Title
Rules on Fishing, Fish Cages at Magat Reservoir
Law
Nia
Decision Date
Apr 22, 2004
The Administrative Order provides guidelines for fishing and fish cage operations in the Magat Reservoir, requiring individuals or organizations to obtain permits and pay fees, while imposing restrictions and penalties for violations.
A

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.

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