QuestionsQuestions (HDMF Circular No. 353)
Section 2 declares policies such as: (1) achieving food security as the overriding consideration in utilization, management, development, conservation and protection of fishery resources; (2) limiting access to fishery and aquatic resources to exclusive use and enjoyment of Filipino citizens; (3) ensuring rational and sustainable development and conservation consistent with ecological balance; (4) protecting fisherfolk, especially municipal fisherfolk, through preferential use of municipal waters based on MSY/TAC and international commitments; (5) supporting the fishery sector (primarily municipal fisherfolk) through technology, research, financial and post-harvest/marketing assistance; (6) managing resources consistent with integrated coastal area management in specific natural fishery management areas; and (7) granting private sector privileges under the concept they participate as partners in sustainable management.
It applies to: (1) all Philippine waters including other waters where the Philippines has sovereignty and jurisdiction, and the 200-nautical mile EEZ and continental shelf; (2) all aquatic and fishery resources whether inland, coastal, or offshore fishing areas (including fishponds, pens/cages); and (3) all lands devoted to aquaculture and businesses/activities relating to fishery, whether private or public lands.
Municipal waters include streams, lakes, inland bodies of water and tidal waters within the municipality not included within protected areas or certain forest lands/reserves, and marine waters between two lines: (a) two lines drawn perpendicular to the general coastline from points where the municipal boundary touches the sea at low tide; and (b) a third line parallel to the coastline including offshore islands and 15 kilometers from the coastline—adjusted where two municipalities face each other such that the third line is equally distant; it also includes waters within those limits.
Section 2 states preferential use of municipal waters shall be based on, among others, Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC), considering resource and ecological conditions, while remaining consistent with international treaty obligations.
Filipino citizens in general for access to fishery resources (Sec. 5 and Sec. 2) and, with priority, local communities—especially municipal fisherfolk—through preferential use of municipal waters (Sec. 2 and related provisions).
Use and exploitation of fishery and aquatic resources in Philippine waters are reserved exclusively to Filipinos. Exception: research and survey activities may be allowed under strict regulations for purely research, scientific, technological, and educational purposes that also benefit Filipino citizens.
It allows the Secretary to impose annual (or periodic) limitations/quota on the total quantity of fish captured for a specified period and area, based on the best available evidence, to prevent overfishing and harmful depletion of breeding stocks. Catch ceilings may be per species and may involve concurrence/approval with special agencies and concerned LGUs for certain waters.
The Secretary may declare a closed season outside municipal waters (and for bays) for conservation/ecological purposes through public notice in at least two newspapers of general circulation or public service announcements, whichever applies, at least five (5) days before the declaration. The Secretary may include municipal waters/bays/reserved areas only upon concurrence/approval or recommendation of special agency/LGU/FARMC; LGUs may also establish closed seasons in municipal waters in consultation with FARMC.
No foreign finfish, mollusks, crustacean, or aquatic plants may be introduced without sound ecological/biological/environmental justification supported by scientific studies subject to the existing bio-safety standards. The Department may approve introductions only for scientific/research purposes.
All government agencies and private corporations/entities undertaking activities/projects that may affect environmental quality must prepare a detailed EIS prior to undertaking the project, and this EIS must be integral to the planning process under PD 1586 and its implementing rules.
The EIS must be submitted to the DENR for review/evaluation. No person (natural or juridical) may undertake any development project without securing an Environmental Compliance Certificate (ECC) from the DENR Secretary.
It defines: (1) Monitoring—continuously observing fishing effort, characteristics of resources, and yields; (2) Control—the regulatory conditions/legal framework under which exploitation may be conducted; and (3) Surveillance—the degree and types of observations needed to maintain compliance.
All fish and fishery products must have an auxiliary invoice issued by LGUs or their authorized representatives before transport from the point of origin to destination in the Philippines and/or for export purposes, upon payment of a fee determined by LGUs to defray administrative costs.
They have jurisdiction over municipal waters and, in consultation with FARMCs, are responsible for management, conservation, development, protection, utilization, and disposition of fishery and aquatic resources within their municipal waters. They may enact ordinances consistent with national fisheries policy and are also tasked to enforce fishery laws/rules and valid fishery ordinances.
Duly registered fisherfolk organizations/cooperatives have preference in the grant of fishery rights by the Municipal/City Council pursuant to the Local Government Code, subject to relevant special-agency structures that continue granting permits where they have jurisdiction over municipal waters.
The LGU may authorize/permit such vessels within the 10.1 km to 15 km from shore area if: (1) no commercial fishing with depth less than seven (7) fathoms (certified by the appropriate agency); (2) fishing methods/gears are consistent with national policies set by the Department; (3) prior consultation through public hearing with the M/CFARMC; and (4) the applicant vessel/ship-owner/employer/captain/crew are certified as having not violated the Code and environmental and related laws. It also cannot be granted for bays deemed environmentally critical or during closed season.
No person shall operate a commercial fishing vessel, engage in any fishery activity, or seek employment as fishworker or pearl diver without first securing a license from the Department, for a period prescribed by the Department—subject to exceptions for vessels operating under international agreements within Philippine waters and other conditions stated in the section.