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COMMERCIAL FISHERIES
Another activity regulated by the Philippine Fisheries Code or RA 8550 are commercial fisheries. In
general, the Code defines commercial fisheries as:
The taking of fishery species by passive or active gear for trade, business and profit beyond
subsistence or sports fishing.1
Consequently, in order to regulate commercial fisheries, the Code requires under Sec. 26 that those who
will be engaging in commercial fisheries must first obtain the necessary license. The Code provides that:
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.
Pursuant to this section, before a person or entity be able to engage in commercial fisheries, a
commercial fishing vessel license must first be obtained from the Department of Agriculture. In addition to this
license, the crew members of a fishing vessel or fisherfolks, with the exception of those duly licensed and
authorized patrons, marine engineers, radio operators and cooks, are required to apply for a separate fisherfolk
license. The section, however, excludes those commercial fishing vessels used based on international
agreements entered into by the Philippine government.
In relation to the registration of license, the Code further provides the persons who are eligible to apply
for a commercial fishing vessel license.2
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
1
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.
The Code emphasizes that the license required under Sec. 26 can only be issued to the following:
1.
Citizens of the Philippines; or
2.
Partnerships, associations, cooperatives or corporations duly registered in the Philippines
wherein at least sixty percent (60%) of the capital stock of which is owned by Filipino citizens.
This qualification is based on the constitutional requirement provided under Art. XII, Sec. 2 of the
Constitution which provides that:
xxx
The State shall protect the marines wealth in its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment exclusively to Filipino citizen.
xxx
Aside from the license, those who will be engaging in commercial fisheries must first secure Certificates
of Philippine Registry and other pertinent documents necessary for their fishing operations. An example of this
document would include, the Environmental Compliance Certificate (ECC) from the Department of Environment
and Natural Resources for all environmentally critical projects. 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.3 The EIS will be subject to the review and evaluation of the DENR and, upon its
satisfaction, it shall issue the ECC to the applicant.4
There is, however, a limitation to the use and application of licenses.5 The Code prohibits any person to
whom a license has been issued to 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.
The registration for a commercial fishing vessel license shall include:
1. All types of fishing vessels plying Philippine waters6;
2. The fishing gear it will utilize in subject to the guidelines to be implemented by the Department.7
Sec.
Sec.
Sec.
6
Sec.
7
Sec.
4
5
12,
13,
27,
28,
29,
Ibid.
Ibid.
Ibid.
Ibid.
Ibid.
These two requirements are important in order for the Department to effectively regulate the fisheries
activities. Furthermore, non-compliance with these requirements constitutes a violation of the prohibitions
provided for in the Code.8 Each commercial fishing boat license shall be renewed every three (3) years.9
Another important feature of the Code is the regulation of the fishing of Philippine commercial fishing
fleet in international waters.10Fishing vessels of Philippine registry may operate in international waters or waters
of other countries which allow such fishing operations, subject to the following conditions11:
a. There must first be compliance with the safety, manning and other requirements of the Philippine
Coast Guard, Maritime Industry Authority and other agencies concerned;
b. The vessels must be able to secure an international fishing permit and certificate of clearance from
the Department;
c. 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;
d. 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; and
e. The fishworkers on board Philippine registered fishing vessels conducting fishing activities beyond
the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers.
ARTICLE III
AQUACULTURE
Aquaculture, in its general fishery operations, involves all forms of raising and culturing fish and other
fishery species in fresh, brackish and marine water areas.12
As discussed in the earlier part of the semester, the general rule is that public lands such as tidal
swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or
alienated. The Philippine Fisheries Code, however, provides that FLA may be issued for public lands that may be
declared available for fishpond development primarily to qualified fisherfolk cooperatives or associations.13 The
Code provides that:
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
8
10
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.
Based on the abovementioned section, the following conditionsmust concur in order for an FLA to be
approved14:
(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 twentyfive (25) years:
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;
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 3 years from
the approval of the lease contract;
However, 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;
Failure to comply with this provision shall mean cancellation of FLA.
In relation to the cultivation and production requirement provided for, areas that are not fully producing
shall automatically revert to the public domain for reforestation. This also includes the reversion of all
abandoned, undeveloped or underutilized fishponds.15
14
15
The DENR, in coordination with the DA, 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 shall take all steps necessary to restore such areas in their original mangrove state.16As one
of the conditions of being granted with a license is to develop and produce on the area leased a commercial
scale within 3 years, non-compliance within such period or non-utilization within 5 years, would serve as a
ground for reversion of the leased area.
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.17
LICENSE TO OPERATE FISH PENS, FISH CAGES, FISH TRAPS AND OTHER STRUCTURES FOR THE CULTURE OF FISH
AND OTHER FISHERY PRODUCTS18
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.
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.19As such, Fisheries Administrative Order 214 (s. 2001) Code of Practice for Aquaculture was
subsequently issued.
16
Sec.
Sec.
Sec.
19
Sec.
17
18
49,
50,
51,
47,
Ibid.
Ibid.
Ibid.
Ibid.
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.
An example of a fishing sanctuary would be the Apo Island Marine Sanctuary in Dumaguete, Negros Oriental. The Apo
Island Marine Sanctuary is a protected reef where fishing is strictly prohibited. However, traditional methods of fishing are
allowed beyond the sanctuarys area and never the harmful and non-ecological methods like muro-ami and other related
methods. Traditional methods would include hook and line, bamboo traps, gill nets, spearfishing without scuba, and other kinds of
netting.20
20
CHAPTER VI
Prohibitions and Penalties
In general, the prohibitions under the RA 8550 are enumerated under Sections.86 to 103.
1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities
The Code prohibits from conducting any fishery activity in the absence of a license, lease or permit.
Persons in area who do not have the permit or registration papers for a fishing vessel shall
constitute a prima facie presumption that he
is
engaged in unauthorized fishing. However,
fishing for daily food consumption or for
leisure which is not for commercial,
occupation or livelihood purposes is allowed.
Conducting commercial fishery activities in
declared over-exploited bays and in such
other
fishery management areas shall also be
deemed unlawful under this section.21
2. Poaching in Philippine Waters
Any foreign person, corporation or entity is
prohibited 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.22
Last May 2014, 9 Chinese national were charged with a violation of this section after being caught in
Palawan.
Mesh Net23
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas24
21
The Supreme Court has ruled to enforce the ban of Danish Seine locally known as hulbot-hulbot
and Modified Danish Seine locally known as buli-buli mode of fishing in Philippine waters. The
Bureau of Fisheries Administrative Order No. 246 of has sought for a nationwide ban of hulbothulbot and buli-buli fishing.In a resolution dated July 7, the high court issued a Temporary
Restraining Order against a court order issued by the Malabon Regional Trial Court prohibiting DABFAR from implementing FAO 246.Danish Seine and its modified form are active fishing gears often
used in commercial fishing.25
*Play Hulbot-Hulbot documentary excerpt.
6. Ban on Coral Exploitation and Exportation26
7. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat27
Muro ami is a fishing method used in fishing by means of a movable bag net, detachable wings and
iron / stone weights. This is deemed to be effective in fish capture by spreading the net in an arc
around reefs or shoals which drive the fish towards the waiting net. The weights used pounds the
corals, thus destroying it.28
*Play Muro Ami movie excerpt
8. Illegal Use of Superlights29
9. Conversion of Mangroves30
Mangroves are given high importance under the Code because the mangroves are deemed to be the
foundation of the ecosystem. Thus, it is given a higher penalty compared to the other crimes.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Rubio, Gregg. SC bans hulbot-hulbot and buli-buli fishing.The Philippine Star. (May 2014).
Sec. 91, Ibid.
Sec. 92, Ibid.
Fisheries Administrative Order 203. (2000).
Sec. 93, RA 8550.
Sec. 94, Ibid.
Sec. 95, Ibid.
Sec. 96, Ibid.
Sec. 97, Ibid.
Sec. 98, Ibid.
Sec. 99, Ibid.
Sec. 100, Ibid.
Sec. 101, Ibid.
Sec. 102, Ibid.
Sec. 103, Ibid.
Ibid.
Ibid.
APPLICATION
CASE:
HON. ARSENIO N. ROLDAN, JR., in his capacity as Acting Commissioner, Philippine Fisheries Commission, and
THE PHILIPPINE NAVY vs. HON. FRANCISCO ARCA, as Presiding Judge of the Court of First Instance of Manila
(Branch 1) and MORABE, DE GUZMAN & COMPANY.
G.R. No. L-25434 (July 25, 1975)
FACTS: Members of the crew of fishing vessels of private respondent were caught in flagrante illegally
fishing with dynamite without the requisite license.
RULING: The apprehension without a warrant of arrest while committing acrime was lawful. The consequent
seizure of the vessel, its equipment and dynamites therein was held valid as an incident to a lawful arrest.
DOCTRINE: Search and seizure without a search warrant of vessels and aircrafts for violations of customs
laws have been a traditional exception to the constitutional requirement of a search warrant. This exception
also applies to seizures of fishing vessles and boats breaching our fishery laws. These vessels are normally
powered by high-speed motors that enable them to elude arrests made by government authorities
enforcing our fishery laws.
Although this case was promulgated before the Philippine Fisheries Code was enacted, this case serves
as a foundation of the proper implemention of the different environmental laws in the country, most especially
of the Code.
Application
The Local Government of General Santos city encouraged its locals to completely utilize the other parts
of the fish. Example is the use of the tuna skin and the introduction of a process or a technology which would
turn the tuna skin into a chicharon, a product well loved not only by the locals but also by the tourists.
3)Tuna Chicharon
42
Right
1) Right to explore and exploit its natural resources , to erect installations needed, to erect a safety zone
over its installations with a radius of 500 meters.
*This right does not affect the right of navigation of others. It does not extend to non-resources material in the
shelf area (ex: wrecked ship and their cargoes)
Application
ABS-CBN NEWS, MANILA - As China asserts its presence in the West Philippine Sea, Filipino fishermen are actively avoiding Scarborough Shoal in the waters
just off Zambales province.
Amid the tension in the western sea board, the Philippines has announced the opening of a new fishing ground in the east -- the Benham Rise.
Benham Rise, a 13-million hectare undersea region that has untapped potentially rich mineral and gas deposits, is located off the coast of Aurora province,
opposite the disputed waters of South China Sea.
Bureau of Fisheries and Aquatic Resources (BFAR) Director Asis Perez said more than 60 fish-aggregating devices will be installed at Benham Rise starting May
30.
"Maraming tuna, merong blue fin tuna, pinakamahal na isda. May galunggong, lapu-lapu, isdang bato," Perez said.
The government is confident the new fishing ground will not be a subject of a territorial dispute in the future.
Application
OTHER SOURCES
For Videos included in the presentation:
www.youtube.com
Philippine Map
1) Exploitation map
www.bfar.gov.ph
2) Territorial waters
www.google.com