Hand Out - Without Blank

Fun Facts:
 Visayan sea (bounded by Iloilo, Romblon, Masbate, Negros) is one of the country’s richest fishing ground.
 Commercial fishing is NOT allowed within 15 kilometers away from shore.
FISHERIES CODE
Republic Act No. 8550
Section 4. Definition of Terms
10. Commercial fishing

 taking fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing.
Further classification:
▪ small scale commercial fishing

◦ Fishing with passive or active gear.
◦ Fishing vessel- 3.1 gross tons (GT) up to 20 GT;
▪ Medium scale commercial fishing

◦ Fishing utilizing active gears and vessels of 20.1 GT up to 150 GT.
▪ Large scale commercial mining

◦ Fishing utilizing active gears and vessels of more than 150 GT.
56. Municipal fisherfolks

 persons directly or indirectly engaged in municipal fishing and other related fishing activities.
57. Municipal fishing
 fishing within municipal waters using fishing vessels of 3 GT or less or fishing not requiring fishing vessels.
58. Municipal fishing
 What’s included?
◦ Streams, lakes, inland bodies of water and tidal waters within municipality
 Not included within protected areas under RA 7586 (NIPAS), public forest, timber land forest
reserves or fishery reserves.
◦ Marine waters included between 2 lines drawn perpendicular to general coastline from points where boundary
lines of municipality touch the sea low tide and a third line parallel with the general coastline including
offshore islands and 15 kilometers from such coastline.
 2 municipalities situated om opposite shores with 30 km of marine waters between them:
◦ 3rd line shall be equally distant from the opposite shore pf the respective municipalities
Sec. 16 Jurisdiction of Municipal/city governments

 have jurisdiction over municipal waters defined in this code.
 Municipal/city government with Fisheries and Aquatic Resource Management Councils (FARMC)- enact
appropriate ordinances for this purpose, in accordance with National fisheries policy- Reviewed in pursuant to
7160.
 Contiguous fishery resources management (e.g bay)- which straddles municipalities and/or provinces – done in an
INTEGRATED manner NOT based on political subdivisions.
 REASON: to facilitate SINGLE RESOURCE systems.
 FARMC- established under sec. 76
 serve as venue for close collaboration among LGU’s in the management of contiguous resources.
Section 17 Grant of Fishing privileges in municipal waters

 Registered fisher folk organization/ cooperative- shall have grant of fishery rights by municipal council (Section
149 LGU code)
 Areas with special agencies/offices vested jurisdiction over municipal waters by a special law- continue to grant
permits for PROPER management and implementation of said structures.
 Not limited to Laguna Lake Development and Palawan Council for State Development
Section 18- Users of Municipal waters
 All fishery related activities in municipal waters (MW), as defined in this Code, shall be utilized by municipal
fisherfolk and their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk.
 Municipal/city government through local chief executive (acting in pursuant to appropriate ordinance) shall:
◦ authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to
fteen (15) kilometer area from the shoreline in municipal waters as dened herein, provided, that all the
following are met:
a) No commercial fishing in MW with depth less than 7 fathoms (certified by appropriate agency)
b) Methods and gears- consistent with national policy by the department.
c) Prior consultation through public hearing MUST be conducted with M/CFARMC; and
d) Applicant vessel+ ship owner +employer +crew= Did not violate this code, environmental law and
related law (certified by appropriate agency)
 NOTE: No authorization or permit- fishing in bays determined as: (1) environmentally critical (2)during closed
season (section 9 of this code)
Chapter VI. Prohibitions and Penalties
Section 86- Unauthorized Fishing or engaging in other unauthorized Fisheries Activities

 No person shall:
◦ exploit, occupy, produce, breed, culture, capture/gather fish
◦ fry/ fingerlings of any fishery product/ species
◦ engage in fishery activity in the Philippine waters
▪ WITHOUT a LICENSE, LEASE or PERMIT.
 No permit/registration paper for a fishing vessel= Fishing vessel is engaged in unauthorized fishing.
▪ Except: if fishing for daily food sustenance or leisure NOT for commercial, occupation or livelihood
MAY be allowed.
 Fishing vessel fishing in bays declared as OVER Exploited- UNLAWFUL
 VIOLATION: Any commercial fishing boat captain or 3 highest officers of boat
◦ Fine: equivalent to value of catch or 10, 000 pesos. Whichever is higher;
◦ Imprisonment: 6 months
◦ confiscation of catch and fishing gears
◦ automatic revocation of license
Section 88- Fishing through explosives, Noxious or Poisonous substance, and/or electricity.
1) UNLAWFUL:
a) for a person to catch/ take/ gather/ caught to be caught, taken or gathered fish/ fishery species in Phil. Waters
through use of:
◦ explosives, noxious/ poisonous substance (sodium cyanide)- Kill, disable or render unconcious fish/
fishery species.
▪ EXCEPT: Department subject to safeguards and conditions may allow for:
◦ Research, educational or scientific purposes only.
◦ SCENARIO: Use poisonous/ noxious substance to eradicate predators in fishpond in
accordance with accepted scientific practice SO LONG AS it will not cause adverse
environmental impact in neighboring waters.
b) for a person/ corporation to pocess, deal in, sell, dispose in any fish/ fishery species which have been
illegally caught/ gathered.
c) The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or
noxious or poisonous substances, or equipment or device for electro-fishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute prima facie evidence, that
the same was used for fishing in violation of this Code.
(2 and 3) …..explosive, noxious or poisonous substances or electrofishing devices for illegal fishing-...
2) Mere possession of …. - 6 months to 2 years imprisonment

3) Actual use of …..- (5) years to ten (10) years imprisonment without prejudice to the filing of separate criminal cases
when the use of the same result to physical injury or loss of human life.
(4) Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished
by imprisonment ranging from six (6) months to two (2) years.
(5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices, as well as the
fishing vessels, fishing equipment and catch shall be forfeited.
Section 89- Use of Fine Mesh Net

 unlawful- engage in fishing using smaller mesh than what is provided by the Department.
◦ EXCEPTION: gathering fry, grass eels, tabios, alamang- by nature small but matured
 FINES: 2,000- 20,000; IMPRISONMENT: 6 months- 2 years: OR BOTH
◦ provided that that department is empowered to impose admin fine or cancel his permit/license.
Section 90- Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas
 Boat captain/ master fisherman- Imprisonment of 6 months- 2 years
 Owner/ operator of vessel- FINE P2,000- P20,000
Section 91- Ban on Coral Exploitation and Exportation

 gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or in processed form,
 except for scientific or research purposes.
 VIOLATION: Imprisonment of 6 months- 2 years and a fine from P2,000.00 to 20,000.00, or both and forfeiture of
the subject corals, including the vessel and its proper disposition.
 What to do with confiscated corals?
▪ either be returned to the sea
▪ donated to schools and museums for educational or scientific purposes and more
Section 92- Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat
 Physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish and other
fishery species are also prohibited.
 Person or corporation to gather, sell or export white sand, silica, pebbles and any other substances which make up
any marine habitat.
◦ VIOLATION: 2 years to 10 years imprisonment and FINE not less than P100,000.00 to P500,000. The catch
and gear use/he substance taken from its marine habitat shall be confiscated.
Section 93.Illegal Use of Superlights. - Violations: Imprisonment 6 months to 2 years; or FINE P5,000.00 per superlight, or
both. Superlight, fishing gears and vessel shall be confiscated.
Section 94.Conversion of Mangroves. - Converting mangroves into fishponds or for any other purposes-UNLAWFUL.
 Violation: Imprisonment of 6 years and 1 day to 12 years and/or a fine of P80,000.00
 If the area requires rehabilitation or restoration as determined by the court- Offender should also be required to
restore or compensate for the restoration of the damage.
Section 95.Fishing in Overfished Area and During Closed Season- Violation: Imprisonment 6 months and 1 day to 6 years and/or fine of P6,000.00 and by
forfeiture of the catch and cancellation of fishing permit or license.
Section 96.Fishing in Fishery Reserves, Refuge and Sanctuaries- Imprisonment 2 years to 6 years and/or fine of P2,000.00 to P20,000 and by forfeiture of
the catch and the cancellation of fishing permit or license.
Section 97.Fishing Or Taking of Rare, Threatened or Endangered Species. - in the CITES and as determined by the Department.
Section 98.Capture of Sabalo and Other Breeders/Spawners. - It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or
"sabalo" and such other breeders or spawners of other fishery species as may be determined by the Department: Provided, That catching of "sabalo" and
other breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the
Department.
Section 99.Exportation of Breeders, Spawners, Eggs or Fry. - Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall be punished
by imprisonment of eight (8) years, confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or
export license/permit.
Section 100.Importation or Exportation of Fish or Fishery Species
Section 101. Violation of Catch Ceilings
Section 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful.

Hand Out - Without Blank

Uploaded by

Copyright:

Available Formats

Hand Out - Without Blank

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Hand Out - Without Blank

Uploaded by

Copyright:

Available Formats

Fun Facts:

10. Commercial fishing

▪ small scale commercial fishing

▪ Medium scale commercial fishing

▪ Large scale commercial mining

56. Municipal fisherfolks

Sec. 16 Jurisdiction of Municipal/city governments

Section 17 Grant of Fishing privileges in municipal waters

Chapter VI. Prohibitions and Penalties

Section 86- Unauthorized Fishing or engaging in other unauthorized Fisheries Activities

2) Mere possession of …. - 6 months to 2 years imprisonment

Section 89- Use of Fine Mesh Net

Section 91- Ban on Coral Exploitation and Exportation

 Violation: Imprisonment of 6 years and 1 day to 12 years and/or a fine of P80,000.00

Section 101. Violation of Catch Ceilings

You might also like