARMCs. Rule 56.1' Regulation. - The Department, through BFAR, in consultation with FARMCs shall issue within one (1) year from the effectivity of this IRR , the appropriate FAO to implement this Section. SEC. 57. Registration of Fish Hatcheries and Private Fishpond", etc. - All fish 'iatcheries, fish breedingfacilities and privatefishponds must be registered with the LGUs which shall prescribe minimum standards for such facilities ill consultation with the Department: Provided, That the Department shall conduct a yearly inventory ofaff fishpond..., fish pens 'and 'ish cages whether ill public or private land...: Provided, further, 771at all fishpond, fish pen and 'ish cage operators shall annually report to the Department the type of species and volume (if »roduction ill areas devoted to aquaculture, Rule 57.1 Regulation. - The Department, through BFAR, shall issue the appropriate FAO within one (1) year from the effectivity of this IRR, to implement this Section. AIu,eIF /1' POS'l '-IIARVl:;.\TJ'A CIU JJts. Aenvtt Jt-s AND lRAIJES SEC. 58. Comprehensive Post-harvest and Ancillary Industries Plan. - 77,e Department shall conduct a regular study offisheries post-harvest operations and ancillary industries, in the formulation (if a comprehensive plan for post-han-est and ancillary industries. It shall take into account, among others, the following: a. detailed and dear guidelines on the distribution, construction maintenance and use ofpost-harvest infrastructure facilities; b. extension ofcredit and incentivesfor post-harvest operations: c. promotion and strengthening of semi-processing, processing and handling: d development (ifdomesticfishmeal industry; e. development offlsheries ship-building and repair as a viable industry; f development and strengthening (if marketing facilities and activities, including the pricing system, with emphasis all collective marketing and the elimination ofmiddlemen; g. increased participation of cooperatives and non-governmental organizations in (lost-harvest operations and ancillary industries; II. integration offisheries post-harvest operations into the nationalfisheries plan. 35 Rule 58.1 Plan. - The Department, through IlFAR and PFDA and in consultation with other concerned agencies and the pr'ivate sector, shall within two (2) years from the effectivity of this HUt, prepa.'e and complete the Comprehensive Post Harvest and Ancillary Industries Plan. SEC, 59. Establishment ofPost-Harvest Facilities for Fishing Communities. - The LGUs shall coordinate with the private sector and other concerned agencies and FARMCs in the establishment of post-harvest facilities for fishing communities such as, but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing establishments to serve primarily the needs of municipal fisherfolk: Provided, 171(1t such post harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary Industries Plan. Rule 59.1 Guidelines. - The Department, through PFHA, shall prepare within six (6) months from the effectivity of this IRR, the guidelines to implement this Section. SEC. 60, Registration and Licensing (if ali Post-Harvest Facilities. - All post-harvest facilities such as fish processing plants, ice plants, and cold storage 's, fish ports/landings and otherfishery business establishments must register with and be licensed by the LGUs which shall prescribe minimum standardsfor such facilities in consultation with the Department, Rule 60.1 Rule 60.2 Standards. - The Department, through BFAR and PFDA, shall establish the minimum operating standards for post harvest facilities in accordance with Hazard Analysis Critical Control Points (HAeCP); Guidelines. - The Depar-tment, thnHlgh BFAll, shall coor-dinate with LGUs in the implementation of these standards in licensing and registration of fish processing plants, ice plants and cold storages, fish ports/landings and other fishery business establishments. ~)'I~C. 61. Importation and Exportation (~fFishery Products. a, Export offishery products shall be regulated whenever such exportation affects domestic food security and production: Provided. that exportation oflive fish shall be prohibited except those which are hatched or propagated in accredited hatcheries andponds. b. To protect and maintain the local biodiversity or ensure the sufficiency (if domestic supply, spawners, breeders, eggs andfry l!( bangus, prall'n and other endemic ,..pedes, as may be determined by the Department, shall not be exported or caused to be exported by any person; 36 c. Fishery products may be imported only when the importation has been certified as necessary by the Department. in consultation with the FAUMe. and all the requirements (if this Code, as well as all existing rules and regulations have been complied with: Provided, 171Qt fish imports for canning/processing purposes O/l~Y 111(~JJ be allowed without the necessary certification. but within the provisions (if Section 61 (d) (if this Code .. and d No person. shall import and/or export fishery products (if whatever size, stage or form for any fJ1I1]Jose without securing a permit from the Department. The Department in consultation with the FAR!vIC shall promulgate rules and regulations on importation and exportation (if fish and fishery/aquatic resources with the Government's export/import simplification procedures. The Department, through BFAR, shall: Rule 61.1 Rule 61.2 Regulations on Impormtion and Exporfation.« Issue within three (3) months from the effectivity of this IRR, the appropriate FAO on the guidelines on exportation and importation of fish and fishery products; Regulations on Exportation of Spawners, Breeders, Eggs and Fry.- Issue . within three (3) months from the effectivity of this IRR, the appropriate FAO on the exportation of certain spawners, breeders, eggs, fry of bangus, prawn and other endemic species. SEC. 62. Instruments (?f Weights and Measures, and Quality Grades/Standards. Standards for weights. volume and other measurements for allfishery transactions shall be set by the Department. All fish andfishery products for export. import and domestic consumption shall meet the quality grades/standards as determined by the Department. The LGU concerned shall. by appropriate ordinance, penalize fraudulent practices and unlawful possession or use ofinstrument of weights and measures. Rule 62.1 Standards. - The Department, through BFAR, in coordination with other' concerned agencies, shall establish, within two (2) years from the implementation of this IRR, quality grades and standards for fishery products in consonance with international standards. CHAPTER III RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RE.\YJURCES AND CREATION OF FISIIERJES AND AQUATIC RESOURCES lYlANAGEJHENT COUNCILS 37 A/UJCL1~ f RECONSTITUTION OF THE BUREAU OFl·]SHERIES AND AQUATIC RESOURCES :)'EC, 63. Creation (if the Position of Undersecretary for Fisheries and Aquatic Resources. - There is hereby created in the Department of Agriculture the position (?f Undersecretary fin- Fisheries and Aquatic Resources, solelyfor the pllljJose (if attending to the need'! (if the fishing industry, to he appointed by the President. Such Undersecretary shall have the following functions : a. set policies and formulate standards for the effective. efficient and economical operations ofthe fishing industry in accordance with the programs of the government; b. exercise overall supervision over all functions and activities of all offices and instrumentalities and other offices related to fisheries including its officers; c. establish, with the assistance of the director, such regional, provincial and other fishery officers as may be necessary and appropriate and organize the internal structure of BFAR in such manner as is necessary for the efficient and effective attainment of its objectives and purposes; and d. perform such otherfunctions as maybe necessary or proper to attain the objectives (if this Code. Rule 63.1 Undersecretary for' Fisheries and Aquatic Resources.- The position of the Undersecretary for Fishertes and Aquatic Resources in the Department is hereby created solely for the purpose of attendiug to the needs of the fishing industry. SEC. 64. Reconstitution (if the BFA/? - The Bureau (if Fisheries and Aquatic Resources (BEAR) is hereby reconstituted as a line bureau under the Department ofAgriculture. Rule 64.1 Reconstitution of the Bureau>The BFAR is hereby reconstituted as a line bureau under the Department. Its organizational structure shall consist of a head office, regional fisheries offices, provincial fisheries offices and where and when necessary municipal fisheries offices. SI~C. 65. Functions (?( the Bureau (?fFisheries and Aquatic Resources. - As a line bureau, the BFAR shall have thefollowingfunctions; a. prepare Development Plan; and implement a Comprehensive National Fisheries Industry b. issue licenses for the operation ofcommercialfishing vessels; 38 c. fishing; issue identification cards free of charge to fish workers engaged in commercial d. monitor and review joint fishing agreements between Filipino citizens and toreigners who conduct fishing activities in international waters, and ensure that such agreements are not contrary to Philippine commitment under international treaties and convention on fishing in the high seas; e. formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not limited to, sea farming, sea ranching, tropical/ornamentalfish and seaweed culture, aimed at increasing resource productivity, improving resource use efficiency, and ensuring the long-term sustainability (if the country 's fishery and aquatic resources; f establish and maintain a Comprehensive Fishery Information System; g. provide extensive development support services in all aspect of fisheries production, processing and marketing; h. provide advisory services and technical assistance on the improvement ofquality (iffish from the time it is caught (i.e. on boardfishing vessel, at landing areas, fish markets, to the processing plants and to the distribution and marketing chain); i. coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGU~, FARA1Cs, fishery and organizations/cooperatives; j. advise and coordinate with LGlfs on the maintenance (if propel' sanitation and hygienic practices in fish markets andfish landing areas; k. establish a COlPS (?f specialists in collaboration with the Department of National Defense, Department (if Interior and Local Government, Department (?f Foreign Affairs for the efficient monitoring, control and surveillance of fishing activities within Philippine territorial waters and provide the necessary facilities. equipment and training therefor; I. implement an inspection system for import and export of fishery/aquatic products and fish processing establishments consistent with international standard.. to ensure product quality and safety; m. coordinate productivity enhancing women to engage in development efforts; with l.GlIs and other concerned agencies for the establishment (if and market development program in fishing communities to enable other fisheries/economics activities and contribute significantly to 11. enforce all laws, formulate and enforce all rules and regulations governing the conservation and management offishery resources, excepl in municipal waters, and 10 settle conflicts of resource use and allocation in consultation with the NI'ARJvfC, LGUs and local FARMCs; 39 o. develop value-addedfishery-productsfor domestic consumption and export; p. recommend measures for the protection/enhancement of the fishery industries; q. assist the l.Gl Is in developing their technical capability ill the development, management, regulation, conservation and protection ofthe fishery resources; r. formulate rilles and regulations for the conservation and management (!( straddling fish stocks and highly migratoryfish stocks; and s. perform such other related functions which shall promote the development, conservation, management, protection and utilization (!ffisheries and aquatic resources. SEC. 66. Composition (?f HI-AU. - As a line bureau, the HI-AI< shall be headed by a Director and assisted by two (2) Assistant Directors who shall supervise the administrative and technical services of the bureau respectively. It shall establish regional, provincial and municipal offices as may be appropriate and necessary to carry out effectively and efficiently the provisions ofthis Code. Rule 66.1 Rule 66.2 Rule 66.3 Composition of BFAR. - The BFAR, in consultation/coordination with other agencies and private sectors, within three (3) 'months from the effectivity of this IRR, shall establish the appropriate organizational structure to car'ry out its functions as mandated in this Code, and to provide services including but not limited to investment flunncing, information, regulation, fisher-ies managcnH.'nl, fish pr'oducfiou, post harvest and nUlI"ket development, tntining and extension, policy and planning,-· international relations; Organizational Structure. - The BFAR shall be headed by a> Director and assisted by an Assistant Director for' Administrative Services and an Assistant Director for Technical Services. BFA R shall have the following divisions: Legal Division, Adminisf rntive Division, Finance Division, Fisheries Resources Management Division, Fisheries Policy and Economics Division, Fisheries Resource Evnluntiun and Envir-onment Services Division, Fisheries Regulatory and Quarantine Division, Fishing Technology Division, Fisheries Post Harvest Technology Division, Inland Fisheries and Aquaculture Division and Fisher'ies Industry Development Support Division. The BFA R shall also, have flsherles technology centers, such as but not limited to: National Brnckishwater Fisheries Technology Center, National Freshwater Flsheries Technology Center, National Inland Fisheries Technology Center, National Marine Fisheries Development Center, National Integrated Fisheries Technology and Development Center, National Seaweeds Technology and Development Center, Fisheries Biological Center and Mindanao Freshwater Fisheries Technology Center. Regional Fishel"ies Office. - HFA It shall' establish Regional Ftshertes Office 40 Rule 66.4 Rule 66.5 Rule 66,6 Rule 66.7 (RFO) in each administrative region which shall be headed hy a Fisheries Regional Director and an Assistant Fishcrics Regional Director, The RFO shall have functions such as but not limited to extension and training, regulations and monitoring, control and surveillance; Provincial and Murricip.al Fisheries Office, - DFAR shall establish provincial offices and municipal offices, as may he appropriate and necessary; Transfer of Assets. - The DA Secretary shall issue an Administrative Order specifying those assets, resources and personnel which shall form the interim Regional Fisheries Offices to take effect not later than July t, 1998; Assistant Regional Director. - The Assistant Regional Director fOI' Fisheries holding the position of Dis-ector III shall automatically he appointed as the Regional Fisheries Office Director: Regional Fishermen Training Center. - The OA Secretary shall transfer to DFAR all Regional Fishermen Training Center. SEC. 67. Fisheries Inspection and Quarantine Service. - For purposes (!!monitoring and regulating the importation and exportation offish andfishery/aquatic resources, the Fisheries Inspection and Quarantine Service in the IN'AU is hereby strengthened and shall have the following functions: a. conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out (!! the COlli Illy hy air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or diseases shall he confiscated and disposed ofill accordance with environmental standards and practices; h. implement international agreements/commitments on bio-safety ami bio-diversity as well as prevent the movement or trade (if endemic fishery and aquatic resources to ensure that the same are not taken out ofthe COlIl1t1y; c. quarantine such aquatic animals and other fishery products determined or suspect to be with fishery pests and diseases and prevent the 11100'el11ent or trade from and/or into the country (if these products so prohibited or regulated under existing laws, rules and regulations as well as international agreements (if which the Philippines is a State Party; d. examine all fish andfishery products coming into or going out of the country which may be a source or medium (~( fish pests or diseases and/or regulated by existing fishery regulations and ensure that the quality offish import and export meet international standard'); and e. document and authorized the movement or trade offish and fishery products when foundfree (?ffish pest or diseases and collect necessaryfees prescribed by law and regulations. The Department, thr-ough BFAn, in c()onlination with concerned agencies and private 41 sector, shall: Rule 67.1 I{ule 67.2 Rule 67.3 Rule 67.4 Rule 67.5 Rule 67.6 Safety and Quality Stnndnrds. - Establish and enforce safety and quality standards on aquatic organisms and fishery products for domestic consumption and international trade, consistent with the international trade agreements such as but not limited to: Wor]d Trade Organization-General Agreement on Tariff and Trade (\VTO-GA1''1'), Sanitary and Phyto-Sanitary (SPS) measures, World Health Organization (WHO) and Food and Agriculture O.·ganization (FAO) Codex Alimentarius Commission; Laboratories. - Establish flsheries laboratories for surveillance, inspection and fish disease diagnosis during handling, transport, manufacturing and storage including but not limited to processing facilities, fish port and landing areas and markets; Fish Inspection. - Establish and implement a HACCP-based fish inspection to include export and import ccrtification systcm in accordance with established international standards and requirement; Laboratory Fees. - Issue, within three (3) months from the effectivity of this IRR, the appropriate FAO on the collection of charges and fees for laboratory examination of fish and fishery products; Transport and Movcment of Living Aquatic Organisms. - Formulate and implement guidelines for thc trnnsport and movcmcnt of living aquatic organisms consistent with the National Aquatic Animal Health Code and international agreements with Office International des Epizootics (OlE), International Council for Explorntion of the Sea (ICES) and European Inland Ftsheries Advisory Commission (EI FAC); Quarantine and Inspection. - Establish a Quarantine and Inspection Unit in intcrnational and domestic airports and seaports to implement fishery laws, rules and regulations on thc transport, movement and trade of fish and fishery products. ARllCIEfl nil'; FI.\'HLRIES ANI) AQUAJlC U/'.;S()UUCLS IvIANAG/-Jl.4ENJ' COUNCILS (FAIUvl('.\) SEC. 68. Development of Fisheries and Aquatic Resources in Municipal Waters and flays. - Fisherfolk and their organizations residing within the geographical jurisdiction of the barangays, municipalities or cities with the concerned Lells shall develop the fishery/aquatic resources in municipal waters and bays. SI!.:C. 69. Creation ofFisheries and Aquatic Resources Management Councils (l'ARMC~). 42 FARMCs shall be established in the national level and in all municipalities/cities abutting municipal waters as defined by this code. The l'ARA4Cs shall be formed by fisherfolk organizations/cooperatives and NGOs in the locality and he assisted by the LGUs and other government entities. Before organizing PARA/Cs, the I.GUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and orientation on the formation ofPARMCs. Rule 69.1 Creation of FARMCs. - The Secretary shall create within three (3) months from the effectivity of this IRU.• an Inter-Sectoral Committee to formulate the organizational guidelines on the formation of FARMCs. SEC. 70. Creation and Composition of the National Fisheries and Aquatic Resources Management Council (NFARMC). - There is hereby created a National Fisheries and Aquatic Resources management Council hereinafter referred to as NI'ARMC as a advisory/recommendatory body to the Department. The NFAR!vfC shall be composed of fifteen (J 5) members consisting of: a. the Undersecretary (!(Agriculture, as Chairman; b. the Undersecretary (if the Interior and Local Government; c. five (5) members representing thefisherfolk andfishworkers; d. five (5) members representing conmtercial fishing and aquaculture operators and the processing sectors; e. two (2) membersfrom the academe; and f one (1) representative (ifNGOs involved in fisheries. 'jill' members (!( the NFARA·fC, except for the Undersecretary of Agriculture and the Undersecretary of the Interior and Local Government, shall be appointed by the President upon the nomination (if their respective organizations. Rule 70.1 Interim NFARMC. - The Secretary shall issue an Administrative Order, within three (3) months from the effectivity of this IRI{. designating interim members of the NFARMC which shall prepare and complete the guidelines for the formation of the NFARMC. SEC. 7J. Terms (if Office. - 17w members (!( NFARMC, except the Undersecretary of Agriculture and the Undersecretary (if the Interior and Local Government, shall serve for a term ofthree (3) years 'without reappointment. •\'EC. 72. Functions ofthe NF.ARA/C - The NI-AHA/C' shall be thefollowingfunctions: a. assist in the formulation (?( national policies for the protection, sustainable development and management offishery and aquatic resources for the approval ofthe Secretary; 43 b. assist the Department in the preparation of the National Fisheries and Industry Development Plan; ami c. perform such otherfunctions as mav be provided /~l' law. ,)'EC. 73. 17Je Municipal/City Fisheries and Aquatic Resources Management Councils (M/CFARMC\). - The MlCFARJvfCs shall be created in each of the municipalities and cities abutting municipal waters. However, the rcu may create the Barangay Fisheries and Aquatic Resources Management Councils (lJFARAf( 's) and the Lakewide Fisheries and Aquatic Resources Management Councils (LFARAfC'.\) whenever necessary. Such IJFARAICs and IJFARMCs shall serve in all advisory capacity to the LC; lis. SI'.'C. N. Functions ofthe A4/CI-ARAfCs. - The AflCFARA4Cs shall exercise the following functions: a. assist in the preparation (if the Municipal Fishery Development Plan and submit such plan to the Municipal Development Council; b. recommend the enactment of municipalfishery ordinances to the sangguniang bayan/sanggnniang panluugsod through its Committee on Fisheries; c. assist in the enforcement of fishery laws. rules and regulations in municipal waters; d. advise the sangguniang bayan/paniungsod on fishery matters through it its Committee OIl Fisheries, ifsuch has been organized; and e. perform such other junctions which may be assigned by the sangguniang bayan/panlungsod. Sl,-'C. 75. Composition of the A"/( 'I-ARAI( '. - The regular member (if the MlCJ;ARlv!Cs shall be composed of : a. Municipal/City Planning Development Officer; b. c. Chairperson, Agriculture/Fishery Committee (if the lJaya11//JallI1111g.W)d representative (if the Municipal/City Development Councils; Sangguniang d. representative front the accredited 1I011-WJl'Crnment organization; e. representative from the private sector; f representative from the Department (!l Agriculture; and 44 g. at least eleven/Ii) fisherfolk representatives (seven (7) municipal fisherfolk, one (I) fishworker and three (3) commercial fishers) in each municipality/city which include representative from youth and women sector. 17lC Council shall adopt rules and regulations necessary to govern its proceedings and election. SEC. 76. 171e integrated Fisheries and Aquatic Resources Management Councils (IFARMCs). - 771e IFARA1Cs shall be created ill bays. gulfs , lakes, and rivers and dams bounded by two (2) or more municipalities/cities. ,.\'EC. 77, Functions ofthe IFARl\4Cs. - '1I,e IFARMC shall have the folio wing functions: a. assist in the preparation of the Integrated Fishery Development Plan and submit such plan to the concerned Municipal Development Councils; b. recommend the enactment of integrated -fishery ordinances to the concerned sangguniang bayan/panlungsod through its Committee (!!Fisheries, ifsuch has been organized; c. ' assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters; d. advice the concerned sangguniallg bayan/pantungsod onfishery mailers through its Committee on Fisheries, if such has been organized; and e. perform such other functions which may be assigned by the concerned sangguniang bayan/panlungsod. SEC. 78. Composition ofthe IFARA4Cs. - The regular members of the l1'ARMCs shall be composed of the following: a. the chairperson (if the Committee on Agriculture/Fisheries (if the concerned sangguniang bayan/panlungsod; b. the Municipal/Clty Fisheries Officers ofthe concerned municipalities/cities: c. the Municipal/City Development Officers of the concerned municipalities/cities; d. one (I) representative from N(j(); e. one (1) representative from private sector; and f at least nine (9) representatives from the fisherfolk sector which include representativesfrom the youth and women sector. 45 The Council shall adopt rules and regulations necessary to govern its proceedings and election SEC. 79. Source ofFunds ofthe I·AIUlf< 's. - A separatefutulfor the NFAR!l4C, IFARA1Cs and M/CJ;ARMCs shall be established and administered hy the Department front the regular annual budgetary appropriations. C11APTEllIV FLWIERIES RESERVES, REFUGE AND SANCTUARIES SEC. 80. Fishing Areas Reserves for Exclusive Use (if Government. - The Department may designate area or areas in Philippine waters beyondfifteen (15) kilometers from shoreline as fishery reservation for the exclusive use of the government or any of its political subdivisions, agencies or instrumentalities, for propagation, educational, research and scientific purposes: Provided, That in municipalities or cities, the concerned l.Glls in consultation with the FARMes may recommend to the Department that portion (!( the municipal waters be declared as fishery reserves for special or limited use, for educational, research, and/or special management purposes. The FARMCs may recommend to the Department portions (if the municipal waters which can be declared as fisheries reserves for special or limited use for educational, research and special management pwposes. Rule 80.1 Regulations. - The Department , through DFAH., shall issue the appropriate FAO, through a participatory process with other agencies concerned, designating fishery reservations for the exclusive use of the government or any of its political subdivisions, agencies 01' instrumentalities, for propagation, educational, research and scientific purposes, SI'X~, 81. Fish Refuge 011£1 Sanctuaries. - The Department may establish fish re/uge and sanctuaries to be administered in the manner to be prescribed by the BFAR at least twenty-five percent (25%) but 110t more than forty percent (10%) of bays foreshore lands', continental shelf or any fishing ground shall be set aside for the cultivation ofmangroves to strengthen the habitat and the spawning grounds (!(fish. Within these areas no commercial fishing shall be allowed. All marine fishery reserves, fish sanctuaries and mangrove swamp reservations already declared or proclaimed by the President or legislated by the Congress (?( the Philippines shall be continuously administered and supervised by the concerned agency: Provided, however, That in municipal waters, the concerned LG( / in consultation with the J;ARMCs may establish fishery refuge and sanctuaries: 17,e FARA4Cs may also recommend fishery refuge and sanctuaries: Provided further, 171£1t at least fifteen percent (15%) where applicable (if the total coastal areas in each municipality shall be identified, based 011 the best available scientific data and in consultation with the Department, and automatically designated asfi....'h sanctuaries hy the LGUs in consultation with the concerned j;ARAlCs Rule8!.1 Regulations. - The Department, through DFAR, shall within six (6) months from the effectivity of this IIU~, call for a participatory process to formulate the policy on (lr'ohibitions of fisheries activities including 46 iudustr-ial and economic activities in areas declared as fish refuge and sanctuaries and shall issue the appropriate F AO. L1/AI'TER V FISHERIES RESEARCH AND DEVELOPMENT 5, TEC. 82. Creation ofa National Fisheries Research and Development Institute (NFIWJ) In recognition of the important role offisheries research in the development, management, conservation and protection of the country 's fisheries ami aquatic resources, there is hereby created a National Fisheries Research and Development Institute (NFRDI). The Institute shall form part (!f the National Research and Development Network (if the Department ofScience and Technology (DO.\'1). The Institute, which shall be attached to the Department, shall serve as the primary research arm (if the lJFAR. The overall governance of the Institute shall be vested in the Governing Board which shall formulate policy guidelines for its operation The plans, programs and operational btu/get shall be passed by the Hoard The Hoard may create such committees as it may deem necessary for the proper and effective performance (~f its functions. 77,e composition (if the Governing Board shall be asfollows: a. Undersecretary for Fisheries - Chairman b. BFAR Director - Vice Chairman c. NI'RDI Executive Director - Member d PCANfRD Executive Director - Member e. Representative from the academe - Member j. jour (I) representatives from the private sector who shall come from the following subsectors: - Members • Municipal Fisherfolk • Commercial Fishing Operator • Aquaculture Operator • Post Harvest/Processor 47 The NF1UJI shall have a separate budget specific to its manpower requirements and operations to ensure the independent and objective implementation of its research activities. Rule 82.1 Organizational Structure. - The Secretary shall designate, within one (1) month from the effectivity of this lRR, an interim Undersecretary for Fishertes, Executive Dirccror' of NI"IU>I ami members of the Govcrning Board to formulate the orgauizntional structure ruul policies and guidelines fOI' the operation of NI'"RDI. ,"lEe. 83, Qualification ,";1£111£10,.<1 - 77w Institute shall be headed by an Executive Director to be appointed by the President of the Philippines upon the recommendation of the governing board The Executive Director shall hold a Doc/orale degree in fisheries and or/other related disciplines, The organizational structnre and staffing pattern shall be approved by the Department: Provided. however, That the staffing pattern and remunerations for scientific am/ technical staff shall be based on the qualification standards for science and technology personnel. S/'X '. 84. Research and /)C\'e!UPIl1Cill Objectives - Nes('ul'c1ws to be dune by the NFI?DI are expected to result in thefollowing: a. 7'0 raise the income ofthe fishcrfolk ami to elevate the Philippines among the top five (5) in the wurld ranking in the fish productions; b. to make the country 's fishing industry in the high Seas competitive; c. to conduct social research onfisherfolk families j(JI" a better understanding of their conditions and need'); and d. to coordinate with the fisheries schools, LGUs and private sectors regarding the maximum utilization of available tcclutologv, including the transfer (!f such technology to the industry particularly the fisherfolk. ,,S'li,C. 85, Functions of' the Nj'RJ)j .- As a national institute, the Nl·1UJ! shall have the following functions: a. establish a national infrastructure unit complete with technologically-advanced features and modern scientific equipment, which shallfacilitate, monitor, and implement various research needs and activities ofthe fisherie ...· sector; b. provide a venue for intensive training and development of human resources in the field offisheries, a repository ofallfisheries researches ami scientific information; c. provide intensive training ami development (~l human resources in the field of fisheries for the maximum utilization ofavailable technology; d. hasten the realization ofthe economic potential of the fisheries sector by maximizing 48 developmental research efforts ill accordance with the requirements of the national fisheries conservation and development programs, also possibly through collaborative effort with international institutions: and e. formally establish, strengthen and expand the network (if fisheries-researching communities through effective communication linkages nationwide. L11AI'11lR VI PR011IIJITION,\' AND PENALTIES ,SLC. 86. Unauthorized Fishing or L'ngagillg in other Unauthorized Fisheries Activities. No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fly or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit. Discovery ofany person in lilt area where he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in unauthorizedfishing: Provided, That fishing for daily food sustenance or for leisure which is 110t for commercial, occupation or livelihood jJ/I1]Joses may he allowed It shall be unlawful for any commercialfishing vessel 10 fish in bays and in such other fishery management areas which 11/(~1' herein after be declared as over-exploited. Any commercial fishing boat captain or the three (3) highest officers (if the boat who commit any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the value ofcatch or Ten thousand pesos (1' I0,O()(U)O) whichever is higher, and imprisonment ofsix (6) months, confiscation ofcatch and.fishing gears, and automatic revocation oflicense. It shall be unlawful fin' any person not listed in the registry (if municipal fisherfolk to engage in any commercial fishing activity ill municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of cold, and a fine of Five hundred pesos (P500. (0). Rule 86.1 Leisure or Game Fishing. - The Department, through BFAR in coordination with Departmeut of Tourism (DOT) and other concerned agencies, shall issue, within one (I) year fnllll effectivity of this lI~n, the npproprtate FAO for leisure 0.· game fishing; SEC. 87. Poaching in Philippine Waters> It shall be unlawful for allY foreign person, corporation or entity to fish or operate any fishing vessel ill Philip-pine waters. The entry ofanyforeignfishing vessel in Philippine waters shall constitute a primafacie evidence that the vessel is engaged iufishing ill Philippine waters. 49 Violation (!! the above shall be punished by a fine of One hundred thousand u.s. Dollars (US$100, 000. 00), in addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, 17Ult the Department is empowered to impose 011 administrative fine ofnot less than Fifty thousand U.L\" Dollars (US$50,OOO.()()) but not more than Two hundred thousand u.s. Dollars (US$200, 000.(0) or its equivalent ill tlu: Philippine Currency. The Department, through BFAR, shall: Rule 87.1 Regulation. - Coordinate with CABCOM-MOA Technical Working Group and other law enforcement agencies and issue the appropriate FAO, within six (6) months from the effectivity of this IRR, on poaching in Philippine waters: Rule 87.2 Reports.- Coordinate with DOTC to require officers of inter-island vessels, skippers and officers of commercial fishing vessels to report sightings of foreign vessels. SI ...·C. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. (I) II shall be unlawfulfor any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render nnconscious fish or fishery species: Provided, 7710t the Department, subject to such safeguards and conditions deemed necessary and endorsement from the concerned LCUs, may allow, for research, educational or scientific purposes only, the lise of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact ill neighboring waters and grounds shall not be construed as illegalfishing. It will likewise be unlawfulfor any person, corporation or entity to possess, deal ill, sell or ill any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered lite discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electro fishing ill any fishing vessel or in the possession (if any fisherfolk, operator, fishing boat official or fishworker shall constitute a prima facie evidence, that the same was used for fishing ill violation (if this Code. The discovery ill anyfishing vessel (!ffish caught or killed with the lise (!f explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence thatthefisherfolk, operator, boat official orfishworker isfishing with the lise thereof 50 (2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall he punishable by imprisonment ranging from six (6) months to two (2) years. (3) Actual lise of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice (0 thefiling ofseparate criminal cases when the lise (?((he same result to physical injury or loss ofhuman life. (4) Dealing in, selling, or in any manner disposing oj, for profit, illegally caught/gatheredfisheries species shall be punished by imprisonment rangingfrom six (6) months to two (2) years. (5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices, CIS well a... the fishing '·esstel.s, fishing equipment and catch shall he forfeited: Rule 88.1 Regulation on Confiscated Catch, Fishing Vessels, Gears and Paraphernalia. The Department, through BFAR, shall issue, within one (1) year from the 'effectivity of this IRR, the appropriate FAO on the disposition of confiscated catch and impoundment of fishing vessels, equipment and other fishing paraphernalia. SEC. 89. Use ofFine Mesh Net. - 1t shall be unlawful to engage in fishing using nets with mesh smaller than that with which may be fixed by the Department: Provided, That the prohibition on the use offine mesh net shall not apply to the gathering offly, glass eels, elvers, tabios, and 01among and such species which by their nature are small hut already mature to be identified in the implementing rules and regulations by the Department. Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,OOO.OO) to Twenty thousand pesos (P20, 000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion ofthe court: Provided, That if the offense is committed by a commercial fishing ves.sel, the boat captain and the master fisherman shall also be subject to the penalties herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this provision shall he subjected to the same penalties provided herein.' Provided, finally, 171at the Department is hereby empowered to impose UpOIl the offender an administrative fine and/or cancel his permit or license or both. The Department, through BFAR, shall: Rule 89.1 Regulation of Mesh Sizes.- Issue the appropriate FAO, within one (1) year from the effectivity of this IRR on the allowable mesh size for different gears which may serve as guidelines for LGUs in the implementation of this prohibition in municipal waters; 51 Rule 89.2 Determiuatiou of .luvcnile Fishcs.- Issuc the appropriate FAO on fishes considered in juvenile stage anti penalizing possession, thereof. SEC. 90. Use of Active Gear in the Municipal Waters and Hays and Other Fishery Management Areas. - It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Violators ofthe above prohibitions shall suffer thefollowing penalties: (1) The boat captain and master fisherman (if the vessels who participated in the violation shall suffer the penalty ofimprisonmentfrom two (2) years to six (6) years; (2) The owner/operator of the vessel shall hefinedfrom Two thousand pesos (P2, 000. 00) to Twenty thousand pesos (P 20,000.00) upon the discretion (?( the court. if the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer (?f the Corporation. If the owner/operator is a partnership the penalty shall be imposed on the managing partner. (3) The catch shall be confiscated andforfeited. Rule 90.1 Regulntiou.« The Deparfment, through nFAI~, shall issue, within one (1) year from the effectivity of this IIUt, the approprtate FAO to implement this Section• ...\'t:C. 91. Han on Coral Exploitation and Exportation. - Jt shall he unlawful for l11~V person or corporation to gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or ill processedform, except/or scientific or research PU'1JOses. Violations ofthisprovision shall be punished hy imprisonmentfrom six (6) months to two (2) years and a fine from 7'11'0 thousand pesos (P2,OOO.OO) to Twenty thousand pesos (P20,000.00), or both such fine and imprisonment, at the discretion of the court, andforfeiture (?f the subject corals, including the vessel and its proper disposition. The confiscated corals shall either be returned 10 the sea or donated 10 schools and museums for educational or scientific purposes or disposed through other means. Rule 91.1 Regulation.- The Department, through IlFAR, shall issue, within one (I) year from effectivity of thc IRR, thc appropriate FAO to implement this Scction; s/~C. 92. Ban 011 A4/1ro-Al1Ii, Other A Iethods and Gear Destructive to Coral Reefs and Other Marine Habitat. - It shall be unlawful for allY persoll, natura/ or juridical, 10 fish with 52 gear method that destroys coral reefs.., seagrass beds, and otherfishery marine life habitat as may be determined by the Department. "Muro-Aml" and any of its variation, and such similar gear and method:..that require diving, other physical or mechanical acts 10 pound the coral reefs and other habitat to entrap, gather or catch fish and otherfishery species are also prohibited The operator, boat captain, master fisherman, and recruiter or organizer offish workers who violate this provislon shall suffer a penally oftwo (2) years to tell (10) years imprisonment and a fine ofnot less than One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,OOO.00) or both such fine and imprisonment, at the discretion of the court. The catch andgear used shall be confiscated. It shall likewise be unlawfulfor any perSOil or corporation to gather, sell or export white sand, silica, pebbles and any other substances which make up any marine habitat. The person or corporation who violales this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment and a fine of not less than One hundred thousand pesos (PJOO,OOO.OO) to Five hundred thousand pesos (P500,OOO.00) or both such fine and imprisonment, at the discretion of the court. The substance taken from its marine habitat shall be confiscated Rule 92.1 Rule 92.2 Rule 92.3 Regulations. - The Department, through BFAR, shall issue within one (1) year from effectivity of this nut, the appropriate FAO to implement this Section; Regulation byLGUs.- The LGUs, shall enact the appropriate Municipal Fisheries Ordinance prohibiting destructive fishing gears and its variations in accordance with national policies; Regulation.- The LGUs, in consultatton with the Bureau of Mines and Geo Sciences shall issue the appropriate Municipal Fisheries Ordinance prohibiting the gathering, selling, mining, exporting of white sand which include coralline and coral sand, silica, and pebbles. SEC. 93. Illegal Use ofSuperlights. - It shall he unlawful to engage in fishing with the use ofsuperlights in municipal waters or ill violation ofthe rules and regulations which may be promulgated by the Department 011 the use ofsuperlights outside municipal waters. Violations ofthis provision shall be punished by tmprisonment from six (6) months to two (2) years or a fine of Five thousand pesos (P5,OOO.00) per superlight, or both such fine and imprisonment at the discretion of the courts. 17,e superlight, fishing gears and vessel shall be confiscated SEC. 94. Conversion of Mangroves. - It shall be unlawful for any person to convert mangroves into fishponds or/or any other P"'1JOses. Violation of the provision of this section shall be punished by imprisonment of six (6) 53 years and one (I) day to twelve (12) years and/or a fine ofEighty thousand pesos (P80, 000. 00): Provided, ]11(1t if the area requires rehabilitation or restoration as determined by the court, the offender should also be required to restore or compensate for the restoration ofthe damage. SEC. 95. Fishing in Overfished Area and During Closed Season. - Jt shall be unlawful to fish ill overfished area and during closed season. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years and/or fine of <)'jx thousand pesos (Po, 000. 00) and by forfeiture ofthe catch and cancellation offishing permit or license. Sf-C. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to fish in fishery areas declared by the Department asfishery reserves, refuge and sanctuaries. Violation of the provision of this section shall be punished by imprisonment of two (2) years to six (6) years and/or fine (?{Two thousand pesos (P2,DOO, 00) to Twenty thousand pesos (P20, 000. 00) and byforfeiture ofthe catch and the cancellation offishing permit or license. SEC. 97. Fishing or Taking of Rare, Threatened or Endangered Species. - It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CI11;;S and as determined by tile Department, Violation (!f the provision ofthis section shall be punished by imprisonment (!{ twelve (12) years to twenty (20) years and/or a fine (!{ One hundred ami twenty thousand pesos (P 120,000.00) andforfeiture ofthe catch, and the cancellation offishing permit. SEC. 98. Capture ofSabato and Other Breeders/Spawners. - It shall be unlawfulfor any person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or spawners (if other fishery species as may he determined hy the Department: Provided, That catching (?l "sabalo" and other breeders/spawnersfor local breeding purposes or scientific or research purposes may he allowed subject to guidelines to be promulgated by the Department. Violation (!f the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to eight (8) years and/or a fine of Eigh~}' thousand pesos (P80,OOO.OO) andforfeiture (if the catch, amifishing equipment used and revocation oflicense. The Department, through 8FAR, shall: Rule 98.1 Regulation.- Issue, within one (1) year upon effectivity of this IRR, the appropriate FAO on the list of breeders or spawners of important fishery species to be included in this ban and when necessary, declare a closed season on iruportnnt fishertes :lI'C3S where these spawners are found during known spawning time. 54 SEC 99. Exportation of Breeders, ..Spawners, Eggs or Fry. - Exportation of breeders. spawners, eggs or fly as prohibited ill this Code shall he punished by imprisonment of eight (8) years, confiscation of the same or a fine equivalent to double the value (~! the same, and revocation (if the fishing and/or export license/permit. SEC. 100. Importation or Exportation (~! Fish or Fishery Species. - AllY importation or exportation (iffish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos (P80, 000. ()O) and destruction ofIive fishery species orforfeiture ofnon-livedfishery species in favor (if the department for its proper disposition: Provided, 7710t violator of this provision shall be banned from being members or stock holders (if companies currently engaged ill fisheries or companies to be created in the future, the guidelinesfor which shall he promulgated by the Department. SEC 101. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in violation (if catch ceilings as determined by the Department. Violation of the provision (if this section shall be punished by imprisonment of six (6) months and one (J) day to six (6) years and/or a fine (~( Flfty thousand pesos (P50, ()()(U)()) and forfeiture of the catch, and fishing equipment used and revocation (if license. SEC. 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful. Violation (if the provision (if this section shall be punished by imprisonment (if six (6) years and one (1) day 10 twelve (12) years and/or a fine (~( /';i~ht.Y 1IIOIIswI£I pesos (1'80, ()()(). (0) plus all additionalfine of ls'ight thousand pesos (/'8,000.00) per day until such violation ceases and the fines paid SEC 103. Other Violations. - The following fisheries activities shall also be considered as a violation ofthis Code: a. Failure to Comply with Minimum S(~(eO' Standards. - Hie owner and captain of a commercialfishing vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof (if compliance with the safety standards provided ill this Code, shall be immediately preventedfrom continuing with his fishing activity and escorted to the nearest port or landing point. 17Ie license to operate the commercialfishing vessel shall be suspended until the safety standard has been complied with b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. - The Fl.-A (if the holder who fails to render a yearly report shall be immediately canceled: Provided, 771at if the offender be the owner (!( the fishpond. fish pen or fish cage, he shall be subjected to the following penalties: (l) first offense, a fine (!( Five hundred pesos (P500.00) per unreported hectare; (2) subsequent offenses, a fine (if One thousand pesos (P 1,000. ()()) per unreported hectare. c. Gathering and Marketing ofShell Fishes. - II shall he unlawfulfor any person to take, 55 sell, transfer, or have in possession for any 1)lII/w,w any shellfish which is sexually mature or he/ow the minimum size or above the maximum quantities prescribedfor the particular species. d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay> It shall be unlawful for any person who causes obstruction to navigation orflow (if ebb (?f tide. e. Construction and Operation of Fish Corrals/naps, Fish Pens and Fish Cages. - It shall be unlawful to construct and operate fish corrals/traps, fish pens and fish cages without a license/permit. Subject to the provision (if the subparagraph (b) f?f this section, violation of the above enumerated prohibited acts shall subject the offender to a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand pesos (P J0,000.00) or imprisonment from one (I) month and one (1) day to six (6) months, or both such fine and imprisonment, IIpon the discretion of the court: Provided, That the Secretary is hereby empowered to impose upon the offender an administrative fine (if not more than Ten thousand pesos (1'10,000.00) or to cancel his permit or license, or to impose suchfine and to cancel his permit or license, in the discretion (if the Secretary; Provided, further, That the Secretary, or his dilly authorized representative, and law enforcement agents are hereby empowered to impound with the assistance (if the Philippine Coast Guard, PNP Maritime Command: Provided, finally, 17Ult any person who unlawfully obstructs or delays the inspection and/or movement offish and fishery/aquatic products when such inspection and/or movement is authorized under this Code, shall be subject to a fine (if not more than Ten thousand pesos (P 10,000.(0) or imprisonment of not more than two (2) years, or both such fine and imprisonment, upon the discretion ofthe Court, Every penalty imposedfor the commission ofan offense shall cony with it the forfeiture ofthe proceeds ofsuch offense and the instruments or tools with which it was committed Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property (?f a third person not liable [or the offense, but those articles which are not subject oflawful commerce shall he destroyed. SEC. 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. - The owner/operator (?fa commercial fishing vessel employing unlicensed fisherfolk or fishworker shall be fined Five hundred pesos (P500. ()O) each for el'ely 1110nth that the same has been employed and/or One thousand pesos (I' I,DOO. 00) for evel)' month for each unlicensed crew member who has been employed Rule 104.1 Fishworker License. - The validity of the license of the fishworker shall be three (3) years from the date of issuance, thereof. SEC. 105. Obstruction of Defined Migration Paths. - Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, hut not limited to river mouths and estuaries within a distance determined by the concerned FARMCs shall be punished l~y imprisonment of seven (7) years to twelve (12) years or a fine from Fifty thousand pesos (1)50,000.00) to One hundred thousand pesos (PI 00,000, (}O) or both 56 imprisonment and fine at the discretion of the CUIll'/, and cancellation of permit/license, if any, and dismantling (4obstruction shall he at his own expense and confiscation ofsame. SEC. 106. Obstruction to Fishery raw Enforcement Officer. - the boat owner, master or operator or any person acting OIl his behalf(!(anyfishing vessel who evades, obstructs or hinder any fishery law enforcement officer of the Department to perform his duty, shall be fined Ten thousand pesos (P 10,000.00). In addition, the registration, permit and/or license of the vessel including the license ofthe masterfisherman shall he canceled. Rule 106.1 Regulntions, - The Department, through llFAR, shall promulgate the rules to implement this Section consistent with the Revised Penal Code. SEC. 107. Promulgation (?fAdministrative Orders. - For purposes offishery regulation or otherfishery adjustments, the Department in consultation with the I.Gl Is and local FARMCs, shall issue Fishery Administrative Orders or regulations for the conservation, preservation, management and sustainable development offishery and aquatic resources The Department, through BFAR. shall be guided by the following: Rule 107.1 Rule 107.2 Rule 107.3 Rule 107.4 Issuance of New FAOs.- The FAOs issued to implement this Code shall include pertinent provisions of related existing FAOs; Effectivity of Existing FAOs.- Existing FAOs consistent with the provisions of this Code shall remain in force until the same are amended or repealed; Consultation> The NFARMC and concerned FARMCs shall be consulted prior to the issuance of FAO; Effectivity.- All FAOs , unless otherwise herein provided, shall take effect fifteen (15) days after their IHlblication in the Official Gazette andl or in two (2) newspapers of general circulation. LIIAPTER VII. (iENERAI. PROVISIONS SEC. 108. Fisherfolk Settlement Areas. - The Department shall establish and create fisherfolk settlement areas in coordination with concerned agencies {if the government, where certain areas (if the public domain, specifically near the fishing grounds, shall be reservedfor the settlement of the municipal fisherfolk. Nothing in this section shall be construed to vest ownership ofany resettlement area to a municipalfisherfolkfor wh0111 said areas may have been reservedjar or had been actually granted to. Rule 108.1 Fisherfolk Settlement Areas. - The Department, through BFAR in coordination with Department of Agrariau Reform (DAR), DILG and other 57 agencies concerned, shall establish a fisherfolk settlement area that shall be seen in the context of an integrated, holistic and self-reliant community to include alternative source of income. SEC. 109. Municipal Fisheries Grant Fund. - For the development, management and conservation (if the municipal resources, there is hereby created a Fishel)' Grant Fund to finance fishery projects (if the LG Us primarily for the upliftment of the municipal fisherfolk. The amount of One hundred million pesos (PI 00,000,000.00) is hereby appropriated out of the Department's allocation in the General Appropriations Act (GAA) to support the Grant Fund For this p"'pose, the Department may seck financial assistance from any source and may receive any donations therefore. The Department, through BFAR, shall: Rule 109.1 Rule 109.2 Ftsheries Grant Fund. - Secure from the General Appropriations Act and other sources the amount of One Hundred Minion Pesos (PIOO,OOO,OOO.OO) for the creation of a Municipal Fisheries Grant Fund to finance fisheries projects of the LGUs primar'ily for the uptiftment of the municipal fisherfolk; Implementing Guidelines for the Ftsheries Grant Fund. - The Inter-Agency Credit Committee formed under Rule 34.1 shall formulate the guidelines for the implementation of Municipal Fishertes Grant Fund. S/!.;c. 1JO. Fishery Loan and Guarantee Fund - Pursuant to Section 7, Article Xll1 of the Constitution, there is hereby created Fishery Loan and Guarantee Fund with an initial (if One hundred million pesos (P J00,000,000.00). which shall be administered by the Land Bank of the Philippines. The fund shall he made available for lending to qualified borrowers to finance the development ofthe fishery industry under a program to he prescribed by the Department. For the same plllpose, the Department may seek financial assistance from any source and may receive donation therefrom. The Department, through BFAR, shall: Rule 110.1 Rule 110.2 Fishery Loan and Guarantee Fund. Secure from the General Appropriations Act and other sources the initial amount of One Hundred Million pesos (1-100,000,000.00) under the projects/programs jointly prescribed by the Department and Land Bank of the Philippines: Implementing Guidelines. - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines for the Fishery Loan and Guarantee Fund. SEC. 11J. Fishing Vessels Development FUI1d. - There is hereby created a Fishing 58 Vessels Development Fund to enhance the building and/or acquisition (if fishing vessels. This shall be a long-term loan facility that shall be administered by the Development Bank of the Philippines. The amount of Two hundred andfifty million pesos (P250,OOO,OOO,OO) per year for five (5) years is hereby appropriated out (?( the Department's allocation in the GAA to support this Development Fund The Department, through BFAR, shall: Rule 111.1 Fishing Vessels Development Fund.- Secure from the General Appropriations Act and other sources the amount of Two huuds'ed fifty million pesos (P250,OOO,OOO.OO) annually for the next five years to be placed under the administration of the Development Bank of the Philippines (DBP) as the fishing vessels development fund which shall be used as a long term loan facility to enhance the building and/or acquisition of fishing vessels; Rule 111.2 Implementing Guidelines.- The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines for the Fishing Vessel Development Fund. SEC. 112. Special Fisheries Science and Approfishtech Fund. - The Department shall provide subsidy for full technical and financial support to the development (if appropriate technology, both in fishery and ancillary industries, that are ecologically sound, locally source based and labor intensive, based 011 the requirement and needs (?( the FAR/vfCs. An initial amount (if One hundred million pesos (1'100,000,000. ()O) shall be authorizedfor the purpose (if a Special Fisheries Science and Approfishtech Fund, and thereafter shall be included in the GAA. SEC. 113. Aquaculture Investment Fund. - An Aquaculture Investment Fund ill the minimum amount (if Fifty million pesos (1'50,000, OO(). O()) shall be established for soft loans which shall be extended to municipal fisherfolk and their organization who will engage in aquaculture, andfor the development ofunderdeveloped or underutilized inlandfishponds. The Department, through BFAR, shall: Rule 113.1 Rule 113.2 Aquaculture Investment Fund.« Secure from the General Appropriations Act and other sources the minimum amount of Fifty million pesos (P50,OOO,OOO.OO) which shall be established as an aquaculture investment fund to be used as soft loans for municipal fisherfolk and their organization who will engage in aquaculture, and for the development of underdeveloped or underutilized inland fishponds; Implementing Guidelines. - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines OJ) the Aquaculture Investment Fund. 59 SEC. 114. Other Fisheries Financing Facilities. - In addition to fisheries credit guarantee, grant and other similar facilities granted under this Code, qualified Filipino jisherfolk am/fisheries enterprises shall enjoy such other facilities granted them under existing and/or new laws, specially as to rural credit, with preference being given to-fisheries cooperatives. Rule 114.1 Implementing Guidelines. - An Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines on Other Fisheries Financing Facilities. SEC. //5. Professionalization (~[ Fisheries Graduates. - There is hereby created a Fisheries Board of Examiners in the Professional Regulation Commission to upgrade the Fisheries Profession: Provided, however, That those who have passed the Civil ..Service Examination for Fisheries shall automatically be granted eligibility by the Fisheries Board (?[ Examiners: Provided, further, 11lOt they have served the industry in either public or private capacity for not less than jive (5) years: Provided, finally, That the first Board Examination for JJ.s. Fisheries Graduates shall be conducted within one (I) year from the approval ofthis Code. Rnle 115.1 Fisheries Board of Examiners. - The Department, through BFAR, shall coordinate with the Professional Regulation Commission WRC) and Civil Service Commission (CSC) and other approprrate agencies on the Creation of Fishertes Board of Examiners to upgrade the Flsherles Profession; SEC. I J6. Upgrading o] the State Fisheries Schools/Colleges. - The Department, in coordination with the Commission on Higher Education (CHED), Department (![ Education, Culture and Sports (nIX'S). and Tee/mica! Edncation and Skills Development Authority (1ESDA) , shall upgrade State Fisheries Schools/Colleges which provide both formal and 11011 formal education: Provided, however, That the ClIEl) shall incorporate Approfishtech in the curricula of'fisheries schools/colleges. 111(' Department and the CIIl~"l) shalljointlyfonnnlate standard.. to upgrade allfisheries schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall he closed. Rule 116.1 Implementation. - The Department, through BFAIl, shall coordinate with the appropriate agencies to implement this Section. SEC. /17. Inclusion of Fisheries Conservation Subjects in School Curriculum. Fisheries conservation subjects shall he incorporated in the curricula of elementary and secondmy schools both private and public. Rule 117.1 The Department, through HI'AI{, shall coordinate with the Department of Education, Culture and Sports (I>ECS) to implement this Section. 60 SEC. 118. Educational Campaign at all levels. - 111e Department, the CHED, the DECS and the Philippine Information Agency shall launch and pursue a nationwide educational campaign to: a. help realize the policies and implement the provisions (if this Code; h. promote the development, management, conservation and proper use (!( the environment; c. promote the principle ofsustainable development; and d industries. promote the development of truly Filipino-oriented fishing and ancillary Rule 118.1 Rule 118.2 Information Campaign. - The Department, through HFAI{, shall launch and sustain an information campaign on sustainable development, fisheries conservation, management and development; The Department, through Ill'AR, shall conduct directly or through accredited institutions, seminars on fishery laws, guidelines on apprehension of illegal fishing and poaching and trainings on value orientation to the PN, IlCG, PNP, PNP-Madtime Command, law enforcement officers of the LGUs and other government enforcement agencies which under Section 124 are authorized to enforce this Code and other fishery laws, rules and regulations. SEC. 119. Infrastructure ....\'upport - The Department in cooperation with concerned agencies shall: a. prepare ami implement a nationwide plan for the development (if municipal fishing ports and markets; b. prioritize the construction of farm-to-market roads linking the fisheries production sites, coastal landing points and other post-harvest facilities to major market and arterial roads/highways; c. identify community infrastructure facilities such as fish landing points, ice plants and cold storage facilities in consultation with fishery cooperatives/associations and prepare plans and designs for their construction that would he consistent with international environmental standard') and occupational safety in sanitation and environmental impact; d. establish and maintain qllali~1' laboratories in majorfish ports and prescribe the highest standardsfor the operation and maintenance of such post-harvestfacilities; e. arrange and make representations with appropriate funding institutions to finance such facilities for the lise (?( the fishery cooperatives/associations. 61 f develop and strengthen marketing facilities and promote cooperative marketing systems; and g. promote and strengthen localfisheries ship-building and repair industry. Rule 119.1 Municipal Fishing Ports Plan. - The Department, through PFDA, in coordination with llFAR and other government agencies, shall prepare and implement a nationwide plan for the development of municipal fishing ports and other' iufrnstr'ucture facilities; Rule 119.2 Laboratories. - llFAR, in coordination with PFHA, shall establish and maintain quality control laborntortes consistent with international standards on safety and sanitation. 51i:.C. 120. Extension Services. - The Department shall develop cost-effective, practical and efficient extension services on a sustained basis, in addition 10 those provided by state educational institutions, especially to municipal fisherfolk in undeveloped areas, utilizing practicable and indigenous resources and government agencies available, and based upon a system of self-reliance and self-help. Rule 120.1 National Fisheries Extension Program, - The Department, through BFAR, in cooperation with concerned agencies, shall develop and implement within nne (1) year from the effectivity of this IIU~, a National Fisherjes Extension Program to implement this Section. SEC. 121. Protection of Sensitive Technical Information. - The Department shall take such measures as may be necessary in order to protect trade, industrial and policy information ofFilipino fisherfolk, fisheries owners/operators, entrepreneurs, manufacturers and researchers, when disclosure of such information will injure the competitiveness or viability of domestic fisheries. Rule 121.1 Implementing Guidelines. - The Department, through llFAR, shall coordinate with the I>epartment of 'I'rnde and Industry (DTt), HOST and other concerned agencies to implement this Section. SEC. 122. Assistance in Collecting Information. - The Department, in coordination with other government entities concerned, may require Filipino representatives abroad andforeign basedpersonnel to assist in the collection offisheries data and information. Rule 122.1 Implementing Guidelines. The Department, through BFAR, shall coordinate with DFA and other concerned ~encies to implement this Section. 62 SEC. 123. Charting ofNavigational Lanes and Delineation ofMunicipal Waters. - The Department shall authorize the National Mapping and Resource Information Authority (NAMRIA) for the designation and charting of navigational lanes in fishery areas and delineation of municipal waters. The Philippine Coast Guard shall exercise control and supervision over such designated navigational lanes. Rule 123.1 Rule 123.2 Rule 123.3 Rule 123.4 Navigational Lanes. - The Department, through BFAR, shall facilitate the designation and charting of navigational lanes in fishery areas by convening an Inter-agency committee composed of NAMRIA, PN, I)CG, MARINA, other concerned agencies and the NFARMC; Mapping. - The Department, through BFAR, in coordination with the NAMRIA and with the participation of local government units concerned shall determine the outer limits of the municipal waters. Overlapping boundaries in municipal waters shall be governed by the Rules embodied in this law and the Local Govermncut Code of 1991; Navigational Charts. - Charts of navigational lane and outer limits of municipal waters shall be produced, published and regularly updated by NAMRIA; Funding. - The Department, tlrrough DUM, shall allocate sufficient funds for these purposes. SEC. 124. Persons and Deputies Authorized to Enforce this Code and Other Fishery Laws, Rules and Regulations. - The law enforcement officers of the Department, the Philippine Navy, the Philippine Coast Guard, Philippine National Police (PNP), PNP- Maritime Command, law enforcement officers (if the I,G (Is and other government enforcement agencies. are hereby authorized to enforce this Code and other fishery 1011'S, rules and regulations. Other competent government officials and employees, jJunong barangays and officers and members offisherfolk associations who have undergone training 011 law enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement (?f this Code and other fishery laws, rilles and regulations. Rule 124.1 Rule 124.2 Enforcement of Fishery Laws in Municipal Waters> The LGUs shall have authority over municipal waters to enforce all fishery laws, rules and regulations as well as valid fisheries ordinances enacted by the municipality/city council and may seek the assistance of the Department, through the IlFA R, in the training of the Bantay Dagat Task Force in fishery laws, apprehension techniques and gathering of evidence; Enforcement of Fishery Laws in Philippine Waters.- The rules in Section 14 shall apply tA) fishery law enforcement in Philippine waters; 63 Rule 124.3 Manuals.- The Department, through UFAI{ in coordination with DOTC PCG, DNI>-J)N, DFA, DOJ, Bureau of Immigration and Deportation (BID), Bureau of Customs (BC) and other concerned agencies shall formulate and issue manual of procedures for the apprehension, investigation and prosecution of violations of fishery laws. SEC. J25. Strengthening Prosecution and Conviction (?! Violators (ifFishery Laws. - The Department of Justice (DOJ) shall embark Oil a program to strengthen the prosecution and conviction aspects offishery law enforcement through augmentation (if the current complement of state prosecutors and through their continuous training and reorientation on fishery laws, rules and regulations. Rule 125.1 Technical Assistance to thc Department of Justice (DOJ).- The Department shall assist the DOJ in strengthening the prosecution and conviction aspects of fishery law enforcement by providing technical manuals on the gathering of evidence of illegal fishing and apprehension techniques. SEC. 126. Foreign Grants and Aids. - All foreign granIs. aids, exchange programs. loans, researches and the like shall be evaluated and regulated by the Department to ensure that such are consistent with the Filipinization, democratisation and industrialization (!! fishing industry and the development ofthe entire country. Rule 126.1 Implementation. An Inter-Agency Committee composed of thc representatives of the National Economic and Development Authority (NEl>A), Board of Investment (UOI), Department of Finance (DOF), DOST, UTI, DFA, DA, NFA RlVIC and other concerned agencies shall be created to implement this Section. SEC. J27. Mandatory Review. - 11,e Congress (!f the Philippines shall undertake the mandatory review of this Code at least once everyfive (5) years and as often as it may deem necessary. 10 ensure that fisheries policies and guidelines remain responsive to changing circumstances. Rule 127.1 Implementation. - The Department, through BFAn, shall submit proposed bills to amend certain conflicting and confiscatory provisions of this Code; CHAPTER VI/I TRANSITORY PROVISIONS SEC. 128. Moratoria> 7J,e Department shall, upon the recommendation of the Bureau, have the power to declare a moratorium 0/1 the issuance of licenses for commercial fishing vessels to operate in specified area or areas ill Philippine waters ill a limited period of time If 64 there are indications ofoverfishing brought about by a decrease in the volume and sizes offish caught therein orfor conservation or ecological fJlIlfJoses. No new licenses and similar privileges on exploitation of specific fisheries areas in Philippine waters lind aquaculture production areas shall be issued ill accordance with this Code. Such moratoria shall not exceedfive (5) years from the effectivity (if this Code. Rule 128.1 Implementing Guidelines. - The Department, through BFAR, shall identify area or' areas in Philippine waters which are overfished and declare a moratorium on the issuance of licenses for fish catcher vessels which operate in such fishing areas. SEC. 129. Formulation (if Implementing Rules and Regulations. - All Inter-agency Committee is hereby created to formulate rules and regulations for the full implementation (?f this Code within ninety (90) days (if its effectivity: Provided, however, That the formulated rules and regulations shall be submitted to both Houses (?f Congress for information and guidance. Such rilles and regulations shall take effect upon publication in a new.'lJaper (if general circulation 77,e Inter-agency Committee shall be composed (4the following: a. Secretary ofAgriculture as Chairman; b. Secretary l?f the Interior and Local Government; c. Secretary ofEnvironment and Natural Resources; d. Secretary ofJustice; e. Secretary ofFinance; .f Secretary (!f Budget and Management; g. Secretary ofLabor and Employment; h. Secretary (~fNational Defense; i. Commissioner ofCivil Service Commission; j. Director (?fBrAR; k. Executive Director ofPCAMRD; l. General Manager ofPFDA; m. One representativefront each ofthe following: a. J. The League ofProvinces; a.2. 1he League ofCities; a.3. 77w League (ifMunicipalities; a.4. 77,e Liga llg mgaBarangay; 11. Representative (if the municipal fisherfolk; o. Representative (?! the commercialfishers; p. Representative (if the non-government organizations involved infishing concerns; and 65 q. A representative from the academe comingfrom the specializedfisheries institution. Rule 129.1 Rule 129.2 Rule 129.3 Rule 129.4 Creation of Inter-Agency Committee Technical Working Group. - The Department shall create H Technical Worl{ing Gn... p under thc Inter-Agency Committcc to dn.ft thc IRH. of this Code: Additional Representatives. Representatives from DFA, DTI, the aquaculrure sector including thc aquar-ium fish industry shall be included in the composition of the Inter-Agency Technical Working Group; IRR Copies. - The Department shall furnish both Houses of Congress with copies of this IRR for their information and guidance; Effectivity. - This IRR shall take effect fifteen (15) days after its publication in a newspaper of general circulation. c11APTER IX FINAL PROVISIONS SEC 130 Appropriation. - The stun necessary to effectively cony out the provisions (~r this Act during thefirst year (~rimplementation shall he sourcedfrom the Inn/get ofthe DA/UF"AR and other agencies performing fisheries-related functions: Provided, however, 111(1t such amount as may he necessary to carry out the provisions of Sections 79, 109. 110. III, 112, 113 are hereby appropriated out (~r the unappropriated funds of the National Treasury. The Congress (~r the Philippines shall provide for the appropriations (?f the Department. the NFUDI and the Fisheries Scholarship Program for the succeeding years to be included in the annual GAA. Rule 130.1 Budgetary Allocation for 1998. - The Secretary shall allocate within three (3) months from the effectivity of this IRR, the budget for BFAR and NFRDI to support the requirements for the implementation of this Code which shall be sourced from the 1998 Ceneral Appropriations Act for DA, BFAR and other agencies performing fishertes-related functions; Rule 130.2 Budgetary Allocation for 1999. - The IlBM shall allocate the budget for 1999 for BFAR and NFRDI to be sourced from the unprogrammed amount of the Department's budget for 1999; Rule 130.3 Subsequent Budget, - The budget for subsequent years which shall not be less than the amount of the prior years appropriations shall be submitted by the Department to be included in the anuua! General Appropriations Act. 66 Rule 130.4 FARMC Budget. - The Secretary shall allocate budget for FARMC which shall be sourced from its unprogrammed funds of the Department's budget. SEC. 131. Repealing Clause - Presidential Decree No. 704, as amended by Presidential Decree Nos. 1051 and 1058, Presidential Decree No. 977, as amended, Executive Order No. 967, Series of1984, Executive Order No. 116, Series of1987, Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and other existing laws except Republic Act No. 7611, decrees, executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code, are hereby repealed or modified accordingly. Rule 131.1 The following provision of PD No. 704 which are inconsistent with this Code, are hereby amended or modified accordingly: a) Sec. 3 (b) (c) (d) (f) (g) (h) (j) (I) (01) (p) (n) b) Sec. 10 c) Sec.16 d) Sec. 26 e) Sec. 18 f) Sec.19 g) Sec. 20 h) Sec.22 i) Sec.23 j) Sec.24 k) Sec.25 I) Sec.26 01) Sec.27 n) Sec.28 0) Sec.29 p) Sec. 30 q) Sec.31 r)Sec.32 Definition of Terms Closed Season Commercial fishing Electro-fishing Fish and fishery/aquatic products Fishing boat Fish corrals or baklad Fish pen Fishing with the use of explosives Fishing with the use of obnoxious or poisonous substances Municipal waters Philippine waters Fish Landing Points License, lease and permits Commercial fishing boat license and other licenses Permit for importation or Exportation of fish and fishery aquatic products Development of Fish Meal Industry Persons eligible for Commercial Fishing Boat License Operation of Radio Communication facilities on board fishing boats Disposition of Public Lands for Fishponds Lease of fishponds Size of fishponds Construction of family size fishponds License to operate fish pens No obstruction to navigation Grant of fishery privileges Municipal Concessions and Leases concerning fisheries Fishing areas reserved for exclusive use of government s) Fish Refuges and Sanctuaries 67 s) Sec.33 t) Sec.37 u) Sec.38 v) Sec.39 w) Sec040 y) SecA2 z) SecA3 a.f ) SecA4 a.2) SecAS a.3) Sec.46 a.4) Sec.47 a.5) Sec.50 Illegal fishing Dealing in Illegally Caught Fish or Fish/Aquatic products Pollution of Waters Penalties Seizure proceeding Persons Aufhor'izcd to enforce this Decree on Fisheries Rule and Regulations Fisheries Loan and Guarantee Fund Loans to the Fishery Industry Financing Municipal and/or Small-Scale Fishing Establishment and Operation of Refrtgeration and Cold Stornge Plants Exemption of fisher-men for Operation of the Blue Sunday Law and Eight Hour Labor Law Appropr'iations Repealing Clause Rule 131.2 Rule 131.3 PO No. 1015 - Amending the 1st paragraph of Sections 17 and 35 of PD No. 704- The President can ban the operation of commercial fishing gears within a distance of 7 km from the shoreline and operation of trawl within 7 km. from the shorelines 1-0 No. 10S8 - Increasing penalties for certain forms of illegal fishing Rule 131.301 Rule 131.3.2 Rule 131.3.3 Rule 131.3.4 Rule 131.3.5 Rule 131.3.6 Fishing with the use of explosives: a) the penalty From twelve (t 2) yean to twenty five (25) ycnrs in case or mere possession intended for illegal fishing" By imprisonment ranging from twenty (20) years to life imprisonment, if the explosive is actually used. If the use of the explosives result in physical injury to any person, the penalty shall be imprisonment for twenty-five (25) years to life imprisonment to death. Dealing in illegally caught fish oro fishery/aquatic produces imprisonment for five (S) years to ten (10) years Trawl Fishing- imprisonment ranging from six (6) months to six (6) years; Jurtsdiction of the Military Trlbunats for violation of the aforementioned illegal fishing cases. Rule 131.4 PO No. 977, as amended hy EO 967 s. 1984- Creattng the Phifipptne Fish 68 Rule 131.5 Rule 131.6 Rule 131.7 Marketing Authority; EO 967 repealed Sections 2 and 6 of PD No. 977; E.O. No.116 s. 1987 - Reverted BFAR from a line into a staff Bureau and placed it under the Production Group in the DA with the following functions: I. Formulate plans for the proper management, accelerated development and pr-oper utilization of the country's fishery and aquatic resources. 2. Undertake studies on the economics of the various phases of the fishing industry, which studies shall form the bases for the formulation of policies and progrnms on fisheries and aquatic resources. 3. Rende." technical assistance and advisory services in the proper procurement, construction and operatiou of the fishing vessels as well as determination and designation of fish landing points for :,11 commercial fishing boats; 4. For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary of Agriculture and provide technical assistance in the implementation of the same. I~O No. 292 s. 1987- The Admiuistrntivc Code of 1987 salient features on agencies performing fishcr'ics related functions. A. Department of Agriculture - Same as no. 5 Title IV Chapter I and IV Sec. 22 -BAR - Tap fanners, farmers' orgauizatlous and research institntions especially SCUs in the conduct of research in DA and its clientele particularly the farmers, fishermen and land workers. (Underline supplied) Sec 25 - AT' - No mention of fisheries and fishermen and yet RFTC were placed under it. Sec 24 - HAS - Same as A (b) yet fisheries statistics were placed under it. n. DENI{ - Title XIV a) Section 1 Declaration of Policy - The State shall ensure the exploration, development, judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, waters, fi~hcries, wildlfe and other natural resources .... xxx b) Sec 4 Powers and Fnnctions 69 (8) Issue licenses and permits fOI" activities related to development of !!!lu~!ljL r:eSQJII"ce~, treasure hunting, sunken vessels and other similar activities; the use and salvaging of Rule 131.8 Rule 131.9 (10) Promulgate rules and regulations necessary to: a. x b.xx c. xxx d" As~!!re CO!~~I"y~!H9-lL~J!.-~Ljudiciol!L~ustainahle develollment of ag~ntj~l"esoy'l"ces (14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits, concessions, lease agreements and such privileges concerning the development, exploration and utilization of the countrn marine, freshwater, and hrackishwater and overall a!l!!atic reSO!ITces of the c;ountrr...ill!JI shall continue to oversee, supervise and I!!djn~ oux n~l~r1!Lrg~m!r ~~; cancelor cause to cancel such privileges upon failure and non compliance of any regulations, order and for all other causes which arc in furtherance of the conservation of natural resources and supportive of national interest. (Underline supplied) C. DOST - Title XVIII Section 10 (4) Philippine Council fOI" Aquatic and Marine Research and Development (PCAMRO), (QI" ~quaHL!m!l ma.-ine....r~mlrce~ Each of the councils shall be responsible, for its resmctive sector in the furmulatiou of strategies, PQlicie~,--plansand Ilrm:rams---.!!nd (lrQjecJL(ol" scienc;e and technolo2Y develop.meltl for programming and allocation of government and; external fnnds fOI" research and development; . for monitorin2 of research and development projects and for generation of external funds. Each council shall have a Secretariat which shall be headed by an [~xecutive Director to be appointed by the President upon the recommendation of the DOST Secretary. (These functions appear to be inconsistent with Sec 65 (e) and Sec 85 (a) of RA No. 8550, The Philippine Fisheries Code of 1998) D. EO No 473 s. 1991 - Establishment of Sea lanes for Passage of Foreign fishing vessels in Philippine Waters. (fi:xp."essly repealed by Sec. 87 of the Fisheries Code ); Rule 131.10 E. Other existing laws; decrees; EOs and rules and regulations or parts 70 thereof which are inconsistent with this Code 1. PD Nos. 1216 and 1698 on Corals 2. LO No. 1328 - Prohlbiting the Operation of Commercial Trawls and purse Seiners within a Distance of 7 km, from the shorelines of Philippine waters 3. Others. Rule 131.11 F. RA No. 7611 Establishing the Palawan Council for Sustainable Development (PCSD). - It is not covered by the repealing clause and hence the same is neither repealed nor modified by RA No. 8550. SEC. 132. Separability Clause - if any portion or provision of this Code is declared unconstitutional or invalid, the other portions or provisions hereof, which are not affected thereby, shall continue in full force and effect. SEC. 133. Effectivity - This Code shall take effect fifteen (J 5) days after its publication in the Official Gazette or in two (2) newspapers ofgeneral publication. This Code took effect 011 March 23, 1998 after having been published ill the Manila Times and Pahayagang Malaya on March 7, 1998. ~;;T SA{VADOR H. ESetIDERO III Secretary RECOMMENDED BY: -: r/ J>4RAULLO./ ~~=r Bureau of Fisheries and Aquatic Resources /t'Dd fn: finalirrversion dk:codep 71