Definitions of Key Terms
- Magat Reservoir: Man-made reservoir formed by Magat High Dam, not part of municipal waters under P.D. 704.
- Fishing: Catching or taking fish as prescribed; excludes culturing fish in cages.
- Sustenance Fishing: Domestic fishing using one hook/line/pole with catch not exceeding 5 kg/day.
- Aquaculture: Raising and culturing fish in various water types.
- Aquatic Pollution: Introduction of harmful substances or energy that adversely affect aquatic environment or activities.
- Fisheries: All activities related to fishing, culturing, processing, conserving aquatic resources.
- Fish Cage: Enclosures made of netting installed in water to culture fish.
- Fisherfolk: Those physically engaged in fishing or fish culture and processing.
- Fisherfolk Organization and Cooperative: Organized groups of fisherfolk with defined structures and legal registration.
- Fishery Operator: Owner of fishing means who does not personally engage in fishing.
- Fishery Refuge & Sanctuaries: Areas where fishing or damaging activities are prohibited.
- Fishworker: Person employed in commercial fishing or related industries, excluding administrative staff.
- Sport, Small Scale Commercial, and Other Fishing Terms: Detailed definitions specifying allowed catch and participant categories.
Permit Requirements
- Mandatory permits from NIA for fishing or fish cage operation.
- Permits require payment of fees and submission of identification and residence certificates.
- Eligibility for fish cage permits includes Filipino fisherfolk from reservoir towns, registered fisherfolk organizations, research institutions, and government-supported local groups.
- Priority order for issuance: fisherfolk cooperatives, bona fide resident associations, residents, corporations, research institutions.
Authorized Fishing Gears
- Allowed gears: Gill nets, long lines, cast nets, fish traps (Bobo), pole and line, spears.
Restrictions and Prohibitions
- Fish cages only allowed in areas designated by NIA.
- No fishing inside fish sanctuary 1 km upstream from the dam.
- Fish pen construction prohibited.
- Minimum spacing between fish cages by different owners (20m) and same owners (5m).
- No cages in navigation channels or river outlets.
- Max area: 1,000 sqm for individuals, 10,000 sqm for organizations.
- Night fishing requires lights on fishing boats; unlit boats presumed poaching.
- Fish must be unloaded only at NIA-designated landing points.
- Ownership limits on multiple corporations or aggrupations to prevent monopolization.
- All fishing boats must be registered and tagged by NIA.
- Limits on length and mesh size of nets.
- No construction along reservoir banks without NIA permission.
- Prohibition on floating houses larger than specified and on raising animals on floating houses.
Permit Exclusivity and Transfer
- Permits are for exclusive use of the holder.
- Transfers only valid if approved by NIA or by hereditary succession with proof of qualifications.
- Failure to comply results in revocation.
Permit Duration and Renewal
- Fishing permits valid annually (Jan-Dec) or for short periods (sport fishing).
- Fish cage permits valid for one year, renewable every January.
- All fees must be fully paid for renewal approval.
Fees and Bonds
- Fishing permit fees: Small-scale commercial P200/year, sustenance P50/year, sport fishing P10-50 depending on duration.
- Fish cage annual fee: P2 per sqm with penalties for late payment.
- O&M fee: P0.50 per kg of fish landed.
- Cash bond: P100 per fish cage unit upon registration.
Application Procedure
- Applications must be filed on prescribed forms with supporting documents such as maps, residence certification, identification cards.
- Corporate applicants must submit incorporation documents, financial records, membership lists, and resolutions.
- NIA to act on applications within 30 days or request additional documents.
- In case of overlapping applications, priority goes to earliest filed and as per preference order.
General Conditions of Permits
- Compliance with all rules and existing laws required.
- Permit holders responsible for acts of agents and removal of obstructions.
- Non-payment of fees, failure to develop project area, or violation of conditions may lead to cancellation or modification of permits.
- NIA may revoke or adjust permits if public interest requires, with priority given to revoked permit holders for future grants.
- Permittee must remove structures within 60 days upon termination; bond used to cover removal costs if necessary.
- Prohibition on activities causing pollution.
- Requirement to adopt proper fish cage management techniques.
- Immediate reporting required for mass fish deaths or calamities.
- Mandatory reporting of production/catch data.
- Fishing boats must first register with MARINA via PCG before NIA registration.
Inspection and Enforcement
- NIA will conduct periodic inspections with assistance from Fisheries and Aquatic Resources Management Councils.
Additional Conditions
- NIA, in coordination with other agencies, may impose additional terms as needed.
Penalties
- Violations incur fines up to P5,000 per offense plus forfeiture of bonds.
- Possession of illegal forest or wildlife products leads to criminal prosecution, permit cancellation, and boat confiscation.
- Use of explosives, poisons, electro fishing, or illegal nets prosecuted under R.A. 8550.
- Unpermitted fish cage construction requires payment of annual fees plus penalties.
Amendment and Supplementary Rules
- NIA and partner agencies may promulgate additional rules consistent with existing laws.
Legal Provisions
- Separability clause ensures other provisions remain effective if parts are invalidated.
- Rules take effect 30 days after NIA Board approval and official publication/registration.