Law Summary
Scope of Application
- Enforced in all Philippine waters including territorial sea, EEZ, continental shelf.
- Covers all aquatic and fishery resources inland, coastal, offshore including fishponds.
- Applies to lands devoted to aquaculture and all fishery-related businesses.
Key Definitions
- Broad definitions covering ancillary industries, appropriate fishing technology, aquaculture, aquatic pollution, aquatic resources, artificial reefs.
- Includes catch ceilings, closed season, coastal zones, commercial fishing classifications.
- Definitions of fishing gear types, fish species, fishing boats, fishery management areas.
- Terms like municipal fisherfolk, fishworkers, exclusive economic zone, FARMCs defined precisely.
Use of Philippine Waters
- Exclusive fishery resource use reserved for Filipinos.
- Foreign research allowed under strict regulation.
Fees and Charges
- Rentals and license fees set to reflect resource rent.
- Department sets fees for fisheries beyond municipal waters; LGUs set fees in municipal waters in consultation with FARMCs.
Access to Fishery Resources and Catch Limits
- Licenses and permits issued up to resource Maximum Sustainable Yield.
- Preference to local communities adjacent to municipal waters.
- Catch ceilings and quotas may be imposed by the Secretary based on scientific evidence.
- Closed seasons may be declared for conservation.
Protection of Biodiversity
- No introduction of foreign aquatic species without scientific justification.
- Protection measures and bans on fishing rare, threatened, endangered species.
Environmental Safeguards
- Preparation of Environmental Impact Statements (EIS) and securing Environmental Compliance Certificates (ECC) required for projects affecting environment.
Monitoring, Control, and Surveillance
- Establish system with LGUs, FARMCs, private sector to ensure sustainable use and management.
Auxiliary Invoices
- All fish and fishery products transported must have auxiliary invoices issued by LGUs.
Municipal Fisheries
- Municipal/city governments manage municipal waters with FARMC consultation.
- Enact ordinances consistent with national policies; integrated management encouraged for contiguous resources.
- Registered fisherfolk organizations have preference for municipal fishing rights.
- Fisheries use priority to registered municipal fisherfolk; small/medium commercial fishing may be authorized under conditions.
- Registry of municipal fisherfolk and vessels maintained by LGUs with FARMC assistance.
- Support programs provided for municipal fisherfolk.
- Fishworkers entitled to labor and social benefits under Philippine law.
Commercial Fisheries
- Operation requires licenses from Department; licenses limited to Filipinos or corporations with at least 60% Filipino ownership.
- Vessels must be registered, inspected, and manned per law.
- Fishing gears must be registered and licensed before use.
- Licenses valid three years; transfer of ownership reported within 10 days.
- Philippine vessels can fish in international waters with permits.
- Import/construction of fishing vessels regulated.
- Incentives for municipal and small-scale fishers include credit and capability-building.
- Additional incentives for fishing in EEZ and beyond with tax/duty exemptions.
- Crew must comply with safety, command qualifications; vessels to have medical supplies.
- Daily catch reports to Department required.
- Assigned color codes and radio frequencies for vessels.
- Regulations on passage, transshipment, and radio communications.
- Use of superlights regulated and banned in municipal waters.
Aquaculture
- Public lands such as mangroves and tidal swamps reserved, no alienation.
- Fishpond leases up to 50 hectares (individual) and 250 hectares (corporation/cooperative), renewable 25 years.
- Lessees must develop on commercial scale; subleasing prohibited.
- Code of practice for environmentally sound aquaculture to be established.
- Incentives and penalties for aquaculture sustainability enforced.
- Abandoned/underutilized fishponds may revert to mangrove state.
- Fish pens, cages, traps licensed and operated only in designated zones.
- Existing pearl farms respected; new leases subject to LGU jurisdiction.
- Municipal fisherfolk prioritized for new aquaculture privileges.
- Insurance coverage for inland aquaculture facilities.
- Prohibition against obstruction to navigation and migration paths.
- Registration and yearly reporting requirements for hatcheries, ponds, pens.
Post-Harvest Facilities
- Department to conduct regular studies and formulate comprehensive post-harvest plan.
- LGUs coordinate establishment of fishing community facilities like landing sites, ice plants.
- Registration and licensing of facilities mandatory.
- Export/import regulated to protect food security and biodiversity.
- Standards for weights and quality grades enforced.
Reconstitution of BFAR
- Creation of Undersecretary for Fisheries.
- BFAR reconstituted as line bureau under Department of Agriculture.
- Functions include licensing, monitoring foreign agreements, research, data systems, technical assistance, law enforcement coordination.
- BFAR headed by Director with regional and provincial offices.
- Enhanced Fisheries Inspection and Quarantine Service to monitor imports/exports.
Fisheries and Aquatic Resources Management Councils (FARMCs)
- Established at national, municipal/city, and integrated resource levels.
- Composed of government, fisherfolk, commercial and community representatives.
- Duties include policy formulation, fishery development plans, ordinance recommendations, enforcement assistance.
- Operating funds from Department budget appropriations.
Fishery Reserves, Refuge and Sanctuaries
- Department may designate marine areas as fishery reserves and sanctuaries.
- LGUs with FARMC consultation may recommend municipal water reserves.
- At least 25-40% of bays, foreshore, continental shelves to be set aside for mangrove cultivation.
- At least 15% of coastal areas in each municipality designated as fish sanctuaries.
Fisheries Research and Development
- Creation of National Fisheries Research and Development Institute (NFRDI) attached to Department.
- Governing Board composed of government and private sector representatives.
- Executive Director with doctorate leads institute.
- Research aims to increase fisherfolk income, improve resource productivity.
- Functions include providing infrastructure, training, research coordination, technology transfer.
Prohibitions and Penalties
- Unauthorized fishing and use of unlicensed gears or vessels punished with fines, imprisonment, confiscation, license revocation.
- Poaching by foreigners heavily fined (up to US$100,000) plus confiscation.
- Prohibition of fishing with explosives, electricity, poisonous substances; strict penalties including imprisonment up to 10 years.
- Ban on fine mesh nets except for certain species.
- Active fishing gear banned in municipal waters and bays; penalties include imprisonment and fines.
- Ban on coral exploitation and export except scientific uses; penalties apply.
- Ban on destructive gears like muro-ami; imprisonment and fines.
- Illegal use of superlights penalized.
- Conversion of mangroves prohibited with severe penalties.
- Fishing in overfished areas, during closed seasons, or in reserves forbidden with penalties.
- Taking of rare, threatened or endangered species banned under heavy penalties.
- Exportation and importation violations punished severely including bans from fisheries participation.
- Violations of catch ceilings fined and penalized.
- Aquatic pollution offenses carry imprisonment and fines.
- Other violations include failure to comply with safety standards, obstruction to navigation, unlicensed operations.
- Penalties include fines, imprisonment, confiscation, license cancellation.
General Provisions
- Creation of fisherfolk settlement areas without ownership rights.
- Establishment of Municipal Fisheries Grant Fund, Fishery Loan Fund, Fishing Vessels Development Fund, and other financial support systems.
- Professionalization of fisheries graduates and upgrading of fisheries schools.
- Inclusion of fisheries conservation in school curricula and public education campaigns.
- Infrastructure support prioritizing fish ports, markets, roads, and post-harvest facilities.
- Extension services to fisherfolk, data protection, and information gathering.
- Designation of navigational lanes by NAMRIA and enforcement by Coast Guard.
- Authorized law enforcement officers include Department, police, Coast Guard and deputized fish wardens.
- DOJ to strengthen prosecution of fisheries law violators.
- Regulation of foreign grants to promote Filipinization and national development.
- Mandatory Congressional review every 5 years.
Transitory Provisions
- Possible moratorium on new commercial licenses for overfished areas not exceeding 5 years.
- Creation of Inter-agency Committee to formulate implementing rules within 90 days.
- Comprehensive member representation in the committee from government and fisheries sectors.
Final Provisions
- Appropriations from DA/BFAR budget and National Treasury for initial implementation.
- Repeal and modification of inconsistent laws.
- Separability clause to maintain validity of unaffected provisions.
- Effectivity 15 days after publication.