Republic Act No.

8550 February 25, 1998

AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND
CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING
ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1. Title. - This Act shall be known as "The Philippine Fisheries Code of
1998."
CHAPTER I
Declaration of Policy and Definitions
Section 2. Declaration of Policy. - It is hereby declared the policy of the State:
(a) to achieve food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources in
order to provide the food needs of the population. A flexible policy towards the
attainment of food security shall be adopted in response to changes in
demographic trends for fish, emerging trends in the trade of fish and other
aquatic products in domestic and international markets, and the law of supply
and demand;lawphi1
(b) to limit access to the fishery and aquatic resources of the Philippines for the
exclusive use and enjoyment of Filipino citizens;
(c) to ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters including
the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent
with the primordial objective of maintaining a sound ecological balance,
protecting and enhancing the quality of the environment;
(d) to protect the rights of fisherfolk, especially of the local communities with
priority to municipal fisherfolk, in the preferential use of the municipal waters.
Such preferential use, shall be based on, but not limited to, Maximum
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of
resources and ecological conditions, and shall be consistent with our
commitments under international treaties and agreements;
(e) to provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and
research, adequate financial, production, construction of post-harvest facilities,
marketing assistance, and other services. The protection of municipal fisherfolk
against foreign intrusion shall extend to offshore fishing grounds. Fishworkers
shall receive a just share for their labor in the utilization of marine and fishery
resources;
(f) to manage fishery and aquatic resources, in a manner consistent with the
concept of an integrated coastal area management in specific natural fishery
management areas, appropriately supported by research, technical services
and guidance provided by the State; and
(g) to grant the private sector the privilege to utilize fishery resources under the
basic concept that the grantee, licensee or permittee thereof shall not only be a
privileged beneficiary of the State but also active participant and partner of the
Government in the sustainable development, management, conservation and
protection of the fishery and aquatic resources of the country.
The state shall ensure the attainment of the following objectives of the fishery sector:
1. Conservation, protection and sustained management of the country's fishery
and aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among
municipal fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.
Section 3. Application of its Provisions. - The provisions of this Code shall be
enforced in:
(a) all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive
Economic Zone (EEZ) and continental shelf;
(b) all aquatic and fishery resources whether inland, coastal or offshore fishing
areas, including but not limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and activities relating to
fishery, whether private or public lands.lawphi1
Section 4. Definition of Terms. - As used in this Code, the following terms and phrases
shall mean as follows:
1. Ancillary Industries - firms or companies related to the supply, construction
and maintenance of fishing vessels, gears, nets and other fishing paraphernalia;
fishery machine shops; and other facilities such as hatcheries, nurseries, feed
plants, cold storage and refrigeration, processing plants and other pre-harvest
and post-harvest facilities.
2. Appropriate Fishing Technology - adaptable technology, both in fishing and
ancillary industries, that is ecologically sound, locally source-based and labor
intensive.
3. Aquaculture - fishery operations involving all forms of raising and culturing
fish and other fishery species in fresh, brackish and marine water areas.
4. Aquatic Pollution - the introduction by human or machine, directly or
indirectly, of substances or energy to the aquatic environment which result or is
likely to result in such deleterious effects as to harm living and non-living aquatic
resources, pose potential and/or real hazard to human health, hindrance to
aquatic activities such as fishing and navigation, including dumping/disposal of
waste and other marine litters, discharge of petroleum or residual products of
petroleum or carbonaceous materials/substances, and other, radioactive,
noxious or harmful liquid, gaseous or solid substances, from any water, land or
air transport or other human-made structure. Deforestation, unsound agricultural
practices such as the use of banned chemicals and excessive use of chemicals,
intensive use of artificial fish feed, and wetland conversion, which cause similar
hazards and deleterious effects shall also constitute aquatic pollution.
5. Aquatic Resources - includes fish, all other aquatic flora and fauna and other
living resources of the aquatic environment, including, but not limited to, salt and
corals.
6. Artificial Reefs - any structure of natural or man-made materials placed on a
body of water to serve as shelter and habitat, source of food, breeding areas for
fishery species and shoreline protection.
7. Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered
or harvested from any fishing area in consideration of the need to prevent
overfishing and harmful depletion of breeding stocks of aquatic organisms.
8. Closed Season - the period during which the taking of specified fishery
species by a specified fishing gear is prohibited in a specified area or areas in
Philippine waters.
9. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water
and submerged land. in which terrestrial processes and uses directly affect
oceanic processes and uses, and vice versa; its geographic extent may include
areas within a landmark limit of one (1. kilometer from the shoreline at high tide
to include mangrove swamps, brackish water ponds, nipa swamps, estuarine
rivers, sandy beaches and other areas within a seaward limit of 200 meters
isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom
areas.
10. Commercial Fishing - the taking of fishery species by passive or active gear
for trade, business & profit beyond subsistence or sports fishing, to be further
classified as:
(1) Small scale commercial fishing - fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;
(2) Medium scale commercial fishing - fishing utilizing active gears and
vessels of 20.1 GT up to one hundred fifty (150) GT; and
(3) Large commercial fishing - fishing utilizing active gears and vessels
of more than one hundred fifty (150) GT.
11. Commercial Scale - a scheme of producing a minimum harvest per hectare
per year of milkfish or other species including those raised in pens, cages, and
tanks to be determined by the Department in consultation with the concerned
sectors;
12. Coral - the hard calcareous substance made up of the skeleton of marine
coelenterate polyps which include reefs, shelves and atolls or any of the marine
coelenterate animals living in colonies where their skeletons form a stony mass.
They include: (a. skeletons of anthozoan coelenterates characterized as having
a rigid axis of compact calcareous or horny spicules, belonging to the genus
corallium as represented by the red, pink, and white corals which are
considered precious corals; (b. skeletons of anthozoan coelenterates
characterized by thorny, horny axis such as the antipatharians represented by
the black corals which are considered semi-precious corals; and (c. ordinary
corals which are any kind of corals that are not precious nor semi-precious.
13. Coral Reef - a natural aggregation of coral skeleton, with or without living
coral polyps, occurring in intertidal and subtidal marine waters.
14. Demarcated Areas - boundaries defined by markers and assigned
exclusively to specific individuals or organizations for certain specified and
limited uses such as:
(a) Aquaculture, sea ranching and sea farming;
(b) Fish aggregating devices;
(c) Fixed and passive fishing gears; and
(d) Fry and fingerlings gathering.
15. Department - shall mean the Department of Agriculture.
16. Electrofishing - the use of electricity generated by batteries, electric
generators and other source of electric power to kill, stupefy, disable or render
unconscious fishery species, whether or not the same are subsequently
recovered.
17. Endangered Rare and/or Threatened Species - aquatic plants, animals,
including some varieties of corals and sea shells in danger of extinction as
provided for in existing fishery laws, rules and regulations or in the Protected
Areas and Wildlife Bureau of the Department of Environment and Natural
Resources (DENR. and in the Convention on the International Trade of
Endangered Species of Flora and Fauna (CITES).
18. Exclusive Economic Zone (EEZ. - an area beyond and adjacent to the
territorial sea which shall not extend beyond 200 nautical miles from the
baselines as defined under existing laws.
19. FARMCs - the Fisheries and Aquatic Resources Management Councils.
20. Farm-to-Market Roads - shall include roads linking the fisheries production
sites, coastal landing points and other post-harvest facilities to major market and
arterial roads and highways.
21. Fine Mesh Net - net with mesh size of less than three centimeters (3 cm..
measured between two (2. opposite knots of a full mesh when stretched or as
otherwise determined by the appropriate government agency.
22. Fish and Fishery/Aquatic Products - include not only finfish but also
mollusks, crustaceans, echinoderms, marine mammals, and all other species of
aquatic flora and fauna and all other products of aquatic living resources in any
form.
23. Fish Cage - refers to an enclosure which is either stationary or floating made
up of nets or screens sewn or fastened together and installed in the water with
opening at the surface or covered and held in a place by wooden/bamboo posts
or various types of anchors and floats.
24. Fish Corral or "Baklad" - a stationary weir or trap devised to intercept and
capture fish consisting of rows of bamboo stakes, plastic nets and other
materials fenced with split blood mattings or wire mattings with one or more
enclosures, usually with easy entrance but difficult exit, and with or without
leaders to direct the fish to the catching chambers, purse or bags.
25. Fish fingerlings - a stage in the life cycle of the fish measuring to about 6-13
cm. depending on the species.
26. Fish fry - a stage at which a fish has just been hatched usually with sizes
from 1-2.5 cm.
27. Fish pen - an artificial enclosure constructed within a body of water for
culturing fish and fishery/aquatic resources made up of poles closely arranged
in an enclosure with wooden materials, screen or nylon netting to prevent
escape of fish.
28. Fisherfolk - people directly or personally and physically engaged in taking
and/or culturing and processing fishery and/or aquatic resources.lawphi1
29. Fisherfolk Cooperative - a duly registered association of fisherfolk with a
common bond of interest, who have voluntarily joined together to achieve a
lawful common social or economic end, making equitable contribution to the
capital requirement and accepting a fair share of the risks and benefits of the
undertakings in accordance with universally accepted cooperative principles.
30. Fisherfolk Organization - an organized group, association, federation,
alliance or an institution of fisherfolk which has at least fifteen (15. members, a
set of officers, a constitution and by-laws, an organizational structure and a
program of action.
31. Fisheries - refers to all activities relating to the act or business of fishing,
culturing, preserving, processing, marketing, developing, conserving and
managing aquatic resources and the fishery areas, including the privilege to fish
or take aquatic resource thereof.
32. Fish Pond - a land-based facility enclosed with earthen or stone material to
impound water for growing fish.
33. Fishing Boat/Gear License - a permit to operate specific types of fishing
boat/gear for specific duration in areas beyond municipal waters for demersal or
pelagic fishery resources.
34. Fishery Management Areas - a bay, gulf, lake or any other fishery area
which may be delineated for fishery resource management purposes.
35. Fishery Operator - one who owns and provides the means including land,
labor, capital, fishing gears and vessels, but does not personally engage in
fishery.
36. Fishery Refuge and Sanctuaries - a designated area where fishing or other
forms of activities which may damage the ecosystem of the area is prohibited
and human access may be restricted.
37. Fishery Reserve - a designated area where activities are regulated and set
aside for educational and research purposes.
38. Fishery Species - all aquatic flora and fauna including, but not restricted to,
fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans.
39. Fishing - the taking of fishery species from their wild state of habitat, with or
without the use of fishing vessels.
40. Fishing gear - any instrument or device and its accessories utilized in taking
fish and other fishery species.
(a) Active fishing gear - is a fishing device characterized by gear
movements, and/or the pursuit of the target species by towing, lifting,
and pushing the gears, surrounding, covering, dredging, pumping and
scaring the target species to impoundments; such as, but not limited to,
trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and
tuna longline.
(b) Passive fishing gear - is characterized by the absence of gear
movements and/or the pursuit of the target species; such as, but not
limited to, hook and line, fishpots, traps and gill nets across the path of
the fish.
41. Fishing vessel - any boat, ship or other watercraft equipped to be used for
taking of fishery species or aiding or assisting one (1. or more vessels in the
performance of any activity relating to fishing, including, but not limited to,
preservation, supply, storage, refrigeration, transportation and/or processing.
42. Fishing with Explosives - the use of the dynamite, other explosives or other
chemical compounds that contain combustible elements or ingredients which
upon ignition by friction, concussion, percussion or detonation of all or parts of
the compound, will kill, stupefy, disable or render unconscious any fishery
species. It also refers to the use of any other substance and/or device which
causes an explosion that is capable of producing the said harmful effects on any
fishery species and aquatic resources and capable of damaging and altering the
natural habitat.
43. Fishing with Noxious or Poisonous Substances - the use of any substance,
plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or
other chemicals either in a raw or processed form, harmful or harmless to
human beings, which will kill, stupefy, disable or render unconscious any fishery
species and aquatic resources and capable of damaging and altering the
natural habitat.
44. Fishworker - a person regularly or not regularly employed in commercial
fishing and related industries, whose income is either in wage, profit-sharing or
stratified sharing basis, including those working in fish pens, fish cages, fish
corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing
boat or trawlers, or fish processing and/or packing plants. Excluded from this
category are administrators, security guards and overseers.
45. Food Security - refers to any plan, policy or strategy aimed at ensuring
adequate supplies of appropriate food at affordable prices. Food security may
be achieved through self-sufficiency (i.e. ensuring adequate food supplies from
domestic production), through self-reliance (i.e. ensuring adequate food
supplies through a combination of domestic production and importation), or
through pure importation.
46. Foreshore Land - a string of land margining a body of water; the part of a
seashore between the low-water line usually at the seaward margin of a low tide
terrace and the upper limit of wave wash at high tide usually marked by a beach
scarp or berm.
47. Fully-developed Fishpond Area - a clean leveled area enclosed by dikes, at
least one foot higher than the highest floodwater level in the locality and strong
enough to resist pressure at the highest flood tide; consists of at least a nursery
pond, a transition pond, a rearing pond or a combination of any or all said
classes of ponds, and a functional water control system and producing in a
commercial scale.
48. Gross Tonnage - includes the underdeck tonnage, permanently enclosed
spaces above the tonnage deck, except for certain exemptions. In broad terms,
all the vessel's 'closed-in' spaces expressed in volume terms on the bases of
one hundred cubic feet (that equals one gross ton).
49. Inland Fishery - the freshwater fishery and brackishwater fishponds.
50. Lake - an inland body of water, an expanded part of a river, a reservoir
formed by a dam, or a lake basin intermittently or formerly covered by water.
51. Limited Access - a fishery policy by which a system of equitable resource
and allocation is established by law through fishery rights granting and licensing
procedure as provided by this Code.
52. Mangroves - a community of intertidal plants including all species of trees,
shrubs, vines and herbs found on coasts, swamps, or border of swamps.
53. Maximum Sustainable Yield (MSY. - is the largest average quantity of fish
that can be harvested from a fish stocks/resource within a period of time (e.g.
one year. on a sustainable basis under existing environmental conditions.
54. Migratory species - refers to any fishery species which in the course of their
life could travel from freshwater to marine water or vice versa, or any marine
species which travel over great distances in waters of the ocean as part of their
behavioral adaptation for survival and speciation:
(a) Anadromous species - marine fishes which migrate to freshwater
areas to spawn;
(b) Catadromous species - freshwater fishes which migrate to marine
areas to spawn.
55. Monitoring, control and surveillance -
(a) Monitoring - the requirement of continuously observing: (1) fishing
effort which can be expressed by the number of days or hours of
fishing, number of fishing gears and number of fisherfolk; (2)
characteristics of fishery resources; and (3) resource yields (catch);
(b) Control - the regulatory conditions (legal framework) under which
the exploitation, utilization and disposition of the resources may be
conducted; and
(c) Surveillance - the degree and types of observations required to
maintain compliance with regulations.lawphi1ALF
56. Municipal fisherfolk - persons who are directly or indirectly engaged in
municipal fishing and other related fishing activities.
57. Municipal fishing - refers to fishing within municipal waters using fishing
vessels of three (3. gross tons or less, or fishing not requiring the use of fishing
vessels.
58. Municipal waters - include not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the
protected areas as defined under Republic Act No. 7586 (The NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also marine
waters included between two (2. lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea
at low tide and a third line parallel with the general coastline including offshore
islands and fifteen (15. kilometers from such coastline. Where two (2.
municipalities are so situated on opposite shores that there is less than thirty
(30. kilometers of marine waters between them, the third line shall be equally
distant from opposite shore of the respective municipalities.
59. Non-governmental organization (NGO. - an agency, institution, a foundation
or a group of persons whose purpose is to assist peoples
organizations/associations in various ways including, but not limited to,
organizing, education, training, research and/or resource accessing.
60. Payao - a fish aggregating device consisting of a loating raft anchored by a
weighted line with suspended materials such as palm fronds to attract pelagic
and schooling species common in deep waters.
61. Pearl Farm Lease - public waters leased for the purpose of producing
cultured pearls.
62. People's Organization - a bona fide association of citizens with
demonstrated capacity to promote the public interest and with identifiable
leadership, membership and structure. Its members belong to a sector/s who
voluntarily band themselves together to work for and by themselves for their
own upliftment, development and greater good.
63. Person - natural or juridical entities such as individuals, associations,
partnership, cooperatives or corporations.
64. Philippine waters - include all bodies of water within the Philippine territory
such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs,
bays and seas and other bodies of water now existing or which may hereafter
exist in the provinces, cities, municipalities, and barangays and the waters
around, between and connecting the islands of the archipelago regardless of
their breadth and dimensions, the territorial sea, the sea beds, the insular
shelves, and all other waters over which the Philippines has sovereignty and
jurisdiction including the 200-nautical miles Exclusive Economic Zone and the
continental shelf.
65. Post-harvest facilities - these facilities include, but are not limited to, fishport,
fishlanding, ice plants and cold storages, fish processing plants.
66. Purse Seine - a form of encircling net having a line at the bottom passing
through rings attached to the net, which can be drawn or pursed. In general, the
net is set from a boat or pair of boats around the school of fish. The bottom of
the net is pulled closed with the purse line. The net is then pulled aboard the
fishing boat or boats until the fish are concentrated in the bunt or fish bag.
67. Resource Rent - the difference between the value of the products produced
from harvesting a publicly owned resource less the cost of producing it, where
cost includes the normal return to capital and normal return to labor.
68. Sea farming - the stocking of natural or hatchery-produced marine plants or
animals, under controlled conditions, for purposes of rearing and harvesting, but
not limited to commercially-important fishes, mollusks (such as pearl and giant
clam culture), including seaweeds and seagrasses.
69. Sea ranching - the release of the young of fishery species reared in
hatcheries and nurseries into natural bodies of water for subsequent harvest at
maturity or the manipulation of fishery habitat, to encourage the growth of the
wild stocks.
70. Secretary - the Secretary of the Department of Agriculture.
71. Superlight - also called magic light, is a type of light using halogen or metal
halide bulb which may be located above the sea surface or submerged in the
water. It consists of a ballast, regulator, electric cable and socket. The source of
energy comes from a generator, battery or dynamo coupled with the main
engine.
72. Total Allowable Catch (TAC. - the maximum harvest allowed to be taken
during a given period of time from any fishery area, or from any fishery species
or group of fishery species, or a combination of area and species and normally
would not exceed the MSY.
73. Trawl - an active fishing gear consisting of a bag shaped net with or without
otter boards to open its opening which is dragged or towed along the bottom or
through the water column to take fishery species by straining them from the
water, including all variations and modifications of trawls (bottom, mid-water,
and baby trawls) and tow nets.
CHAPTER II
Utilization, Management, Development, Conservation and Allocation System of
Fisheries and Aquatic Resources
Section 5. Use of Philippine Waters. - The use and exploitation of the fishery and
aquatic resources in Philippine waters shall be reserved exclusively to Filipinos:
Provided, however, That research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and educational purposes that
would also benefit Filipino citizens.
Section 6. Fees and Other Fishery Charges. - The rentals for fishpond areas covered
by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat
Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the
utilization of resources and shall be determined by the Department: Provided, That the
Department shall also prescribe fees and other fishery charges and issue the
corresponding license or permit for fishing gear, fishing accessories and other fishery
activities beyond the municipal waters: Provided, further, That the license fees of fishery
activity in municipal waters shall be determined by the Local Government Units (LGUs) in
consultation with the FARMCs. The FARMCs may also recommend the appropriate
license fees that will be imposed.
Section 7. Access to Fishery Resources. - The Department shall issue such number of
licenses and permits for the conduct of fishery activities subject to the limits of the MSY
of the resource as determined by scientific studies or best available evidence. Preference
shall be given to resource users in the local communities adjacent or nearest to the
municipal waters.
Section 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or
quota on the total quantity of fish captured, for a specified period of time and specified
area based on the best available evidence. Such a catch ceiling may be imposed per
species of fish whenever necessary and practicable: Provided, however, That in
municipal waters and fishery management areas, and waters under the jurisdiction of
special agencies, catch ceilings may be established upon the concurrence and approval
or recommendation of such special agency and the concerned LGU in consultation with
the FARMC for conservation or ecological purposes.
Section 9. Establishment of Closed Season. - The Secretary may declare, through
public notice in at least two (2) newspapers of general circulation or in public service
announcements, whichever is applicable, at least five (5) days before the declaration, a
closed season in any or all Philippine waters outside the boundary of municipal waters
and in bays, for conservation and ecological purposes. The Secretary may include waters
under the jurisdiction of special agencies, municipal waters and bays, and/or other areas
reserved for the use of the municipal fisherfolk in the area to be covered by the closed
season: Provided, however, That this shall be done only upon the concurrence and
approval or recommendation of such special agency and the concerned LGU and
FARMC: Provided, further, That in municipal waters, fishery management areas and
other areas reserved for the use of the municipal fisherfolk, closed season may be
established by the concerned LGU in consultation with the FARMC for conservation or
ecological purposes. The FARMCs may also recommend the establishment of closed
seasons in municipal waters, fisheries management and other areas reserved for the use
of the municipal fisherfolk.
Section 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk,
crustacean or aquatic plants shall be introduced in Philippine waters without a sound
ecological, biological and environmental justification based on scientific studies subject to
the bio-safety standard as provided for by existing laws: Provided, however, That the
Department may approve the introduction of foreign aquatic species for
scientific/research purposes.
Section 11. Protection of Rare, Threatened and Endangered Species. - The
Department shall declare closed seasons and take conservation and rehabilitation
measures for rare, threatened and endangered species, as it may determine, and shall
ban the fishing and/or taking of rare, threatened and/or endangered species, including
their eggs/offspring as identified by existing laws in concurrence with concerned
government agencies.
Section 12. Environmental Impact Statement (EIS). - All government agencies as well
as private corporations, firms and entities who intend to undertake activities or projects
which will affect the quality of the environment shall be required to prepare a detailed
Environmental Impact Statement (EIS) prior to undertaking such development activity.
The preparation of the EIS shall form an integral part of the entire planning process
pursuant to the provisions of Presidential Decree No. 1586 as well as its implementing
rules and regulations.
Section 13. Environmental Compliance Certificate (ECC). - All Environmental Impact
Statements (EIS) shall be submitted to the Department of Environment and Natural
Resources (DENR) for review and evaluation. No person, natural or juridical, shall
undertake any development project without first securing an Environmental Compliance
Certificate (ECC) from the Secretary of the DENR.
Section 14. Monitoring, Control and Surveillance of Philippine Waters. - A
monitoring, control and surveillance system shall be established by the Department in
coordination with LGUs, FARMCs, the private sector and other agencies concerned to
ensure that the fisheries and aquatic resources in Philippine waters are judiciously and
wisely utilized and managed on a sustainable basis and conserved for the benefit and
enjoyment exclusively of Filipino citizens.
Section 15. Auxiliary Invoices. - All fish and fishery products must have an auxiliary
invoice to be issued by the LGUs or their duly authorized representatives prior to their
transport from their point of origin to their point of destination in the Philippines and/or
export purposes upon payment of a fee to be determined by the LGUs to defray
administrative costs therefor.
ARTICLE I
MUNICIPAL FISHERIES
Section 16. J urisdiction of Municipal/City Government. - The municipal/city
government shall have jurisdiction over municipal waters as defined in this Code. The
municipal/city government, in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization, and disposition of all fish
and fishery/aquatic resources within their respective municipal waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate
ordinances for this purpose and in accordance with the National Fisheries Policy. The
ordinances enacted by the municipality and component city shall be reviewed pursuant to
Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the
same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery
ordinances enacted by the municipal/city council.
The management of contiguous fishery resources such as bays which straddle several
municipalities, cities or provinces, shall be done in an integrated manner, and shall not
be based on political subdivisions of municipal waters in order to facilitate their
management as single resource systems. The LGUs which share or border such
resources may group themselves and coordinate with each other to achieve the
objectives of integrated fishery resource management. The Integrated Fisheries and
Aquatic Resources Management Councils (FARMCs) established under Section 76 of
this Code shall serve as the venues for close collaboration among LGUs in the
management of contiguous resources.
Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered
fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights
by the Municipal/City Council pursuant to Section 149 of the Local Government Code:
Provided, That in areas where there are special agencies or offices vested with
jurisdiction over municipal waters by virtue of special laws creating these agencies such
as, but not limited to, the Laguna Lake Development Authority and the Palawan Council
for Sustainable Development, said offices and agencies shall continue to grant permits
for proper management and implementation of the aforementioned structures.
Section 18. Users of Municipal Waters. - All fishery related activities in municipal
waters, 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.
The municipal or city government, however, may, through its local chief executive and
acting pursuant to an appropriate ordinance, authorize or permit small and medium
commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15)
kilometer area from the shoreline in municipal waters as defined herein, provided, that all
the following are met:
(a) no commercial fishing in municipal waters with depth less than seven (7)
fathoms as certified by the appropriate agency;
(b) fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department;
(c) prior consultation, through public hearing, with the M/CFARMC has been
conducted; and
(d) the applicant vessel as well as the shipowner, employer, captain and crew
have been certified by the appropriate agency as not having violated this Code,
environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in
bays as determined by the Department to be in an environmentally critical condition and
during closed season as provided for in Section 9 of this Code.
Section 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of
municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the
purpose of determining priorities among them, of limiting entry into the municipal waters,
and of monitoring fishing activities an/or other related purposes: Provided, That the
FARMC shall submit to the LGU the list of priorities for its consideration.
Such list or registry shall be updated annually or as may be necessary, and shall be
posted in barangay halls or other strategic locations where it shall be open to public
inspection, for the purpose of validating the correctness and completeness of the list. The
LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms for
inclusion or exclusion procedures that shall be most beneficial to the resident municipal
fisherfolk. The FARMCs may likewise recommend such mechanisms.
The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and
other boat particulars with the assistance of the FARMC.
Section 20. Fisherfolk Organizations and/or Cooperatives. - Fisherfolk
organizations/cooperatives whose members are listed in the registry of municipal
fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture,
mariculture and/or fish farming: Provided, however, That an organization/cooperative
member whose household is already in possession of a fishery right other than for fish
capture cannot enjoy the fishing rights granted to the organization or cooperative.
Section 21. Priority of Resident Municipal Fisherfolk. - Resident municipal fisherfolk
of the municipality concerned and their organizations/cooperatives shall have priority to
exploit municipal and demarcated fishery areas of the said municipality.
Section 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated
fishery rights to fishery organizations/cooperatives for mariculture operation in specific
areas identified by the Department.
Section 23. Limited Entry Into Overfished Areas. - Whenever it is determined by the
LGUs and the Department that a municipal water is overfished based on available data
or information or in danger of being overfished, and that there is a need to regenerate the
fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said
waters.
Section 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall
provide support to municipal fisherfolk through appropriate technology and research,
credit, production and marketing assistance and other services such as, but not limited to
training for additional/supplementary livelihood.
Section 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled
to the privileges accorded to other workers under the Labor Code, Social Security
System and other benefits under other laws or social legislation for workers: Provided,
That fishworkers on board any fishing vessels engaged in fishing operations are hereby
covered by the Philippine Labor Code, as amended.
ARTICLE II
COMMERCIAL FISHERIES
Section 26. Commercial Fishing Vessel License and Other Licenses. - No person
shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for
scientific, research or educational purposes, or engage in any fishery activity, or seek
employment as a fishworker or pearl diver without first securing a license from the
Department, the period of which shall be prescribed by the Department: Provided, That
no such license shall be required of a fishing vessel engaged in scientific, research or
educational purposes within Philippine waters pursuant to an international agreement of
which the Philippines is a signatory and which agreement defines the status, privileges
and obligations of said vessel and its crew and the non-Filipino officials of the
international agency under which said vessel operates: Provided, further, That members
of the crew of a fishing vessel used for commercial fishing except the duly licensed
and/or authorized patrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk: Provided, furthermore, That all skippers/master fishers shall be
required to undertake an orientation training on detection of fish caught by illegal means
before they can be issued their fishworker licenses: Provided, finally, That the large
commercial fishing vessels license herein authorized to be granted shall allow the
licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth
to be certified by the NAMRIA, and subject to the conditions that may be stated therein
and the rules and regulations that may be promulgated by the Department.
Section 27. Persons Eligible for Commercial Fishing Vessel License. - No
commercial fishing vessel license shall be issued except to citizens of the Philippines,
partnerships or to associations, cooperatives or corporations duly registered in the
Philippines at least sixty percent (60%) of the capital stock of which is owned by Filipino
citizens. No person to whom a license has been issued shall sell, transfer or assign,
directly or indirectly, his stock or interest therein to any person not qualified to hold a
license. Any such transfer, sale or assignment shall be null and void and shall not be
registered in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines,
partnerships, corporations, cooperatives or associations qualified under this section shall
secure Certificates of Philippine Registry and such other documents as are necessary for
fishing operations from the concerned agencies: Provided, That the commercial fishing
vessel license shall be valid for a period to be determined by the Department.
Section 28. Commercial Fishing Vessel Registration. - The registration,
documentation, inspection and manning of the operation of all types of fishing vessels
plying Philippine waters shall be in accordance with laws, rules and regulations.
Section 29. Registration and Licensing of Fishing Gears Used in Commercial
Fishing. - Before a commercial fishing vessel holding a commercial fishing vessel
license may begin fishing operations in Philippine waters, the fishing gear it will utilize in
fishing shall be registered and a license granted therefor. The Department shall
promulgate guidelines to implement this provision within sixty (60) days from approval of
this Code.
Section 30. Renewal of Commercial Boat License. - The commercial fishing boat
license shall be renewed every three (3) years.
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the
expiration of the license within which to renew the same.
Section 31. Report of Transfer of Ownership. - The owner/operator of a registered
fishing vessel shall notify the Department in writing of the transfer of the ownership of the
vessel with a copy of such document within ten (10) days after its transfer to another
person.
Section 32. Fishing by Philippine Commercial Fishing Fleet in International
Waters. - Fishing vessels of Philippine registry may operate in international waters or
waters of other countries which allow such fishing operations: Provided, That they comply
with the safety, manning and other requirements of the Philippine Coast Guard, Maritime
Industry Authority and other agencies concerned: Provided, however, That they secure
an international fishing permit and certificate of clearance from the Department: Provided,
further, That the fish caught by such vessels shall be considered as caught in Philippine
waters and therefore not subject to all import duties and taxes only when the same is
landed in duly designated fish landings and fish ports in the Philippines: Provided,
furthermore, That landing ports established by canneries, seafood processors and all fish
landing sites established prior to the effectivity of this Code shall be considered
authorized landing sites: Provided, finally, That fishworkers on board Philippine
registered fishing vessels conducting fishing activities beyond the Philippine Exclusive
Economic Zone are not considered as overseas Filipino workers.
Section 33. Importation of Fishing Vessels or Construction of New Fishing Boats. -
Prior to the importation of fishing vessels and the construction of new fishing vessels, the
approval/clearance of the Department must first be obtained.
Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. -
Municipal and small-scale commercial fisherfolk shall be granted incentives which shall
include, but are not limited to, the following:
(a) at least ten percent (10%) of the credit and the guarantee funds of
government financing institutions shall be made available for post-harvest and
marketing projects for the purpose of enhancing our fisherfolk competitiveness
by reducing post-harvest losses. Qualified projects shall include, but shall not be
limited to, ice plants, cold storage, canning, warehouse, transport and other
related infrastructure projects and facilities; and
(b) the Department shall undertake the following programs:
1. a capability-building program for targeted parties shall be developed
by the Department to promote greater bankability and credit worthiness
of municipal and small-scale commercial fishers. Such program shall
include organizing activities, technology transfer, and skills training
related to commercial fishing as well as credit management. Groups
and cooperatives organized under the program shall have priority
access over credit and guarantee funds established under this Code;
and
2. an information campaign shall be conducted to promote the
capability building and credit programs. The campaign shall ensure
greater information dissemination and accessibility to targeted
fisherfolk.
Section 35. Incentives for Commercial Fishers to Fish Farther into the Exclusive
Economic Zone. - In order to encourage fishing vessel operators to fish farther in the
EEZ and beyond, new incentives for improvement of fishing vessels and acquisition of
fishing equipment shall be granted in addition to incentives already available from the
Board of Investments (BOI). Such incentives shall be granted subject to exhaustive
evaluation of resource and exploitation conditions in the specified areas of fishing
operations. The incentive shall include, but not be limited to:
(a) long term loans supported by guarantee facilities to finance the building and
acquisition and/or improvement of fishing vessels and equipment;
(b) commercial fishing vessel operators of Philippine registry shall enjoy a
limited period of tax and duty exemptions on the importation of fishing vessels
not more than five (5) years old, equipment and paraphernalia, the period of
exemption and guidelines shall be fixed by the Department within ninety (90)
days from the effectivity of this Code;
(c) commercial fishing operator of Philippine registry engaged in fisheries in the
high seas shall be entitled to duty and tax rebates on fuel consumption for
commercial fisheries operations. Guidelines shall be promulgated within ninety
(90) days from the effectivity of this Code by the Department; and
(d) all applicable incentives available under the Omnibus Investment Code of
1987: Provided, That the fishing operation project is qualified for registration and
is duly registered with the BOI.
Section 36. Complement of Fishing Vessels. - Every commercial fishing vessel of
Philippine registry when actually operated, shall be manned in accordance with the
requirements of the Philippine Merchant Marine rules and regulations.
Section 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be
provided with adequate medical supplies and life-saving devices to be determined by the
Occupational Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT
or more shall have as a member of its crew a person qualified as a first aider duly
certified by the Philippine National Red Cross.
Section 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a
daily record of fish catch and spoilage, landing points, and quantity and value of fish
caught, and off-loaded for transshipment, sale and/or other disposal. Detailed information
shall be duly certified by the vessel's captain and transmitted monthly to the officer or
representative of the Department, at the nearest designated landing point.
Section 39. Report of Meteorological and Other Data. - All vessels and crafts passing
navigational lanes or engaged in fisheries activity shall be required to contribute to
meteorological and other data, and shall assist the Department in documentation or
reporting of information vital to navigation and the fishing industry.
Section 40. Color Code and Radio Frequency. - For administrative efficiency and
enforcement of regulations, registered fishing vessels shall bear a color code as may be
determined by the Department and may be assigned a radio frequency specific and
distinct to its area of operation.
Section 41. Passage. - Commercial and other passage not in the regular conduct of
fisheries activity shall be made at designated navigational lanes.
Section 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and
sea facilities available in the Philippines to transport fishery products which are caught
outside Philippine territorial waters to its final destination shall call only at duly designated
government-owned or -controlled regional fishport complexes after securing clearance
from the Department.
Section 43. Operation of Radio Communication Facilities on Board Fishing
Vessels. - The Department shall promulgate guidelines in the operation of radio
communication facilities on board fishing vessels and the assignment of radio
frequencies specific and distinct to area of operation in coordination with the National
Telecommunications Commission.
Section 44. Use of Superlight. - The number and wattage of superlights used in
commercial fishing vessels shall be regulated by the Department: Provided, That the use
of superlights is banned within municipal waters and bays.
ARTICLE III
AQUACULTURE
Section 45. Disposition of Public Lands for Fishery Purposes. - Public lands such as
tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery
operations shall not be disposed or alienated. Upon effectivity of this Code, FLA may be
issued for public lands that may be declared available for fishpond development primarily
to qualified fisherfolk cooperatives/associations: Provided, however, That upon the
expiration of existing FLAs the current lessees shall be given priority and be entitled to an
extension of twenty-five (25) years in the utilization of their respective leased areas.
Thereafter, such FLAs shall be granted to any Filipino citizen with preference, primarily to
qualified fisherfolk cooperatives/associations as well as small and medium enterprises as
defined under Republic Act No. 8289: Provided, further, That the Department shall
declare as reservation, portions of available public lands certified as suitable for fishpond
purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally,
That two (2) years after the approval of this Act, no fish pens or fish cages or fish traps
shall be allowed in lakes.
Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk
organizations/cooperatives shall be subject to the following conditions:
(a) Areas leased for fishpond purposes shall be no more than 50 hectares for
individuals and 250 hectares for corporations or fisherfolk organizations;
(b) The lease shall be for a period of twenty-five (25) years and renewable for
another twenty-five (25) years: Provided, That in case of the death of the lessee,
his spouse and/or children, as his heirs, shall have preemptive rights to the
unexpired term of his Fishpond Lease Agreement subject to the same terms
and conditions provided herein provided that the said heirs are qualified;
(c) Lease rates for fishpond areas shall be determined by the Department:
Provided, That all fees collected shall be remitted to the National Fisheries
Research and Development Institute and other qualified research institutions to
be used for aquaculture research development;
(d) The area leased shall be developed and producing on a commercial scale
within three (3) years from the approval of the lease contract: Provided,
however, That all areas not fully producing within five (5) years from the date of
approval of the lease contract shall automatically revert to the public domain for
reforestation;
(e) The fishpond shall not be subleased, in whole or in part, and failure to
comply with this provision shall mean cancellation of FLA;
(f) The transfer or assignment of rights to FLA shall be allowed only upon prior
written approval of the Department;
(g) The lessee shall undertake reforestation for river banks, bays, streams, and
seashore fronting the dike of his fishpond subject to the rules and regulations to
be promulgated thereon; and
(h) The lessee shall provide facilities that will minimize environmental pollution,
i.e., settling ponds, reservoirs, etc: Provided, That failure to comply with this
provision shall mean cancellation of FLA.
Section 47. Code of Practice for Aquaculture. - The Department shall establish a code
of practice for aquaculture that will outline general principles and guidelines for
environmentally-sound design and operation to promote the sustainable development of
the industry. Such Code shall be developed through a consultative process with the
DENR, the fishworkers, FLA holders, fishpond owners, fisherfolk cooperatives, small-
scale operators, research institutions and the academe, and other potential stakeholders.
The Department may consult with specialized international organizations in the
formulation of the code of practice.
Section 48. Incentives and Disincentives for Sustainable Aquaculture Practices. -
The Department shall formulate incentives and disincentives, such as, but not limited to,
effluent charges, user fees and negotiable permits, to encourage compliance with the
environmental standards and to promote sustainable management practices.
Section 49. Reversion of All Abandoned, Undeveloped or Underutilized
Fishponds. - The DENR, in coordination with the Department, LGUs, other concerned
agencies and FARMCs shall determine which abandoned, underdeveloped or
underutilized fishponds covered by FLAs can be reverted to their original mangrove state
and after having made such determination shall take all steps necessary to restore such
areas in their original mangrove state.
Section 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond
lease agreements who have acquired citizenship in another country during the existence
of the FLA shall have their lease automatically cancelled and the improvements thereon
to be forfeited in favor of the government and disposed of in accordance with rules and
regulations promulgated thereon.
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other
Structures for the Culture of Fish and Other Fishery Products. - Fish pens, fish
cages, fish traps and other structures for the culture of fish and other fishery products
shall be constructed and shall operate only within established zones duly designated by
LGUs in consultation with the FARMCs concerned consistent with national fisheries
policies after the corresponding licenses thereof have been secured. The area to be
utilized for this purpose for individual person shall be determined by the LGUs in
consultation with the concerned FARMC: Provided, however, That not over ten percent
(10%) of the suitable water surface area of all lakes and rivers shall be allotted for
aquaculture purposes like fish pens, fish cages and fish traps; and the stocking density
and feeding requirement which shall be controlled and determined by its carrying
capacity: Provided, further, That fish pens and fish cages located outside municipal
waters shall be constructed and operated only within fish pen and fish cage belts
designated by the Department and after corresponding licenses therefor have been
secured and the fees thereof paid.
Section 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing
pearl farm leases shall be respected and allowed to operate under the terms thereof.
New leases may be granted to qualified persons who possess the necessary capital and
technology, by the LGUs having jurisdiction over the area.
Section 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps
and Similar Structures. - No new concessions, licenses, permits, leases and similar
privileges for the establishment or operation of fish pens, fish cages, fish corrals/traps
and other similar structures in municipal areas shall be granted except to municipal
fisherfolk and their organizations.
Section 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds,
fish cages and fish pens shall be covered under the insurance program of the Philippine
Crop Insurance Corporation for losses caused by force majeure and fortuitous events.
Section 55. Non-Obstruction to Navigation. - Nothing in the foregoing sections shall
be construed as permitting the lessee, licensee, or permittee to undertake any
construction which will obstruct the free navigation in any stream, river, lakes, or bays
flowing through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede
the flow of the tide to and from the area. Any construction made in violation hereof shall
be removed upon the order of the Department in coordination with the other government
agencies concerned at the expense of the lessee, licensee, or occupants thereof,
whenever applicable. The Department shall within thirty (30) days after the effectivity of
this Code formulate and implement rules and regulations for the immediate dismantling of
existing obstruction to navigation.
Section 56. Non-Obstruction to Defined Migration Paths. - Nothing in the foregoing
sections shall be construed as permitting the lessee, permittee, or licensee to undertake
any construction which will obstruct any defined migration path of migratory fish species
such as river mouths and estuaries with a distance determined by the concerned LGUs in
consultation with and upon the recommendation of the FARMCs.
Section 57. Registration of Fish Hatcheries and Private Fishponds, etc. - All fish
hatcheries, fish breeding facilities and private fishponds must be registered with the
LGUs which shall prescribe minimum standards for such facilities in consultation with the
Department: Provided, That the Department shall conduct a yearly inventory of all
fishponds, fish pens and fish cages whether in public or private lands: Provided, further,
That all fishpond, fish pens and fish cage operators shall annually report to the
Department the type of species and volume of production in areas devoted to
aquaculture.
ARTICLE IV
POST-HARVEST FACILITIES, ACTIVITIES AND TRADES
Section 58. Comprehensive Post-harvest and Ancillary Industries Plan. - The
Department shall conduct a regular study of fisheries post-harvest operations and
ancillary industries, in the formulation of a comprehensive plan for post-harvest and
ancillary industries. It shall take into account among others, the following:
(a) detailed and clear guidelines on the distribution, construction, maintenance
and use of post-harvest infrastructure facilities;
(b) extension of credit and incentives for post-harvest operations;
(c) promotion and strengthening of semi-processing, processing and handling;
(d) development of domestic fishmeal industry;
(e) development of fisheries ship-building and repair as a viable industry;
(f) development and strengthening of marketing facilities and activities, including
the pricing system, with emphasis on collective marketing and the elimination of
middlemen;
(g) increased participation of cooperatives and non-governmental organizations
in post-harvest operations and ancillary industries; and
(h) integration of fisheries post-harvest operations into the national fisheries
plan.
Section 59. Establishment of Post-Harvest Facilities for Fishing Communities. -
The LGUs shall coordinate with the private sector and other concerned agencies and
FARMCs in the establishment of post-harvest facilities for fishing communities such as,
but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage and
other fish processing establishments to serve primarily the needs of municipal fisherfolk:
Provided, That such post-harvest facilities shall be consistent with the Comprehensive
Post-harvest and Ancillary Industries Plan.
Section 60. Registration and Licensing of all Post-Harvest Facilities. - All post-
harvest facilities such as fish processing plants, ice plants, and cold storages, fish
ports/landings and other fishery business establishments must register with and be
licensed by the LGUs which shall prescribe minimum standards for such facilities in
consultation with the Department.
Section 61. Importation and Exportation of Fishery Products. -
(a) Export of fishery products shall be regulated whenever such exportation
affects domestic food security and production: Provided, That exportation of live
fish shall be prohibited except those which are hatched or propagated in
accredited hatcheries and ponds;
(b) To protect and maintain the local biodiversity or ensure the sufficiency of
domestic supply, spawners, breeders, eggs and fry of bangus, prawn and other
endemic species, as may be determined by the Department, shall not be
exported or caused to be exported by any person;
(c) Fishery products may be imported only when the importation has been
certified as necessary by the Department in consultation with the FARMC, and
all the requirements of this Code, as well as all existing rules and regulations
have been complied with: Provided, That fish imports for canning/processing
purposes only may be allowed without the necessary certification, but within the
provisions of Section 61(d) of this Code; and
(d) No person, shall import and/or export fishery products of whatever size,
stage or form for any purpose without securing a permit from the Department.
The Department in consultation with the FARMC shall promulgate rules and regulations
on importation and exportation of fish and fishery/aquatic resources with the
Government's export/import simplification procedures.
Section 62. Instruments of Weights and Measures, and Quality Grades/Standards. -
Standards for weights, volume and other measurements for all fishery transactions shall
be set by the Department.
All fish and fishery products for export, import and domestic consumption shall meet the
quality grades/standards as determined by the Department.
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and
unlawful possession or use of instruments of weights and measures.
CHAPTER III
Reconstitution of The Bureau of Fisheries and Aquatic Resources and Creation of
Fisheries and Aquatic Resources Management Councils
ARTICLE I
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES
Section 63. Creation of the Position of Undersecretary for Fisheries and Aquatic
Resources. - There is hereby created in the Department of Agriculture the position of
Undersecretary for Fisheries and Aquatic Resources, solely for the purpose of attending
to the needs of the fishing industry, to be appointed by the President. Such
Undersecretary shall have the following functions:
(a) set policies and formulate standards for the effective, efficient and
economical operations of the fishing industry in accordance with the programs
of the government;
(b) exercise overall supervision over all functions and activities of all offices and
instrumentalities and other offices related to fisheries including its officers;
(c) establish, with the assistance of the director, such regional, provincial and
other fishery officers as may be necessary and appropriate and organize the
internal structure of BFAR in such manner as is necessary for the efficient and
effective attainment of its objectives and purposes; and
(d) perform such other functions as may be necessary or proper to attain the
objectives of this Code.
Section 64. Reconstitution of the BFAR. - The Bureau of Fisheries and Aquatic
Resources (BFAR) is hereby reconstituted as a line bureau under the Department of
Agriculture.
Section 65. Functions of the Bureau of Fisheries and Aquatic Resources. - As a line
bureau, the BFAR shall have the following functions:
(a) prepare and implement a Comprehensive National Fisheries Industry
Development Plan;
(b) issue licenses for the operation of commercial fishing vessels;
(c) issue identification cards free of charge to fishworkers engaged in
commercial fishing;
(d) monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure that
such agreements are not contrary to Philippine commitment under international
treaties and convention on fishing in the high seas;
(e) formulate and implement a Comprehensive Fishery Research and
Development Program, such as, but not limited to, sea farming, sea ranching,
tropical/ornamental fish and seaweed culture, aimed at increasing resource
productivity, improving resource use efficiency, and ensuring the long-term
sustainability of the country's fishery and aquatic resources;
(f) establish and maintain a Comprehensive Fishery Information System;
(g) provide extensive development support services in all aspects of fisheries
production, processing and marketing;
(h) provide advisory services and technical assistance on the improvement of
quality of fish from the time it is caught (i.e. on board fishing vessel, at landing
areas, fish markets, to the processing plants and to the distribution and
marketing chain);
(i) coordinate efforts relating to fishery production undertaken by the primary
fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;
(j) advise and coordinate with LGUs on the maintenance of proper sanitation
and hygienic practices in fish markets and fish landing areas;
(k) establish a corps of specialists in collaboration with the Department of
National Defense, Department of the Interior and Local Government,
Department of Foreign Affairs for the efficient monitoring, control and
surveillance of fishing activities within Philippine territorial waters and provide
the necessary facilities, equipment and training therefor;
(l) implement an inspection system for import and export of fishery/aquatic
products and fish processing establishments, consistent with international
standards to ensure product quality and safety;
(m) coordinate with LGUs and other concerned agencies for the establishment
of productivity enhancing and market development programs in fishing
communities to enable women to engage in other fisheries/economic activities
and contribute significantly to development efforts;
(n) enforce all laws, formulate and enforce all rules and regulations governing
the conservation and management of fishery resources, except in municipal
waters, and to settle conflicts of resource use and allocation in consultation with
the NFARMC, LGUs and local FARMCs;
(o) develop value-added fishery-products for domestic consumption and
export;lawphi1
(p) recommend measures for the protection/enhancement of the fishery
industries;
(q) assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery resources;
(r) formulate rules and regulations for the conservation and management of
straddling fish stocks and highly migratory fish stocks; and
(s) perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic
resources.
Section 66. Composition of BFAR. - As a line bureau, the BFAR shall be headed by a
Director and assisted by two (2) Assistant Directors who shall supervise the
administrative and technical services of the bureau respectively. It shall establish
regional, provincial and municipal offices as may be appropriate and necessary to carry
out effectively and efficiently the provisions of this Code.
Section 67. Fisheries Inspection and Quarantine Service. - For purposes of
monitoring and regulating the importation and exportation of fish and fishery/aquatic
resources, the Fisheries Inspection and Quarantine Service in the BFAR is hereby
strengthened and shall have the following functions:
(a) conduct fisheries quarantine and quality inspection of all fish and
fishery/aquatic products coming into and going out of the country by air or water
transport, to detect the presence of fish pest and diseases and if found to harbor
fish pests or diseases shall be confiscated and disposed of in accordance with
environmental standards and practices;
(b) implement international agreements/commitments on bio-safety and bio-
diversity as well as prevent the movement or trade of endemic fishery and
aquatic resources to ensure that the same are not taken out of the country;
(c) quarantine such aquatic animals and other fishery products determined or
suspected to be with fishery pests and diseases and prevent the movement or
trade from and/or into the country of these products so prohibited or regulated
under existing laws, rules and regulations as well as international agreements of
which the Philippines is a State Party;
(d) examine all fish and fishery products coming into or going out of the country
which may be a source or medium of fish pests or diseases and/or regulated by
existing fishery regulations and ensure that the quality of fish import and export
meet international standards; and
(e) document and authorize the movement or trade of fish and fishery products
when found free of fish pests or diseases and collect necessary fees prescribed
by law and regulations.
ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
(FARMCs)
Section 68. Development of Fisheries and Aquatic Resources in Municipal Waters
and Bays. - Fisherfolk and their organizations residing within the geographical
jurisdiction of the barangays, municipalities or cities with the concerned LGUs shall
develop the fishery/aquatic resources in municipal waters and bays.
Section 69. Creation of Fisheries and Aquatic Resources Management Councils
(FARMCs). - FARMCs shall be established in the national level and in all
municipalities/cities abutting municipal waters as defined by this Code. The FARMCs
shall be formed by fisherfolk organizations/cooperatives and NGOs in the locality and be
assisted by the LGUs and other government entities. Before organizing FARMCs, the
LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and
orientation on the formation of FARMCs.
Section 70. Creation and Composition of the National Fisheries and Aquatic
Resources Management Council (NFARMC). - There is hereby created a National
Fisheries and Aquatic Resources Management Council hereinafter referred to as
NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall
be composed of fifteen (15) members consisting of:
(a) the Undersecretary of Agriculture, as Chairman;
(b) the Undersecretary of the Interior and Local Government;
(c) five (5) members representing the fisherfolk and fishworkers;
(d) five (5) members representing commercial fishing and aquaculture operators
and the processing sectors;
(e) two (2) members from the academe; and
(f) one (1) representative of NGOs involved in fisheries.
The members of the NFARMC, except for the Undersecretary of Agriculture and the
Undersecretary of the Interior and Local Government, shall be appointed by the
President upon the nomination of their respective organizations.
Section 71. Terms of Office. - The members of NFARMC, except the Undersecretary of
Agriculture and the Undersecretary of the Interior and Local Government, shall serve for
a term of three (3) years without reappointment.
Section 72. Functions of the NFARMC. - The NFARMC shall have the following
functions:
(a) assist in the formulation of national policies for the protection, sustainable
development and management of fishery and aquatic resources for the approval
of the Secretary;
(b) assist the Department in the preparation of the National Fisheries and
Industry Development Plan; and
(c) perform such other functions as may be provided by law.
Section 73. The Municipal/City Fisheries and Aquatic Resources Management
Councils (M/CFARMCs). - The M/CFARMCs shall be created in each of the
municipalities and cities abutting municipal waters. However, the LGU may create the
Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs) and the
Lakewide Fisheries and Aquatic Resources Management Councils (LFARMCs)
whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory capacity
to the LGUs.
Section 74. Functions of the M/CFARMCs. - The M/CFARMCs shall exercise the
following functions:
(a) assist in the preparation of the Municipal Fishery Development Plan and
submit such plan to the Municipal Development Council;
(b) recommend the enactment of municipal fishery ordinances to the
sangguniang bayan/sangguniang panlungsod through its Committee on
Fisheries;
(c) assist in the enforcement of fishery laws, rules and regulations in municipal
waters;
(d) advise the sangguniang bayan/panlungsod on fishery matters through its
Committee on Fisheries, if such has been organized; and
(e) perform such other functions which may be assigned by the sangguniang
bayan/panlungsod.
Section 75. Composition of the M/CFARMC . - The regular member of the
M/CFARMCs shall be composed of:
(a) Municipal/City Planning Development Officer;
(b) Chairperson, Agriculture/Fishery Committee of the Sangguniang
Bayan/Panlungsod;
(c) representative of the Municipal/City Development Council;
(d) representative from the accredited non-government organization;
(e) representative from the private sector;
(f) representative from the Department of Agriculture; and
(g) at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk,
one (1) fishworker and three (3) commercial fishers) in each municipality/city
which include representative from youth and women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings and
election.
Section 76. The Integrated Fisheries and Aquatic Resources Management Councils
(IFARMCs). - The IFARMCs shall be created in bays, gulfs, lakes and rivers and dams
bounded by two (2) or more municipalities/cities.
Section 77. Functions of the IFARMCs. - The IFARMC shall have the following
functions:
(a) assist in the preparation of the Integrated Fishery Development Plan and
submit such plan to the concerned Municipal Development Councils;
(b) recommend the enactment of integrated fishery ordinances to the concerned
sangguniang bayan/panlungsod through its Committee on Fisheries, if such has
been organized;
(c) assist in the enforcement of fishery laws, rules and regulations in concerned
municipal waters;
(d) advice the concerned sangguniang bayan/panlungsod on fishery matters
through its Committee on Fisheries, if such has been organized; and
(e) perform such other functions which may be assigned by the concerned
sangguniang bayan/panlungsod.
Section 78. Composition of the IFARMCs. - The regular members of the IFARMCs
shall be composed of the following:
(a) the chairperson of the Committee on Agriculture/Fisheries of the concerned
sangguniang bayan/panlungsod;
(b) the Municipal/City Fisheries Officers of the concerned municipalities/cities;
(c) the Municipal/City Development Officers of the concerned
municipalities/cities;
(d) one (1) representative from NGO;
(e) one (1) representative from private sector; and
(f) at least nine (9) representatives from the fisherfolk sector which include
representatives from the youth and women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings and
election.
Section 79. Source of Funds of the FARMCs. - A separate fund for the NFARMC,
IFARMCs and M/CFARMCs shall be established and administered by the Department
from the regular annual budgetary appropriations.
CHAPTER IV
Fishery Reserves, Refuge and Sanctuaries
Section 80. Fishing Areas Reserves for Exclusive Use of Government. - The
Department may designate area or areas in Philippine waters beyond fifteen (15)
kilometers from shoreline as fishery reservation for the exclusive use of the government
or any of its political subdivisions, agencies or instrumentalities, for propagation,
educational, research and scientific purposes: Provided, That in municipalities or cities,
the concerned LGUs in consultation with the FARMCs may recommend to the
Department that portion of the municipal waters be declared as fishery reserves for
special or limited use, for educational, research, and/or special management purposes.
The FARMCs may recommend to the Department portions of the municipal waters which
can be declared as fisheries reserves for special or limited use for educational, research
and special management purposes.
Section 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge
and sanctuaries to be administered in the manner to be prescribed by the BFAR at least
twenty-five percent (25%) but not more than forty percent (40%) of bays, foreshore lands,
continental shelf or any fishing ground shall be set aside for the cultivation of mangroves
to strengthen the habitat and the spawning grounds of fish. Within these areas no
commercial fishing shall be allowed. All marine fishery reserves, fish sanctuaries and
mangrove swamp reservations already declared or proclaimed by the President or
legislated by the Congress of the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in municipal waters, the
concerned LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries:
Provided, further, That at least fifteen percent (15%) where applicable of the total coastal
areas in each municipality shall be identified, based on the best available scientific data
and in consultation with the Department, and automatically designated as fish
sanctuaries by the LGUs in consultation with the concerned FARMCs.
CHAPTER V
Fisheries Research and Development
Section 82. Creation of a National Fisheries Research and Development Institute
(NFRDI). - In recognition of the important role of fisheries research in the development,
management, conservation and protection of the country's fisheries and aquatic
resources, there is hereby created a National Fisheries Research and Development
Institute (NFRDI).
The Institute shall form part of the National Research and Development Network of the
Department of Science and Technology (DOST).
The Institute, which shall be attached to the Department shall serve as the primary
research arm of the BFAR. The overall governance of the Institute shall be vested in the
Governing Board which shall formulate policy guidelines for its operation. The plans,
programs and operational budget shall be passed by the Board. The Board may create
such committees as it may deem necessary for the proper and effective performance of
its functions. The composition of the Governing Board shall be as follows:
(a) Undersecretary for Fisheries - Chairman
(b) BFAR Director - Vice Chairman
(c) NFRDI Executive Director - Member
(d) PCAMRD Executive Director - Member
(e) Representative from the academe - Member
(f) four (4) representatives from the private sector who shall come from the
following subsectors: - Members
Municipal Fisherfolk
Commercial Fishing Operator
Aquaculture Operator
Post-Harvest/Processor
The NFRDI shall have a separate budget specific to its manpower requirements and
operations to ensure the independent and objective implementation of its research
activities.
Section 83. Qualification Standard. - The Institute shall be headed by an Executive
Director to be appointed by the President of the Philippines upon the recommendation of
the governing board. The Executive Director shall hold a Doctorate degree in fisheries
and/or other related disciplines. The organizational structure and staffing pattern shall be
approved by the Department: Provided, however, That the staffing pattern and
remunerations for scientific and technical staff shall be based on the qualification
standards for science and technology personnel.
Section 84. Research and Development Objectives. - Researches to be done by the
NFRDI are expected to result in the following:
(a) To raise the income of the fisherfolk and to elevate the Philippines among
the top five (5) in the world ranking in the fish productions;
(b) to make the country's fishing industry in the high seas competitive;
(c) to conduct social research on fisherfolk families for a better understanding of
their conditions and needs; and
(d) to coordinate with the fisheries schools, LGUs and private sectors regarding
the maximum utilization of available technology, including the transfer of such
technology to the industry particularly the fisherfolk.
Section 85. Functions of the NFRDI . - As a national institute, the NFRDI shall have the
following functions:
(a) establish a national infrastructure unit complete with technologically-
advanced features and modern scientific equipment, which shall facilitate,
monitor, and implement various research needs and activities of the fisheries
sector;
(b) provide a venue for intensive training and development of human resources
in the field of fisheries, a repository of all fisheries researches and scientific
information;
(c) provide intensive training and development of human resources in the field of
fisheries for the maximum utilization of available technology;
(d) hasten the realization of the economic potential of the fisheries sector by
maximizing developmental research efforts in accordance with the requirements
of the national fisheries conservations and development programs, also possibly
through collaborative effort with international institutions; and
(e) formally establish, strengthen and expand the network of fisheries-
researching communities through effective communication linkages nationwide.
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 or gather
fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers for a
fishing vessel shall constitute a prima facie presumption that the person and/or vessel is
engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for
leisure which is not for commercial, occupation or livelihood purposes may be allowed.
It shall be unlawful for any commercial fishing vessel to fish in bays and in such other
fishery management areas which may hereinafter be declared as over-exploited.
Any commercial fishing boat captain or the three (3) highest officers of the boat who
commit any of the above prohibited acts upon conviction shall be punished by a fine
equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher,
and imprisonment of six (6) months, confiscation of catch and fishing gears, and
automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to
engage in any commercial fishing activity in municipal waters. Any municipal fisherfolk
who commits such violation shall be punished by confiscation of catch and a fine of Five
hundred pesos (500.00).
Section 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie
evidence that the vessel is engaged in fishing in Philippine waters.
Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars
(US$100,000.00), in addition to the confiscation of its catch, fishing equipment and
fishing vessel: Provided, That the Department is empowered to impose an administrative
fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two
hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine
Currency.
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or
Electricity. -
(1) It shall be unlawful for any person to catch, take or gather or cause to be
caught, taken or gathered, fish or any fishery species in Philippine waters with
the use of electricity, explosives, noxious or poisonous substance such as
sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or
render unconscious fish or fishery species: Provided, That the Department,
subject to such safeguards and conditions deemed necessary and endorsement
from the concerned LGUs, may allow, for research, educational or scientific
purposes only, the use of electricity, poisonous or noxious substances to catch,
take or gather fish or fishery species: Provided, further, That the use of
poisonous or noxious substances to eradicate predators in fishponds in
accordance with accepted scientific practices and without causing adverse
environmental impact in neighboring waters and grounds shall not be construed
as illegal fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal
in, sell or in any manner dispose of, any fish or fishery species which have been
illegally caught, taken or gathered.
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. The discovery in any fishing vessel of fish caught or killed with the use of
explosive, noxious or poisonous substances or by electricity shall constitute
prima facie evidence that the fisherfolk, operator, boat official or fishworker is
fishing with the use thereof.
(2) Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by imprisonment
ranging from six (6) months to two (2) years.
(3) Actual use of explosives, noxious or poisonous substances or electrofishing
devices for illegal fishing shall be punishable by imprisonment ranging from five
(5) years to ten (10) years 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. - It shall be unlawful to engage in fishing using nets
with mesh smaller than that which may be fixed by the Department: Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels,
elvers, tabios, and alamang and such species which by their nature are small but already
mature to be identified in the implementing rules and regulations by the Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment from six (6) months
to two (2) years or both such fine and imprisonment at the discretion of the court:
Provided, That if the offense is committed by a commercial fishing vessel, the boat
captain and the master fisherman shall also be subject to the penalties provided herein:
Provided, further, That the owner/operator of the commercial fishing vessel who violates
this provision shall be subjected to the same penalties provided herein: Provided, finally,
That the Department is hereby empowered to impose upon the offender an
administrative fine and/or cancel his permit or license or both.
Section 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas. - It shall be unlawful to engage in fishing in municipal waters and in
all bays as well as other fishery management areas using active fishing gears as defined
in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(1) The boat captain and master fisherman of the vessels who participated in
the violation shall suffer the penalty of imprisonment from two (2) years to six (6)
years;
(2) The owner/operator of the vessel shall be fined from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (20,000.00) upon the discretion of the
court.
If the owner/operator is a corporation, the penalty shall be imposed on the chief
executive officer of the Corporation.
If the owner/operator is a partnership the penalty shall be imposed on the
managing partner.
(3) The catch shall be confiscated and forfeited.
Section 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful for any
person or corporation to gather, possess, sell or export ordinary precious and semi-
precious corals, whether raw or in processed form, except for scientific or research
purposes.
Violations of this provision shall be punished by imprisonment from six (6) months to two
(2) years and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(20,000.00), or both such fine and imprisonment, at the discretion of the court, and
forfeiture of the subject corals, including the vessel and its proper disposition.
The confiscated corals shall either be returned to the sea or donated to schools and
museums for educational or scientific purposes or disposed through other means.
Section 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs
and Other Marine Habitat. - It shall be unlawful for any person, natural or juridical, to
fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine
life habitat as may be determined by the Department. "Muro-Ami" and any of its variation,
and such similar gear and methods that require diving, other 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.
The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers
who violate this provision shall suffer a penalty of two (2) years to ten (10) years
imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) or both such fine and imprisonment, at the
discretion of the court. The catch and gear used shall be confiscated.
It shall likewise be unlawful for any person or corporation to gather, sell or export white
sand, silica, pebbles and any other substances which make up any marine habitat.
The person or corporation who violates this provision shall suffer a penalty of two (2)
years to ten (10) years imprisonment and a fine of not less than One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such fine
and imprisonment, at the discretion of the court. The substance taken from its marine
habitat shall be confiscated.
Section 93. Illegal Use of Superlights. - It shall be unlawful to engage in fishing with
the use of superlights in municipal waters or in violation of the rules and regulations
which may be promulgated by the Department on the use of superlights outside
municipal waters.
Violations of this provision shall be punished by imprisonment from six (6) months to two
(2) years or a fine of Five thousand pesos (P5,000.00) per superlight, or both such fine
and imprisonment at the discretion of the courts. The superlight, fishing gears and vessel
shall be confiscated.
Section 94. Conversion of Mangroves. - It shall be unlawful for any person to convert
mangroves into fishponds or for any other purposes.
Violation of the provision of this section shall be punished by imprisonment of six (6)
years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(P80,000.00): Provided, That if the area requires rehabilitation or restoration as
determined by the court, the 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. - It shall be
unlawful to fish in overfished area and during closed season.
Violation of the provision of this section shall be punished by imprisonment of six (6)
months and one (1) day to six (6) years and/or fine of Six thousand pesos (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. - It shall be
unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge
and sanctuaries.
Violation of the provision of this section shall be punished by imprisonment of two (2)
years to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty thousand
pesos (P20,000.00) 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. - It shall
be unlawful to fish or take rare, threatened or endangered species as listed in the CITES
and as determined by the Department.
Violation of the provision of this section shall be punished by imprisonment of twelve (12)
years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos
(P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit.
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.
Violation of the provision of this section shall be punished by imprisonment of six (6)
months and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos
(P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation of
license.
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. - Any
importation or exportation of fish or fisheries species in violation of this Code shall be
punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos
(P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery
species in favor of the department for its proper disposition: Provided, That violator of this
provision shall be banned from being members or stock holders of companies currently
engaged in fisheries or companies to be created in the future, the guidelines for which
shall be promulgated by the Department.
Section 101. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in
violation of catch ceilings as determined by the Department. Violation of the provision of
this section shall be punished by imprisonment of six (6) months and one (1) day to six
(6) years and/or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch,
and fishing equipment used and revocation of license.
Section 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be
unlawful.
Violation of the provision of this section shall be punished by imprisonment of six (6)
years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until
such violation ceases and the fines paid.
Section 103. Other Violations. - The following fisheries activities shall also be
considered as a violation of this Code:
(a) Failure to Comply with Minimum Safety Standards. - The owner and captain
of a commercial fishing vessel engaged in fishing who, upon demand by proper
authorities, fails to exhibit or show proof of compliance with the safety standards
provided in this Code, shall be immediately prevented from continuing with his
fishing activity and escorted to the nearest port or landing point. The license to
operate the commercial fishing vessel shall be suspended until the safety
standard has been complied with.
(b) Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish
Cages. - The FLA of the holder who fails to render a yearly report shall be
immediately cancelled: Provided, That if the offender be the owner of the
fishpond, fish pen or fish cage, he shall be subjected to the following penalties:
(1) first offense, a fine of Five hundred pesos (P500.00) per unreported hectare;
(2) subsequent offenses, a fine of One thousand pesos (1,000.00) per
unreported hectare.
(c) Gathering and Marketing of Shell Fishes. - It shall be unlawful for any person
to take, sell, transfer, or have in possession for any purpose any shell fish which
is sexually mature or below the minimum size or above the maximum quantities
prescribed for the particular species.
(d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River,
Lake or Bay. - It shall be unlawful for any person who causes obstruction to
navigation or flow or ebb of tide.
(e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish
Cages. - It shall be unlawful to construct and operate fish corrals/traps, fish pens
and fish cages without a license/permit.
Subject to the provision of subparagraph (b) of this section, violation of the above-
enumerated prohibited acts shall subject the offender to a fine ranging from Two
thousand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from
one (1) month and one (1) day to six (6) months, or both such fine and imprisonment,
upon the discretion of the court: Provided, That the Secretary is hereby empowered to
impose upon the offender an administrative fine of not more than Ten thousand pesos
(P10,000.00) or to cancel his permit or license, or to impose such fine and to cancel his
permit or license, in the discretion of the Secretary: Provided, further, That the Secretary,
or his duly authorized representative, and law enforcement agents are hereby
empowered to impound with the assistance of the Philippine Coast Guard, PNP-Maritime
Command: Provided, finally, That any person who unlawfully obstructs or delays the
inspection and/or movement of fish and fishery/aquatic products when such inspection
and/or movement is authorized under this Code, shall be subject to a fine of not more
than Ten thousand pesos (P10,000.00) or imprisonment of not more than two (2) years,
or both such fine and imprisonment, upon the discretion of the court.
Every penalty imposed for the commission of an offense shall carry with it the forfeiture of
the proceeds of such offense and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be the property of a third person not liable for the offense, but
those articles which are not subject of lawful commerce shall be destroyed.
Section 104. Commercial Fishing Vessel Operators Employing Unlicensed
Fisherfolk or Fishworker or Crew. - The owner/operator of a commercial fishing vessel
employing unlicensed fisherfolk or fishworker shall be fined Five hundred pesos
(P500.00) each for every month that the same has been employed and/or One thousand
pesos (P1,000.00) for every month for each unlicensed crew member who has been
employed.
Section 105. Obstruction of Defined Migration Paths. - Obstruction of any defined
migration paths of anadromous, catadromous and other migratory species, in areas
including, but not limited to river mouths and estuaries within a distance determined by
the concerned FARMCs shall be punished by imprisonment of seven (7) years to twelve
(12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand
pesos (P100,000.00)or both imprisonment and fine at the discretion of the court, and
cancellation of permit/license, if any, and dismantling of obstruction shall be at his own
expense and confiscation of same.
Section 106. Obstruction to Fishery Law Enforcement Officer. - The boat owner,
master or operator or any person acting on his behalf of any fishing vessel who evades,
obstructs or hinders any fishery law enforcement officer of the Department to perform his
duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the registration, permit
and/or license of the vessel including the license of the master fisherman shall be
canceled.
Section 107. Promulgation of Administrative Orders. - For purposes of fishery
regulation or other fishery adjustments, the Department in consultation with the LGUs
and local FARMCs, shall issue Fishery Administrative Orders or regulations for the
conservation, preservation, management and sustainable development of fishery and
aquatic resources.
CHAPTER VII
General Provisions
Section 108. Fisherfolk Settlement Areas. - The Department shall establish and create
fisherfolk settlement areas in coordination with concerned agencies of the government,
where certain areas of the public domain, specifically near the fishing grounds, shall be
reserved for the settlement of the municipal fisherfolk. Nothing in this section shall be
construed to vest ownership of any resettlement area to a municipal fisherfolk for whom
said areas may have been reserved for or had been actually granted to.
Section 109. Municipal Fisheries Grant Fund. - For the development, management
and conservation of the municipal resources, there is hereby created a Fishery Grant
Fund to finance fishery projects of the LGUs primarily for the upliftment of the municipal
fisherfolk. The amount of One hundred million pesos (P100,000,000.00) is hereby
appropriated out of the Department's allocation in the General Appropriations Act (GAA)
to support the Grant Fund.
For this purpose, the Department may seek financial assistance from any source and
may receive any donation therefore.
Section 110. Fishery Loan and Guarantee Fund. - Pursuant to Section 7, Article XIII of
the Constitution, there is hereby created a Fishery Loan and Guarantee Fund with an
initial of One hundred million pesos (P100,000,000.00), which shall be administered by
the Land Bank of the Philippines. The fund shall be made available for lending to
qualified borrowers to finance the development of the fishery industry under a program to
be prescribed by the Department.
For the same purpose, the Department may seek financial assistance from any source
and may receive any donation therefrom.
Section 111. Fishing Vessels Development Fund. - There is hereby created a Fishing
Vessels Development Fund to enhance the building and/or acquisition of fishing vessels.
This shall be a long-term loan facility that shall be administered by the Development
Bank of the Philippines. The amount of Two hundred and fifty million pesos
(P250,000,000.00) per year for five (5) years is hereby appropriated out of the
Department's allocation in the GAA to support this Development Fund.
Section 112. Special Fisheries Science and Approfishtech Fund. - The Department
shall provide subsidy for full technical and financial support to the development of
appropriate technology, both in fishery and ancillary industries, that are ecologically
sound, locally source-based and labor intensive, based on the requirement and needs of
the FARMCs. An initial amount of One hundred million pesos (100,000,000.00) shall be
authorized for the purpose of a Special Fisheries Science and Approfishtech Fund, and
thereafter shall be included in the GAA.
Section 113. Aquaculture Investment Fund. - An Aquaculture Investment Fund in the
minimum amount of Fifty million pesos (P50,000,000.00) shall be established for soft
loans which shall be extended to municipal fisherfolk and their organization who will
engage in aquaculture, and for the development of underdeveloped or underutilized
inland fishponds.
Section 114. Other Fisheries Financing Facilities. - In addition to fisheries credit
guarantee, grant and other similar facilities granted under this Code, qualified Filipino
fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under
existing and/or new laws, specially as to rural credit, with preference being given to
fisheries cooperatives.
Section 115. Professionalization of Fisheries Graduates. - There is hereby created a
Fisheries Board of Examiners in the Professional Regulation Commission to upgrade the
Fisheries Profession: Provided, however, That those who have passed the Civil Service
Examination for Fisheries shall automatically be granted eligibility by the Fisheries Board
of Examiners: Provided, further, That they have served the industry in either public or
private capacity for not less than five (5) years: Provided, finally, That the first Board
Examination for B.S. Fisheries Graduates shall be conducted within one (1) year from the
approval of this Code.
Section 116. Upgrading of State Fisheries Schools/Colleges. - The Department, in
coordination with the Commission on Higher Education (CHED), Department of
Education, Culture and Sports (DECS), and Technical Education and Skills Development
Authority (TESDA), shall upgrade State Fisheries Schools/Colleges which provide both
formal and non-formal education: Provided, however, That the CHED shall incorporate
Approfishtech in the curricula of fisheries schools/colleges.
The Department and the CHED shall jointly formulate standards to upgrade all fisheries
schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall
be closed.
Section 117. Inclusion of Fisheries Conservation Subjects in School Curriculum. -
Fisheries conservation subjects shall be incorporated in the curricula of elementary and
secondary schools both private and public.
Section 118. Educational campaign at all levels. - The Department, the CHED, the
DECS and the Philippine Information Agency shall launch and pursue a nationwide
educational campaign to:
(a) help realize the policies and implement the provisions of this Code;
(b) promote the development, management, conservation and proper use of the
environment;
(c) promote the principle of sustainable development; and
(d) promote the development of truly Filipino-oriented fishing and ancillary
industries.
Section 119. Infrastructure Support. - The Department in cooperation with concerned
agencies shall:
(a) prepare and implement a nationwide plan for the development of municipal
fishing ports and markets;
(b) prioritize the construction of farm-to-market roads linking the fisheries
production sites, coastal landing points and other post-harvest facilities to major
market and arterial roads/highways;
(c) identity community infrastructure facilities such as fish landing ports, ice plant
and cold storage facilities in consultation with fishery cooperatives/associations
and prepare plans and designs for their construction that would be consistent
with international environmental impact;
(d) establish and maintain quality laboratories in major fish ports and prescribe
the highest standards for the operation and maintenance of such post-harvest
facilities;
(e) arrange and make representations with appropriate funding institutions to
finance such facilities for the use of the fishery cooperatives/associations;
(f) develop and strengthen marketing facilities and promote cooperative
marketing systems; and
(g) promote and strengthen local fisheries ship-building and repair industry.
Section 120. Extension Services. - The Department shall develop cost-effective,
practical and efficient extension services on a sustained basis, in addition to those
provided by state educational institutions, especially to municipal fisherfolk in
undeveloped areas, utilizing practicable and indigenous resources and government
agencies available, and based upon a system of self-reliance and self-help.
Section 121. Protection of Sensitive Technical Information. - The Department shall
take such measures as may be necessary in order to protect trade, industrial and policy
information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers and researchers, when disclosure of such information will injure the
competitiveness or viability of domestic fisheries.
Section 122. Assistance in Collecting Information. - The Department, in coordination
with other government entities concerned, may require Filipino representatives abroad
and foreign-based personnel to assist in the collection of fisheries data and information.
Section 123. Charting of Navigational Lanes and Delineation of Municipal Waters. -
The Department shall authorize the National Mapping and Resource Information
Authority (NAMRIA) for the designation and charting of navigational lanes in fishery areas
and delineation of municipal waters. The Philippine Coast Guard shall exercise control
and supervision over such designated navigational lanes.
Section 124. Persons and Deputies Authorized to Enforce this Code and Other
Fishery Laws, Rules and Regulations. - The law enforcement officers of the
Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police
(PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other
government enforcement agencies, are hereby authorized to enforce this Code and other
fishery laws, rules and regulations. Other competent government officials and
employees, punong barangays and officers and members of fisherfolk associations who
have undergone training on law enforcement may be designated in writing by the
Department as deputy fish wardens in the enforcement of this Code and other fishery
laws, rules and regulations.
Section 125. Strengthening Prosecution and Conviction of Violators of Fishery
Laws. - The Department of Justice (DOJ) shall embark on a program to strengthen the
prosecution and conviction aspects of fishery law enforcement through augmentation of
the current complement of state prosecutors and through their continuous training and
reorientation on fishery laws, rules and regulations.
Section 126. Foreign Grants and Aids. - All foreign grants, aids, exchange programs,
loans, researches and the like shall be evaluated and regulated by the Department to
ensure that such are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the entire country.
Section 127. Mandatory Review. - The Congress of the Philippines shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it may
deem necessary, to ensure that fisheries policies and guidelines remain responsive to
changing circumstances.
CHAPTER VIII
Transitory Provisions
Section 128. Moratoria. - The Department shall, upon the recommendation of the
Bureau, have the power to declare a moratorium on the issuance of licenses for
commercial fishing vessels to operate in specified area or areas in Philippine waters for a
limited period of time if there are indications of overfishing brought about by a decrease
in the volume and sizes of fish caught therein or for conservation or ecological purposes.
No new licenses and similar privileges on exploitation of specific fishery areas in
Philippine waters and aquaculture production areas shall be issued in accordance with
this Code. Such moratoria shall not exceed five (5) years from the effectivity of this Code.
Section 129. Formulation of Implementing Rules and Regulations. - An Inter-agency
Committee is hereby created to formulate rules and regulations for the full
implementation of this Code within ninety (90) days of its effectivity: Provided, however,
That the formulated rules and regulations shall be submitted to both Houses of Congress
for information and guidance. Such rules and regulations shall take effect upon
publication in a newspaper of general circulation.
The Inter-agency Committee shall be composed of the following:
(a) Secretary of Agriculture as Chairman;
(b) Secretary of the Interior and Local Government;
(c) Secretary of Environment and Natural Resources;
(d) Secretary of Justice;
(e) Secretary of Finance;
(f) Secretary of Budget and Management;
(g) Secretary of Labor and Employment;
(h) Secretary of National Defense;
(i) Commissioner of Civil Service Commission;
(j) Director of BFAR;
(k) Executive Director of PCAMRD;
(l) General Manager of PFDA;
(m) One (1) representative from each of the following:
(a.1) The League of Provinces;
(a.2) The League of Cities;
(a.3) The League of Municipalities;
(a.4) The Liga ng mga Barangay;
(n) Representative of the municipal fisherfolk;lawphi1
(o) Representative of the commercial fishers;
(p) Representative of the non-government organizations involved in fishing
concerns; and
(q) A representative from the academe coming from the specialized fisheries
institution.
CHAPTER IX
Final Provisions
Section 130. Appropriation. - The sum necessary to effectively carry out the provisions
of this Act during the first year of implementation shall be sourced from the budget of the
DA/BFAR and other agencies performing fisheries-related functions: Provided, however,
That such amount as may be necessary to carry out the provisions of Sections 79, 109,
110, 111, 112, 113 are hereby appropriated out of the unappropriated funds of the
National Treasury. The Congress of the Philippines shall provide for the appropriations of
the Department, the NFRDI and the Fisheries Scholarship Program for the succeeding
years to be included in the annual GAA.
Section 131. Repealing Clause. - Presidential Decree No. 704, as amended by
Presidential Decree Nos. 1015 and 1058, Presidential Decree No. 977, as amended,
Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987,
Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and
other existing laws except Republic Act No. 7611, decrees, executive orders, and rules
and regulations or parts thereof, which are inconsistent with this Code, are hereby
repealed or modified accordingly.
Section 132. Separability Clause. - If any portion or provision of this Code is declared
unconstitutional or invalid, the other portions or provisions hereof, which are not affected
thereby, shall continue in full force and effect.
Section 133. Effectivity. - This Code shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general publication.
Approved: February 25, 1998lawphi1







































































PRESIDENTIAL DECREE No. 1067 December 31, 1976
A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND
CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION,
UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND
PROTECTION OF WATER RESOURCES
WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides,
inter alia, that all waters of the Philippines belong to the State;
WHEREAS, existing water legislations are piece-meal and inadequate to cope with
increasing scarcity of water and changing patterns of water use;
WHEREAS, there is a need for a Water Code based on rational concepts or integrated
and multipurpose management of water resources and sufficiently flexible to adequately
meet future developments;
WHEREAS, water is vital to national development and it has become increasingly
necessary for government to intervene actively in improving the management of water
resources;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue
of the powers in me vested by the Constitution, do hereby order and decree the
enactment of the water Code of the Philippines of 1976, as follows:
CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES
Article 1. This Code shall be known as The Water Code of the Philippines.
Article 2. The objectives of this Code are:
(a) To establish the basic principles and framework relating to the appropriation,
control and conservation of water resources to achieve the optimum
development and rational utilization of these resources;
(b) To define the extent of the rights and obligations of water users and owners
including the protection and regulation of such rights;
(c) To adopt a basic law governing the ownership, appropriation, utilization,
exploitation, development, conservation and protection of water resources and
rights to land related thereto; and
(d) To identify the administrative agencies which will enforce this Code.
Article 3. The underlying principles of this code are:
(a) All waters belong to the State.
(b) All waters that belong to the State can not be the subject to acquisitive
prescription.
(c) The State may allow the use or development of waters by administrative
concession.
(d) The utilization, exploitation, development, conservation and protection of
water resources shall be subject to the control and regulation of the government
through the National Water Resources Council, hereinafter referred to as the
Council.
(e) Preference in the use and development of waters shall consider current
usages and be responsive to the changing needs of the country.
Article 4. Waters, as used in this Code, refers to water under the grounds, water above
the ground, water in the atmosphere and the waters of the sea within the territorial
jurisdiction of the Philippines.
CHAPTER II
OWNERSHIP OF WATERS
Article 5. The following belong to the State:
(a) Rivers and their natural beds;
(b) Continuous or intermittent waters of springs and brooks running in their
natural beds and the beds themselves;
(c) Natural lakes and lagoons;
(d) All other categories of surface waters such as water flowing over lands,
water from rainfall whether natural, or artificial, and water from agriculture runoff,
seepage and drainage;
(e) Atmospheric water;
(f) Subterranean or ground waters; and,
(g) Seawater.
Article 6. The following waters found on private lands belong to the State:
(a) Continuous or intermittent waters rising on such lands;
(b) Lakes and lagoons naturally occuring on such lands;
(c) Rain water falling on such lands;
(d) Subterranean or ground waters; and,
(e) Water in swamps and marshes.
The owner of the land where the water is found may use the same for domestic purposes
without securing a permit, provided that such use shall be registered, when required by
the Council. The Council, however, may regulate such when there is wastage, or in times
of emergency.
Article 7. Subject to the provisions of this Code, any person who captures or collects
water by means of cisterns, tanks, or pools shall have exclusive control over such water
and the right to dispose of the same.
Article 8. Water legally appropriated shall be subject to the control of the appropriator
from the moment it reaches the appropriator's canal or aqueduct leading to the place
where the water will be used or stored and, thereafter, so long as it is being beneficially
used for the purposes for which it was appropriated.
CHAPTER III
APPROPRIATION OF WATERS
Article 9. Waters may be appropriated and used in accordance with the provisions of this
Code.
Appropriation of water, as used in this Code, is the acquisition of rights over the use of
waters or the taking or diverting of waters from a natural source in the manner and for
any purpose allowed by law.
Article 10. Water may be appropriated for the following purposes:
(a) Domestic
(b) Municipal
(c) Irrigation
(d) Power generation
(e) Fisheries
(f) Livestock raising
(g) Industrial
(h) Recreational, and
(i) Other purposes
Use of water for domestic purposes is the utilization of water for drinking, washing,
bathing, cooking or other household needs, home gardens, and watering of lawns or
domestic animals.
Use of water for municipal purposes is the utilization of water for supplying the water
requirements of the community.
Use of water for irrigation is the utilization of water for producing agricultural crops.
Use of water for power generation is the utilization of water for producing electrical or
mechanical power.
Use of water for fisheries is the utilization of water for the propagation and culture of fish
as a commercial enterprise.
Use of water for livestock raising is the utilization of water for large herds or flocks of
animals raised as a commercial enterprise.
Use of water for industrial purposes is the utilization of water in factories, industrial plants
and mines, including the use of water as an ingredient of a finished product.
Use of water for recreational purposes is the utilization of water for swimming pools, bath
houses, boating, water skiing, golf courses and other similar facilities in resorts and other
places of recreation.
Article 11. The State, for reasons of public policy, may declare waters not previously
appropriated, in whole or in part, exempt from appropriation for any or all purposes and,
thereupon, such waters may not be appropriated for those purposes.
Article 12. Waters appropriated for a particular purpose may be applied for another
purpose only upon prior approval of the Council and on condition that the new use does
not unduly prejudice the rights of other permittees, or require an increase in the volume
of water.
Article 13. Except as otherwise herein provided, no person, including government
instrumentalities or government-owned or controlled corporations, shall appropriate water
without a water right, which shall be evidenced by a document known as a water permit.
Water right is the privilege granted by the government to appropriate and use water.
Article 14. Subject to the provisions of this Code concerning the control, protection,
conservation, and regulation of the appropriation and use of waters, any person may
appropriate or use natural bodies of water without securing a water permit for any of the
following:
(a) Appropriation of water by means of handcarried receptacles; and
(b) Bathing or washing, watering or dipping of domestic or farm animals, and
navigation of watercrafts or transportation of logs and other objects by flotation.
Article 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who
are duly qualified by law to exploit and develop water resources, may apply for water
permits.
Article 16. Any person who desires to obtain a water permit shall file an application with
the Council who shall make known said application to the public for any protests.
In determining whether to grant or deny an application, the Council shall consider the
following: protests filed, if any; prior permits granted; the availability of water; the water
supply needed for beneficial use; possible adverse effects; land-use economics; and
other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
Article 17. The right to the use of water is deemed acquired as of the date of filing of the
application for a water permit in case of approved permits, or as of the date of actual use
in a case where no permit is required.
Article 18. All water permits granted shall be subject to conditions of beneficial use,
adequate standards of design and construction, and such other terms and conditions as
may be imposed by the Council.
Such permits shall specify the maximum amount of water which may be diverted or
withdrawn, the maximum rate of diversion or withdrawal, the time or times during the year
when water may be diverted or withdrawn, the points or points of diversion or location of
wells, the place of use, the purposes of which water may be used and such other
requirements the Council deems desirable.
Article 19. Water rights may be leaded or transferred in whole or in part to another
person with prior approval of the Council, after due notice and hearing.
Article 20. The measure and limit of appropriation of water shall be beneficial use.
Beneficial use of water is the utilization of water in the right amount during the period that
the water is needed for producing the benefits for which the water is appropriated.
Article 21. Standards of beneficial use shall be prescribed by the council for the
appropriator of water for different purposes and conditions, and the use of waters which
are appropriated shall be measured and controlled in accordance therewith.
Excepting for domestic use, every appropriator of water shall maintain water control and
measuring devices, and keep records of water withdrawal. When required by the Council,
all appropriators of water shall furnish information on water use.
Article 22. Between two or more appropriators of water from the same sources of supply,
priority in time of appropriation shall give the better right, except that in times of
emergency the use of water for domestic and municipal purposes shall have a better
right over all other uses; Provided, the where water shortage is recurrent and the
appropriator for municipal use has a lower priority in time of appropriation, then it shall be
his duty to find an alternative source of supply in accordance with conditions prescribed
by the Council.
Article 23. Priorities may be altered on grounds of greater beneficial use, multi-purpose
use, and other similar grounds after due notice and hearing, subject to payment of
compensation is proper cases.
Article 24. A water right shall be exercised in such a manner that the rights of third
persons or of other appropriators are not prejudiced thereby.
Article 25. A holder of water permit may demand the establishment of easements
necessary for the construction and maintenance of the works and facilities needed for the
beneficial use of the waters to be appropriated subject to the requirements of just
compensation and to the following conditions:
(a) That he is the owner, lessee, mortgagee or one having real right over the
land upon which he proposes to use water; and
(b) That the proposed easement is the most convenient and the least onerous to
the servient estate.
Easements relating to the appropriation and use of waters may be modified by
agreement of the contracting parties provided the same is not contrary to law or
prejudicial to third persons.
Article 26. Where water shortage is recurrent, the use of the water pursuant to a permit
may, in the interest of equitable distribution of the benefits among legal appropriators,
reduce after due notice and hearing.
Article 27. Water users shall bear the diminution of any water supply due to natural
causes or force majeure.
Article 28. Water permits shall continue to be valid as long as water is beneficially used;
however, it maybe suspended on the grounds of non-compliance with approved plans
and specifications or schedules of water distribution; use of water for a purpose other
than that for which it was granted; non-payment of water charges; wastage; failure to
keep records of water diversion, when required; and violation of any term or condition of
any permit or rules and regulations promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water for short periods
under special circumstances.
Article 29. Water permits may be revoked after due notice and hearing on grounds of
non-use; gross violation of the conditions imposed in the permit; unauthorized sale of
water; willful failure or refusal to comply with rules and regulations of any lawful order;
pollution, public nuisance or acts detrimental to public health and safety; when the
appropriator is found to be disqualified under the law to exploit and develop natural
resources of the Philippines; when, in the case, of irrigation, the land is converted to non-
agricultural purposes; and other similar grounds.
Article 30. All water permits are subject to modification or cancellation by the council,
after due notice and hearing, in favor of a project of greater beneficial use or for multi-
purpose development, and a water permittee who suffers thereby shall be duly
compensated by the entity or person in whose favor the cancellation was made.
CHAPTER IV
UTILIZATION OF WATERS
Article 31. Preference in the development of water resources shall consider security of
the State, multiple use, beneficial effects, adverse effects and costs of development.
Article 32. The utilization of subterranean or ground water shall be coordinated with that
of surface waters such as rivers, streams, springs and lakes, so that a superior right in
one not adversely affected by an inferior right in the other.
For this purpose the Council shall promulgate rules and regulations and declare the
existence of control areas for the coordinated development, protection, and utilization of
subterranean or ground water and surface waters.
Control area is an area of land where subterranean or ground water and surface water
are so interrelated that withdrawal and use in one similarly affects the other. The
boundary of a control area may be altered from time to time, as circumstances warrant.
Article 33. Water contained in open canals, aqueducts or reservoirs of private persons
may be used by any person for domestic purpose or for watering plants as long as the
water is withdrawn by manual methods without checking the stream or damaging the
canal, aqueduct or reservoir; Provided, That this right may be restricted by the owner
should it result in loss or injury to him.
Article 34. A water permittee or appropriator may use any watercourse to convey water
to another point in the watercourse for the purpose stated in a permit and such water
may be diverted or recaptured at that point by said permittee in the same amount less
allowance for normal losses in transit.
Article 35. Works for the storage, diversion, distribution and utilization of water resources
shall contain adequate provision for the prevention and control of diseases that may be
induced or spread by such works when required by the Council.
Article 36. When the reuse of waste water is feasible, it shall be limited as much as
possible, to such uses other than direct human consumption. No person or agency shall
distribute such water for public consumption until it is demonstrated that such
consumption will not adversely affect the health and safety of the public.
Article 37. In the construction and operation of hydraulic works, due consideration shall
be given to the preservation of scenic places and historical relics and, in addition to the
provisions of existing laws, no works that would required the destruction or removal of
such places or relics shall be undertaken without showing that the distribution or removal
is necessary and unaviodable.
Article 38. Authority for the construction of dams, bridges and other structures across of
which may interfere with the flow of navigable or flotable waterways shall first be secured
from the Department of Public Works, Transportation and Communications.
Article 39. Except in cases of emergency to save life or property, the construction or
repair of the following works shall be undertaken only after the plans and specifications
therefor, as may be required by the Council, are approved by the proper government
agency; dams for the diversion or storage of water; structures for the use of water power,
installations for the utilization of subterranean or ground water and other structures for
utilization of water resources.
Article 40. No excavation for the purpose of emission of a hot spring or for the
enlargement of the existing opening thereof shall be made without prior permit.
Any person or agency who intends to develop a hot spring for human consumption must
first obtain a permit from the Department of Health.
Article 41. No person shall develop a stream, lake, or spring for recreational purposes
without first securing a permit from the Council.
Article 42. Unless-otherwise ordered by the President of the Philippines and only in time
of national calamity or emergency, no person shall induce or restrain rainfall by any
method such as cloud seeding without a permit from the proper government emergency.
Article 43. No person shall raise or lower the water level of a river stream, lake, lagoon,
or marsh nor drain the same without a permit.
Article 44. Drainage systems shall be so constructed that their outlets are rivers, lakes,
the sea, natural bodies of water, or such other water course as may be approved by the
proper government agency.
Article 45. When a drainage channel is constructed by a number of persons for their
common benefit, the cost of construction and maintenance of the channel shall be borne
by each in proportion to the benefits drived.
Article 46. When artificial means are employed to drain water from higher to lower land,
the owner of the higher land shall select the routes and methods of drainage that will
cause the minimum damage to the lower lands, subject to the requirements of just
compensation.
Article 47. When the use, conveyance or storage of waters results in damage to another,
the person responsible for the damage shall pay compensation.
Article 48. When a water resources project interferes with the access of landowner to a
portion of his property or with the conveyance of irrigation or drainage water, the person
or agency constructing the project shall bear the cost of construction and maintenance of
the bridges, flumes and other structures necessary for maintaining access, irrigation, or
drainage, in addition to paying compensation for land and incidental damages.
Article 49. Any person having an easement for an aqueduct may enter upon the servient
land for the purpose of cleaning, repairing or replacing the aqueduct or the removal of
obstructions therefrom.
Article 50. Lower estates are obliged to receive the waters which naturally and without
the intervention of man flow from the higher estate, as well as the stone or earth which
they carry with them.
The owner of the lower estate can not construct works which will impede this natural flow,
unless he provides an alternative method of drainage; neither can the owner of the
higher estate make works which will increase this natural flow.
Article 51. The banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along their margins
are subject to the easement of public use in the interest of recreation, navigation,
floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than
what is necessary for recreation, navigation, floatage, fishing or salvage or to build
structures of any kind.
Article 52. The establishment, extent, form, and conditions of easements of water not
expressly determined by the provisions of this Code shall be governed by the provisions
of the Civil Code.
CHAPTER V
CONTROL OF WATERS
Article 53. To promote the best interest and the coordinated protection of flood plain
lands, the Secretary of Public Works, Transportation and Communications may declare
flood control areas and promulgate guidelines for governing flood plain management
plans in these areas.
Article 54. In declared flood control areas, rules and regulations may be promulgated to
prohibit or control activities that may damage or cause deterioration or lakes and dikes,
obstruct the flow of water, change the natural flow of the river, increase flood losses or
aggravate flood problems.
Article 55. The government may construct necessary flood control structures in declared
flood control areas, and for this purpose it shall have a legal easement as wide as may
be needed along and adjacent to the river bank and outside of the bed or channel of the
river.
Article 56. River beds, sand bars and tidal flats may not be cultivated except upon prior
permission from the Secretary of the Department of Public Works, Transportation and
Communication and such permission shall not be granted where such cultivation
obstructs the flow of water or increase flood levels so as to cause damage to other areas.
Article 57. Any person may erect levees or revetments to protect his property from flood,
encroachment by the river or change in the course of the river, provided that such
constructions does not cause damage to the property of another.
Article 58. When a river or stream suddenly changes its course to traverse private lands,
the owners of the affected lands may not compel the government to restore the river to its
former bed; nor can they restrain the government from taking steps to revert the river or
stream to its former course. The owners of the land thus affected are not entitled to
compensation for any damage sustained thereby. However, the former owners of the
new bed shall be the owners of the abandoned bed in proportion to the area lost by each.
The owners of the affected lands may undertake to return the river or stream to its old
bed at their own expense; Provided, That a permit therefor is secured from the Secretary
of Public Works, Transportation and Communication and work pertaining thereto are
commenced within two years from the change in the course of the river or stream.
Article 59. Rivers, lakes and lagoons may, upon the recommendation of the Philippines
Coast Guard, be declared navigable either in whole or in part.
Article 60. The rafting of logs and other objects on rivers and lakes which are flotable
may be controlled or prohibited during designated season of the year with due regard to
the needs of irrigation and domestic water supply and other uses of water.
Article 61. The impounding of water in ponds or reservoirs may be prohibited by the
Council upon consultation with the Department of Health if it is dangerous to public
health, or it may order that such pond or reservoir be drained if such is necessary for the
protection of public health.
Article 62. Waters of a stream may be stored in a reservoir by a permittee in such
amount as will not prejudice the right of any permittee downstream. Whoever operates
the reservoir shall, when required, release water for minimum stream flow.
All reservoir operations shall be subject to rules and regulations issued by the Council or
any proper government agency.
Article 63. The operator of a dam for the storage of water may be required to employ an
engineer possessing qualifications prescribed for the proper operations, maintenance
and administration of the dam.
Article 64. The Council shall approve the manner, location, depth, and spacing in which
borings for subterranean or ground water may be made, determine the requirements for
the registration of every boring or alteration to existing borings as well as other control
measures for the exploitation of subterranean or ground water resources, and in
coordination with the Professional Regulation Commission prescribe the qualifications of
those who would drill such borings.
No person shall drill a well without prior permission from the Council.
Article 65. Water from one river basin may be transferred to another river basin only with
approval of the Council. In considering any request for such transfer, the Council shall
take into account the full costs of the transfer, the benefits that would accrue to the basin
of origin without the transfer, the benefits would accrue to the receiving basin on account
of the transfer, alternative schemes for supplying water to the receiving basin, and other
relevant factors.
CHAPTER VI
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND
RELATED LAND RESOURCES
Article 66. After due notice and hearing when warranted by circumstances, minimum
stream flows for rivers and streams, and minimum water levels for lakes may be
established by the Council under such conditions as may be necessary for the protection
of the environment, control of pollution, navigation, prevention of salt damage, and
general public use.
Article 67. Any watershed or any area of land adjacent to any surface water or overlying
any ground water may declared by the Department of Natural Resources as protected
area Rules and regulations may be promulgated by such Department to prohibit or
control such activities by the owners or occupants thereof within the protected area which
may damage or cause the deterioration of the surface water or ground water or interfere
with the investigation, use, control, protection, management or administration of such
waters.
Article 68. It shall be the duty of any person in control of a well to prevent the water from
flowing on the surface of the land, or into any surface water, or any porous stratum under
neath the surface without being beneficially used.
Article 69. It shall be the duty of any person in control of a well containing water with
minerals or other substances injurious to man, animals, agriculture, and vegetation to
prevent such waters from flowing on the surface of the land or into any surface water or
into any other aquifer or porous stratum.
Article 70. No person shall utilize an existing well or pond or spread waters for
recharging substerranean or ground water supplies without prior permission of the
Council.
Article 71. To promote better water conservation and usage for irrigation purposes, the
merger of irrigation associations and the appropriation of waters by associations instead
of by individuals shall be encouraged.
No water permit shall be granted to an individual when his water requirement can be
supplied through an irrigation association.
Article 72. In the consideration of a proposed water resource project, due regard shall be
given to ecological changes resulting from the construction of the project in order to
balance the needs of development and the protection of the environment.
Article 73. The conservation of fish and wildlife shall receive proper consideration and
shall be coordinated with other features of water resources development programs to
insure that fish and wildlife values receive equal attention with other project purposes.
Article 74. Swamps and marshes which are owned by the State and which primary value
for waterfowl propagation or other wildlife purposes may be reserved and protected from
drainage operation and development.
Article 75. No person shall, without prior permission from the National Pollution Control
Commission, build any works that may produce dangerous or noxious substances or
perform any act which may result in the introduction of sewage, industrial waste, or any
pollutant into any source of water supply.
Water pollution is the impairment of the quality of water beyond a certain standard. This
standard may vary according to the use of the water and shall be set by the National
Pollution Control Commission.
Article 76. The establishment of cemeteries and waste disposal areas that may affect
the source of a water supply or a reservoir for domestic or municipal use shall be subject
to the rules and regulations promulgated by the Department of Health.
Article 77. Tailings from mining operations and sediments from placer mining shall not
be dumped into rivers and waterways without prior permission from the Council upon
recommendation by the National Pollution Control Commission.
Article 78. The application of agricultural fertilizers and pesticides may be prohibited or
regulated by the National Pollution Control Commission in the areas where such
application may cause pollution of a source of water supply.
CHAPTER VII
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF
THIS CODE
Article 79. The Administration and enforcement of the provisions of this Code, including
the granting of permits and the imposition of penalties for administrative violations hereof,
are hereby vested in the Council, and except in regard to those functions which under
this Code are specifically conferred upon other agencies of the government, the Council
is hereby empowered to make all decisions and determinations provided for in this Code.
Article 80. The Council may deputize any official or agency of the government to perform
any of its specific functions or activities.
Article 81. The Council shall provide a continuing program for data collection, research
and manpower development needed for the appropriation, utilization, exploitation,
conservation, and protection of the water resources of the country.
Article 82. In the implementation of the provisions of this code, the Council shall
promulgate the necessary rules and regulations which may provide for penalties
consisting of a fine not exceeding One Thousand Pesos (P1,000.00) and/or suspension
or revocation of the water permit or other right to the use of water. Violations of such
rules and regulations may be administratively dealt with by the Council.
Such rules and regulations prescribed by any government agency that pertain to the
utilization, exploitation, development, control, conservation, or protection of water
resources shall, if the Council so requires, be subject to its approval.
Article 83. The Council is hereby authorized to impose and collect reasonable fees or
charges for water resources development from water appropriators, except when it is for
purely domestic purposes.
Article 84. The Council and other agencies authorized to enforce this Code are
empowered to enter upon private lands, with previous notice to the owner, for the
purpose of conducting surveys and hydrologic investigations, and to perform such other
acts as are necessary in carrying out their functions including the power to exercise the
right of eminent domain.
Article 85. No program or project involving the appropriation, utilization, exploitation,
development, control, conservation, or protection of water resources may be undertaken
without prior approval of the Council, except those which the Council may, in its
discretion, exempt.
The Council may require consultation with the public prior to the implementation of
certain water resources development projects.
Article 86. When plans and specifications of a hydraulic structure are submitted for
approval, the government agency whose functions embrace the type of project for which
the structure is intended, shall review the plans and specifications and recommended to
the Council proper action thereon and the latter shall approve the same only when they
are inconformity with the requirements of this Code and the rules and regulations
promulgated by the Council. Notwithstanding such approval, neither the engineer who
drew up the plans and specifications of the hydraulic structure, nor the constructor who
built it, shall be relieved of his liability for damages in case of failure thereof by reason of
defect in plans and specifications, or failure due to defect in construction, within ten (10)
years from the completion of the structure.
Any action recover such damages must be brought within five (5) years following such
failure.
Article 87. The Council or its duly authorized representatives, in the exercise of its power
to investigate and decide cases brought to its cognizance, shall have the power to
administer oaths, compel the attendance of witnesses by subpoena and the production of
relevant documents by subpoena duces tecum.
Non-compliance of violation of such orders or subpoena and subpoena duces tecum
shall be punished in the same manner as indirect contempt of an inferior court upon
application by the aggrieved party with the proper Court of First Instance in accordance
with the provisions of Rules 71 of the Rules of the Court.
Article 88. The Council shall have original jurisdiction over all disputes to relating to
appropriation, utilization, exploitation, development, control, conservation and protection
of waters within the meaning and context of the provisions of this Code.
The decisions of the Council on water rights controversies shall be immediately
executory and the enforcement thereof may be suspended only when a bond, in a
amount fixed by the Council to answer for damages occasioned by the suspension or
stay of execution, shall have been filed by the appealing party, unless the suspension is
virtue of an order of a competent court.
All dispute shall be decided within sixty (60) days after the parties submit the same for
decision or resolution.
The Council shall have the power to issue writs of execution and enforce its decisions
with the assistance of local or national police agencies.
Article 89. The decisions of the Council on water rights controversies may be appealed
to the Court of First Instance of the province where the subject matter of the controversy
is situated within fifteen (15) days from the date the party appealing receives a copy of
the decision, on any of the following grounds; (1) grave abuse of discretion; (2) question
of law; and (3) questions of fact and law.
CHAPTER VIII
PENAL PROVISIONS
Article 90. The following acts shall be penalized by suspension or revocation of the
violator's water permit or other right to the use of water and/or a fine of not exceeding
One Thousand Pesos (P1,000.00), in the discretion of the Council:
(a)Appropriation of subterranean or ground water for domestic use by an
overlying landowner without registration required by the Council.
(b) Non-observance of any standard of beneficial use of water.
(c) Failure of the appropriator to keep a record of water withdrawal, when
required.
(d) Failure to comply with any of the terms or conditions in a water permit or a
water rights grant.
(e) Unauthorized use of water for a purpose other than that for which a right or
permit was granted.
(f) Construction or repair of any hydraulic work or structure without duly
approved plans and specifications, when required.
(g) Failure to install a regulating and measuring device for the control of the
volume of water appropriated, when required.
(h) Unauthorized sale, lease, or transfer of water and/or water rights.
(i) Failure to provide adequate facilities to prevent or control diseases when
required by the Council in the construction of any work for the storage,
diversion, distribution and utilization of water.
(j) Drilling of a well without permission of the Council.
(k) Utilization of an existing well or ponding or spreading of water for recharging
subterranean or ground water supplies without permission of the Council.
(l) Violation of or non-compliance with any order, rules, or regulations of the
Council.
(m) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.
(n) Malicious destruction of hydraulic works or structure valued at not exceeding
P5,000.00.
Article 91. A. A fine of not exceeding Three Thousand Pesos (P3,000.00) or
imprisonment for not more than three (3) years, or both such fine and imprisonment, in
the discretion of the Court, shall be imposed upon any person who commits any of the
following acts:
1. Appropriation of water without a water permit, unless such person is
expressly exempted from securing a permit by the provisions of this
Code.
2. Unauthorized obstruction of an irrigation canal.
3. Cultivation of a river bed, sand bar or tidal flat without permission.
4. Malicious destruction of hydraulic works or structure valued at not
exceeding Twenty-Five Thousand Pesos (P25,000.00).
B. A fine exceeding Three Thousand Pesos P3,000.00) but not more than Six
Thousand Pesos P6,000.00) or imprisonment exceeding three (3) years but not
more than six (6) years, or both such fine and imprisonment in the discretion of
the Court, shall be imposed on any person who commits any of the following
acts:
1. Distribution for public consumption of water which adversely affects
the health and safety of the public.
2. Excavation or enlargement of the opening of a hot spring without
permission.
3. Unauthorized obstruction of a river or waterway, or occupancy of a
river bank or seashore without permission.
4. Establishment of a cemetery or a waste disposal area near a source
of water supply or reservoir for domestic municipal use without
permission.
5. Constructing, without prior permission of the government agency
concerned, works that produce dangerous or noxious substances, or
performing acts that result in the introduction of sewage, industrial
waste, or any substance that pollutes a source of water supply.
6. Dumping mine tailings and sediments into rivers of waterways
without permission.
7. Malicious destruction of hydraulic works or structure valued more
than Twenty-Five Thousand Pesos (P25,000.00) but at not exceeding
One Hundred Thousand Peso (100,000.00).
C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten
Thousand Pesos (P10,000.00) or imprisonment exceeding six (6) years but not
more than twelve (12) years, or both such fine and imprisonment, in the
discretion of the Court, shall be imposed upon any person who commits any of
the following acts:
1. Misrepresentation of citizenship in order to qualify for water permit.
2. Malicious destruction of a hydraulic works or structure, valued at
more than One Hundred Thousand Pesos (P100,000.00).
Article 92. If the offense is committed by a corporation, trust, firm, partnership,
association or any other juridical person, the penalty shall be imposed upon the
President, General Manager, and other guilty officer or officers of such corporation, trust
firm, partnership, association or entity, without prejudice to the filing of a civil action
against said juridical person. If the offender is an alien, he shall be deported after serving
his sentence, without further proceedings.
After final judgment of conviction, the Court upon petition of the prosecution attorney in
the same proceedings, and after due hearing, may, when the public interest so requires,
order suspension of or dissolution of such corporation, trust, firm, partnership,
association or juridical person.
Article 93. All actions for offenses punishable under Article 91 of this Code shall be
brought before the proper court.
Article 94. Actions for offenses punishable under this Code by a fine of not more than
Three Thousand Pesos (P3,000.00) or by an imprisonment of not more than three (3)
years, or both such fine and imprisonment, shall prescribe in five (5) years; those
punishable by a fine exceeding Three Thousand Pesos (P3,000.00) but not more than
Six Thousand Pesos (P6,000.00) or an imprisonment exceeding three (3) years but not
more than six (6) years, or both such fine and imprisonment, shall prescribe in seven (7)
years; and those punishable by a fine exceeding Six Thousand Pesos (P6,000.00) but
not more than Ten Thousand Pesos (P10,000.00) or an imprisonment exceeding six (6)
years but not more than twelve (12) years, or both such fine and imprisonment, shall
prescribe in ten (10) years.
CHAPTER IX
TRANSITORY AND FINAL PROVISIONS
Article 95. Within two (2) years from the promulgation of this Code, all claims for a right
to use water existing on or before December 31, 1974 shall be registered with the
Council which shall confirm said rights in accordance with the provisions of this Code,
and shall set their respective priorities.
When priority in time of appropriation from a certain source of supply cannot be
determined, the order of preference in the use of the waters shall be as follows:
(a) Domestic and municipal use
(b) Irrigation
(c) Power generation
(d) Fisheries
(e) Livestock raising
(f) Industrial use, and
(g) Other uses.
Any claim not registered within said period shall be considered waived and the use of the
water deemed abandoned, and the water shall thereupon be available for disposition as
unappropriated waters in accordance with the provisions of this Code.
Article 96. No vested or acquired right to the use of water can arise from acts or
omissions which are against the law or which infringe upon the rights of others.
Article 97. Acts and contract under the regime of old laws, if they are valid in accordance
therewith, shall be respected, subject to the limitations established in this Code. Any
modification or extension of these acts and contracts after the promulgation of this Code,
shall be subject to the provisions hereof.
Article 98. Interim rules and regulations promulgated by the Council shall continue to
have binding force and effect, when not in conflict with the provisions of this Code.
Article 99. If any provision or part of this Code, or the application thereof to any person
or circumstance, is declared unconstitutional or invalid for any reason, the other
provisions or parts therein shall not be affected.
Article 100. The following laws, parts and/or provisions of laws are hereby repealed:
(a) The provisions of the Spanish Law on Waters of August 3, 1866, the Civil
Code of Spain of 1889 and the Civil Code of the Philippines (R.A. 386) on
ownership of waters, easements relating to waters, use of public waters and
acquisitive prescription on the use of waters, which are inconsistent with the
provisions of this Code;
(b) The provisions of R.A. 6395, otherwise known as the Revised Charter of
National Power Corporation, particularly section 3, paragraph (f), and section
12, insofar as they relate to the appropriation of waters and the grant thereof;
(c) The provisions of Act No. 2152, as amended, otherwise known as the
Irrigation Act, section 3, paragraphs (k) and (m) of P.D. No. 813, R.A. 2056;
Section 90, C.A. 137; and,
(d) All Decree, Laws, Acts, parts of Acts, rules of Court, executive orders, and
administrative regulations which are contrary to or inconsistent with the
provisions of this Code.
Article 101. This Code shall take effect upon its promulgation.
Done in the City of Manila, this 31st day of December, Nineteen Hundred and Seventy-
Six.

















REPUBLIC ACT NO. 7586

AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,
DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title - This Act shall be known and referred to as the "National Integrated
Protected Areas System Act of 1992".

SECTION 2. Declaration of Policy - Cognizant of the profound impact of man's activities on
all components of the natural environment particularly the effect of increasing population,
resource exploitation and industrial advancement and recognizing the critical importance of
protecting and maintaining the natural biological and physical diversities of the environment
notably on areas with biologically unique features to sustain human life and development, as well
as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino
people of present and future generations the perpetual existence of all native plants and animals
through the establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological
values that may be incorporated into a holistic plan representative of our natural heritage; that
effective administration of this area is possible only through cooperation among national
government, local government and concerned private organizations; that the use and enjoyment of
these protected areas must be consistent with the principles of biological diversity and sustainable
development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS),
which shall encompass outstandingly remarkable areas and biologically important public lands
that are habitats of rare and endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as
"protected areas".

SECTION 3. Categories - The following categories of protected areas are hereby
established:

a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories established by law, conventions or international agreements
which the Philippine Government is a signatory.
SECTION 4. Definition of Terms - For purposes of this Act, the following terms shall be
defined as follows:

"National Integrated Protected Areas System (NIPAS)" is the classification and administration of
all designated protected areas to maintain essential ecological processes and life-support systems,
to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;

"Protected Area" refers to identified portions of land and water set aside by reason of their unique
physical and biological significance, managed to enhance biological diversity and protected
against destructive human exploitation;

"Buffer zones" are identified areas outside the boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8 that need special development control in order to
avoid or minimize harm to the protected area;

"Indigenous cultural community" refers to a group of people sharing common bonds of language,
customs, traditions and other distinctive cultural traits and who have since time immemorial,
occupied, possessed and utilized a territory;

"National park" refers to a forest reservation essentially of natural wilderness character which has
been withdrawn from settlement, occupancy or any form of exploitation except in conformity with
approved management plan and set aside as such exclusively to conserve the area or preserve the
scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment
of these features in such areas;

"Natural monuments" is a relatively small area focused on protection of small features to protect
or preserve nationally significant natural features on account of their special interest or unique
characteristics;

"Natural biotic area" is an area set aside to allow the way of life of societies living in harmony
with the environment to adapt to modern technology at their pace;

"Natural park" is a relatively large area not materially altered by human activity where extractive
resource uses are not allowed and maintained to protect outstanding natural and scenic areas of
national or international significance for scientific, educational and recreational use;

"Protected landscapes/seascapes" are areas of national significance which are characterized by the
harmonious interaction of man and land while providing opportunities for public enjoyment
through the recreation and tourism within the normal lifestyle and economic activity of these
areas;

"Resource reserve" is an extensive and relatively isolated and uninhabited area normally with
difficult access designated as such to protect natural resources of the area for future use and
prevent or contain development activities that could affect the resource pending the establishment
of objectives which are based upon appropriate knowledge and planning;

"Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or species
of flora and fauna of national scientific importance maintained to protect nature and maintain
processes in an undisturbed state in order to have ecologically representative examples of the
natural environment available for scientific study, environmental monitoring, education, and for
the maintenance of genetic resources in a dynamic and evolutionary state;

"Tenured migrant communities" are communities within protected areas which have actually and
continuously occupied such areas for five (5) years before the designation of the same as protected
areas in accordance with this Act and are solely dependent therein for subsistence; and

"Wildlife sanctuary" comprises an area which assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic communities or physical features of the
environment where these may require specific human manipulations for their perpetuation.
SECTION 5. Establishment and Extent of the System - The establishment and
operationalization of the System shall involve the following:

All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge,
bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve,
fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as well
as identified virgin forests before the effectivity of this Act are hereby designated as initial
components of the System. The initial components of the System shall be governed by existing
laws, rules and regulations, not inconsistent with this Act;

Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the
House of Representatives a map and legal descriptions or natural boundaries of each protected
area initially comprising the System. Such maps and legal description shall, by virtue of this Act,
constitute the official documentary representation of the entire System, subject to such changes as
Congress deems necessary;

All DENR records pertaining to said protected areas, including maps and legal descriptions or
natural boundaries, copies of rules and regulations governing them, copies of public notices of,
and reports submitted to Congress regarding pending additions, eliminations, or modifications
shall be made available to the public. These legal documents pertaining to protected areas shall
also be available to the public in the respective DENR Regional Offices, Provincial Environment
and Natural Resources Offices (PENROs) and Community Environment and Natural Resources
Offices (CENROs) where NIPAS areas are located;

Within three (3) years from the effectivity of this Act, the DENR shall study and review each area
tentatively composing the System as to its suitability or non-suitability for preservation as
protected area and inclusion in the System according to the categories established in Section 3
hereof and report its findings to the President as soon as each study is completed. The study must
include in each area:
1. A forest occupants survey;
2. An ethnographic study;
3. A protected area resource profile;
4. Land use plans done in coordination with the respective Regional
Development Councils; and
5. Such other background studies as will be sufficient bases for selection.
The DENR shall:

Notify the public of proposed action through publication in a newspaper of general circulation,
and such other means as the System deems necessary in the area or areas in the vicinity of the
affected land thirty (30) days prior to the public hearing;
i. Conduct public hearings at the locations nearest to the area affected;
ii. At least thirty (30) days prior to the date of hearing, advise all Local
Government Units (LGUs) in the affected areas, national agencies concerned, people's
organizations and non-government organizations and invite such officials to submit their views on
the proposed action at the hearing not later than thirty (30) days following the date of hearing; and
iii. Give due consideration to the recommendations at the public hearing; and
provide sufficient explanation for his recommendations contrary to the general sentiments
expressed in the public hearing;
Upon receipt of the recommendations of the DENR, the President shall issue a presidential
proclamation designating the recommended areas as protected areas and providing for measures
for their protection until such time when Congress shall have enacted a law finally declaring such
recommended areas as part of the integrated protected area systems; and

Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or reclassification of each
area on which review has been completed, together with maps and legal description of boundaries.
The President, in his recommendation, may propose the alteration of existing boundaries of any or
all proclaimed protected areas, addition of any contiguous area of public land of predominant
physical and biological value. Nothing contained herein shall limit the President to propose, as
part of his recommendation to Congress, additional areas which have not been designated,
proclaimed or set aside by law, presidential decree, proclamation or executive orders as protected
area/s.
SECTION 6. Additional Areas to be Integrated to the System. - Notwithstanding the
establishment of the initial component of the additional areas with outstanding physical features,
anthropological significance and biological diversity in accordance with the provisions of Section
5d.

SECTION 7. Disestablishment as Protected Area. - When in the opinion of the DENR a
certain protected area should be withdrawn or disestablished, or its boundaries modified as
warranted by a study and sanctioned by the majority of the members of the respective boards for
the protected area as herein established in Section 11, it shall, in turn, advice Congress.
Disestablishment of a protected area under the System or modification of its boundary shall take
effect pursuant to an act of Congress. Thereafter, said area shall revert to the category of public
forests unless otherwise classified by Congress: Provided however, that after disestablishment by
Congress, the Secretary may recommend the transfer of such disestablished area to other
government agencies to serve other priority programs of national interest.

SECTION 8. Buffer Zones. - For each protected area, there shall be established peripheral
buffer zones when necessary, in the same manner as Congress establishes the protected area, to
protect the same from activities that will directly and indirectly harm it. Such buffer zones shall be
included in the individual protected area management plan that shall prepared for each protected
area. The DENR shall exercise its authority over protected areas as provided in this Act on such
area and designated as buffer zones.

SECTION 9. Management Plans. - There shall be a general management planning strategy
to serve as guide in formulating individual plans for each protected area. The management
planning strategy shall, at the minimum, promote the adoption and implementation of innovative
management techniques including if necessary, the concept of zoning, buffer zone management
for multiple use and protection, habitat conservation and rehabilitation, diversity management,
community organizing, socioeconomic and scientific researches, site-specific policy development,
pest management, and fire control. The management planning strategy shall also provide
guidelines for the protection of indigenous cultural communities, other tenured migrant
communities and sites for close coordination between and among local agencies of the
Government as well as the private sector.

Each component area of the System shall be planned and administered to further protect and
enhance the permanent preservation of its natural conditions. A management manual shall be
formulated and developed which must contain the following: an individual management plan
prepared by three (3) experts, basic background information, field inventory of the resources
within the area, an assessment of assets and limitations, regional interrelationships, particular
objectives for managing the area, appropriate division of the area into management zones, a
review of the boundaries of the area, and a design of the management programs.

SECTION 10. Administration and Management of the System. - The National Integrated
Protected Areas System is hereby placed under the control and administration of the Department
of Environment and Natural Resources. For this purpose, there is hereby created a division in the
regional offices of the Department to be called the Protected Areas and Wildlife Division in
regions where protected areas have been established, which shall be under the supervision of a
Regional Technical Director, and shall include subordinate officers, clerks, and employees as may
be proposed by the Secretary, duly approved by the Department of Budget and Management, and
appropriated by the Congress. The Service thus established shall manage protected areas and
promote the permanent preservation, to the greatest extent possible of their natural conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and
all of the following acts:

a. To conduct studies on various characteristic features and conditions of the
different protected areas, using commonalities in their characteristics, classify and define them
into categories and prescribe permissible or prohibited human activities in each category in the
System;
b. To adopt and enforce a land use scheme and zoning plan in adjoining areas
for the preservation and control of activities that may threaten the ecological balance in the
protected areas;
c. To cause the preparation of and exercise the power to review all plans and
proposals for the management of protected areas;
d. To promulgate rules and regulations necessary to carry out the provisions of
this Act;
e. To deputize field officers and delegate any of his powers under this Act and
other laws to expedite its implementation and enforcement;
f. To fix and prescribe reasonable NIPAS fees to be collected from government
agencies or any person, firm or corporation deriving benefits from the protected areas;
g. To exact administrative fees and fines as authorized in Section 21 for
violation of guidelines, rules and regulations of this Act as would endanger the viability of
protected areas;
h. To enter into contracts and/or agreements with private entities or public
agencies as may be necessary to carry out the purposes of this Act;
i. To accept in the name of the Philippine Government and in behalf of NIPAS
funds, gifts or bequests of money for immediate disbursements or other property in the interest of
the NIPAS, its activities or its services;
j. To call on any agency or instrumentality of the Government as well as
academic institutions, non-government organizations and the private sector as may be necessary to
accomplish the objectives and activities of the System;
k. To submit an annual report to the President of the Philippines and to
Congress on the status of protected areas in the country;
l. To establish a uniform marker of the System, including an appropriate and
distinctive symbol for each category in the System, in consultation with appropriate government
agencies and public and private organizations;
m. To determine the specification of the class, type and style of buildings and
other structures to be constructed in protected areas and the materials to be used;
n. Control the construction, operation and maintenance of roads, trails,
waterworks, sewerage, fire protection, and sanitation systems and other public utilities within the
protected area;
o. Control occupancy of suitable portions of the protected area and resettle
outside of said area forest occupants therein, with the exception of the members of indigenous
communities area; and
p. To perform such other functions as may be directed by the President of the
Philippines, and to do such acts as may be necessary or incidental to the accomplishment of the
purpose and objectives of the System.
SECTION 11. Protected Area Management Board. - A Protected Area Management Board for
each of the established protected area shall be created and shall be composed of the following:
The Regional Executive Director under whose jurisdiction the protected area is located; one (1)
representative from the autonomous regional government, if applicable; the Provincial
Development Officer; one (1) representative from the municipal government; one (1)
representative from each barangay covering the protected area; one (1) representative from each
tribal community, if applicable; and, at least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one (1) representative from other
departments or national government agencies involved in protected area management.

The Board shall, by a majority vote, decide the allocations for budget, approve proposals for
funding, decide matters relating to planning, peripheral protection and general administration of
the area in accordance with the general management strategy. The members of the Board shall
serve for a term of five (5) years without compensation, except for actual and necessary traveling
and subsistence expenses incurred in the performance of their duties. They shall be appointed by
the Secretary of the DENR as follows:

a. A member who shall be appointed to represent each local government down
to barangay level whose territory or portion is included in the protected area. Each appointee shall
be the person designated by the head of such LGU, except for the Provincial Development Officer
who shall serve ex officio;
b. A member from non-government organizations who shall be endorsed by
heads of organizations which are preferably based in the area or which have established and
recognized interest in protected areas;
c. The RED/s in the region/s where such protected area lies shall sit as ex officio
member of the Board and shall serve as adviser/s in matters related to the technical aspect of
management of the area; and
d. The RED shall act as chairman of the Board. When there are two (2) or more
REDs in the Board, the Secretary shall designate one (1) of them to be the Chairman. Vacancies
shall be filled in the same manner as the original appointment.
SECTION 12. Environmental Impact Assessment. - Proposals for activities which are outside
the scope of the management plan for protected areas shall be subject to an environmental impact
assessment as required by law before they are adopted, and the results thereof shall be taken into
consideration in the decision-making process.

No actual implementation of such activities shall be allowed without the required Environmental
Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA)
system. In instances where such activities are allowed to be undertaken, the proponent shall plan
and carry them out in such manner as will minimize any adverse effects and take preventive and
remedial action when appropriate. The proponent shall be liable for any damage due to lack of
caution or indiscretion.

SECTION 13. Ancestral Lands and Rights Over Them. - Ancestral lands and customary
rights and interest arising shall be accorded due recognition. The DENR shall prescribe rules and
regulations to govern ancestral lands within protected areas: Provided, that the DENR shall have
so power to evict indigenous communities from their present occupancy nor resettle them to
another area without their consent: Provided, however, That all rules and regulations, whether
adversely affecting said communities or not, shall be subjected to notice and hearing to be
participated in by members of concerned indigenous community.

SECTION 14. Survey for Energy Resources. - Consistent with the policies declared in
Section 2 hereof, protected areas, except strict nature reserves and natural parks, may be subjected
to exploration only for the purpose of gathering information on energy resources and only if such
activity is carried out with the least damage to surrounding areas. Surveys shall be conducted only
in accordance with a program approved by the DENR, and the result of such surveys shall be
made available to the public and submitted to the President for recommendation to Congress. Any
exploitation and utilization of energy resources found within NIPAS areas shall be allowed only
through a law passed by Congress.

SECTION 15. Areas Under the Management of Other Departments and Government
Instrumentalities. - Should there be protected areas, or portions thereof, under the jurisdiction of
government instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of
this Act, remain in the said department or government instrumentality; Provided, That the
department or government instrumentality exercising administrative jurisdiction over said
protected area or a portion thereof shall coordinate with the DENR in the preparation of its
management plans, upon the effectivity of this Act.

SECTION 16. Integrated Protected Areas Fund. - There is hereby established a trust fund to
be known as Integrated Protected Areas (IPAS) Fund for purposes of financing projects of the
System. The IPAS may solicit and receive donations, endowments, and grants in the form of
contributions, and such endowment shall be exempted from income or gift taxes and all other
taxes, charges or fees imposed by the Government or any political subdivision or instrumentality
thereof.

All incomes generated from the operation of the System or management of wild flora and fauna
shall accrue to the Fund and may be utilized directly by the DENR for the above purpose. These
incomes shall be derived from:

a. Taxes from the permitted sale and export of flora and fauna and other
resources from protected areas;
b. Proceeds from lease of multiple use areas;
c. Contributions from industries and facilities directly benefiting from the
protected area; and
d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed by the
PAMBs, in the amounts authorized by the DENR.

SECTION 17. Annual Report to Congress. - At the opening of each session of Congress, the
DENR shall report to the President, for transmission to Congress, on the status of the System,
regulation in force and other pertinent information, together with recommendations.

SECTION 18. Field Officers. - All officials, technical personnel and forest guards employed
in the integrated protected area service or all persons deputized by the DENR, upon
recommendation of the Management Board shall be considered as field officers and shall have the
authority to investigate and search premises and buildings and make arrests in accordance with the
rules on criminal procedure for the violation of laws and regulations relating to the protected
areas. Persons arrested shall be brought to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law enforcers and police
officers from arresting any person in the act of violating said laws and regulations.

SECTION 19. Special Prosecutors. - The Department of Justice shall designate special
prosecutors to prosecute violations of laws, rules and regulations in protected areas.

SECTION 20. Prohibited Acts. - Except as may be allowed by the nature of their categories
and pursuant to rules and regulations governing the same, the following acts are prohibited within
protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals
or products derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the
plants and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management
Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of
interest to cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures,
conducting any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.
SECTION 21. Penalties. - Whoever violates this Act or any rules and regulations issued by
the Department pursuant to this Act or whoever is found guilty by a competent court of justice of
any of the offenses in the preceding section shall be fined in the amount of not less than Five
thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the
value of the thing damaged or imprisonment for not less than one (1) year but not more than six
(6) years, or both, as determined by the court: Provided, that, if the area requires rehabilitation or
restoration as determined by the court, the offender shall be required to restore or compensate for
the restoration to the damages: Provided, further, that court shall order the eviction of the offender
from the land and the forfeiture in favor of the Government of all minerals, timber or any species
collected or removed including all equipment, devices and firearms used in connection therewith,
and any construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible for the act of his
employees and laborers: Provided, finally, that the DENR may impose administrative fines and
penalties consistent with this Act.

SECTION 22. Separability Clause. - If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections of this Act.

SECTION 23. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations inconsistent with any provisions of this Act shall be deemed repealed or modified
accordingly.

SECTION 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of general circulation.