Second Exam For Envi Law

Prepared by: OMEGA, Alfie L.
NR and Environmental Laws STM-College of LAW

WEEK1-2
'Environment': a complex of natural and anthropogenic factors
and elements that are mutually interrelated and affect the
ecological equilibrium and the quality of life, human health, the
cultural and historical heritage and the landscape.

'Environment' includes
Natural resources both biotic and abiotic, such as air, water,
soil, fauna and flora and the interactions between the same
factors;
Property which forms part of the cultural heritage;
The characteristics aspects of landscape.

1. The precautionary principle
This principle means that where there are threats of
serious or irreversible environmental damage, lack of
full scientific certainty should not be used as a reason
for postponing measures to prevent environmental
degradation. This generally means that if we are
uncertain about the potential environmental damage
caused by our activities, we should take precautions to
prevent environmental damage occurring.
The Precautionary Principle is a guiding framework for
decision-making that anticipates how our actions will
affect the environment and health of future generations.
The Principle emphasizes public participation and
stakeholder collaboration in long-term environmental
health and ecological policies and programs.

2. Common But Differentiated Responsibility (CBDR)
The phrase common but differentiated responsibility is
playing an increasing role in international law. It points
to the fact that problems which are a common concern
to mankind - such as climate change - affect all and are
affected by allnations to differing degrees. Therefore,
the responsibilities in producing solutions should also
be differentiated. This principle is found in the UNFCCC
and in the Kyoto Protocol. With regard to climate
change, there are two considerations in the application
of the CBDR principle: (a) the cumulative responsibility
of countries for the problem (historical as well as current
responsibility); (b) the ability of counties to deal with the
problem in technical and economic terms.
3. Free, prior and informed consent (FPIC)
Free prior and informed consent (FPIC), is the principle that a
community has the right to give or withhold its consent to
proposed projects that may affect the lands they customarily
own, occupy or otherwise use. FPIC, for years advanced by
FPP, is now a key principle in international law and jurisprudence
related to indigenous peoples.
4. INTERGENERATIONAL RESPONSIBILITY- The principle
means that we hold the natural resource treasures of the earth in
trust for the benefit, enjoyment and use of the generations of
humankind yet to come. It is therefore a trust endowed upon us
as trustee and depository to use and enjoy. While our
generation has the right to use the earths resources, as a
trustee and depository, we are also duty bound not to misuse or
exhaust it, so that those of our species to come in much later
years will still have something to use. This, in simple terms is the
meaning of sustainable development, using natural resources
without exhausting them.

5. The Polluter Pays Principle (PPP) is an environmental policy
principle which requires that the costs of pollution be borne by
those who cause it. In its original emergence the Polluter Pays
Principle aims at determining how the costs of pollution
prevention and control must be allocated: the polluter must pay.
Its immediate goal is that of internalizing the environmental
externalities of economic activities, so that the prices of goods
and services fully reflect the costs of production. Bugge (1996)
has identified four versions of the PPP: economically, it promotes
efficiency; legally, it promotes justice; it promotes harmonization
of international environmental policies; it defines how to allocate
costs within a State.

WEEK2-3
II. Environmental laws in the Philippines: Context,
institutional mechanisms and processes (Continuation)
1. Philippine Initiatives to Address Environmental Issues
One of the earliest notable recognition by the Philippine
government of the importance of sustainable development taking
into consideration the environment was set out in the 1987
Constitution which stipulates that The State shall protect and
advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
In 1991, the Philippines began to address the issue of climate
change in its thrust to achieve sustainable development with the
formulation of the Philippine Strategy for Sustainable
Development. As a result, the country officially adopted
the Philippine Agenda 21 which serves asthe nations blueprint
for sustainable development. During the same year, government
agencies and the Philippine Network on Climate Change were
convened to create the Inter-Agency Committee on Climate
Change (IACCC) led by the Environmental Management Bureau
of the Department of Environment and Natural Resources
(DENR). The Committee aimed at harnessing and synergizing
the various activities undertaken by the national government and
civil society in response to the crisis posed by growing problem
on climate change.
The Philippine commitment to address global environmental
issues was further manifested by its support to the United
Nations Framework Convention on Climate Change
(UNFCCC) ratified on August 2, 1994 and the Kyoto Protocol,
which was ratified on November 20, 2003. As a signatory to the
UNFCCC, the Philippines expressed adherence to the principles
of sustainable development and environmental preservation
based on the notion of equity and the unique capabilities of the
participating countries. Article 3 of the Convention states that
states who have aligned themselves with the mandates set forth
should protect the climate system for the benefit of present and
future generations of humankind, on the basis of equity and in
accordance with their common but differentiated responsibilities
and respective capabilities. In 2000, the Philippines forwarded
to the UNFCCC its Initial National Communication which
enumerated the accomplishments of the country in meeting the
objectives of the Convention. The report presented the gains
made in the fields of greenhouse gas abatement and inventory.
Also noted were significant achievements in strengthening
institutions and processes in relation to the mitigation, prevention
and adaptation initiatives in the country. Further, in adherence to
Prepared by: OMEGA, Alfie L. NR and Environmental Laws STM-College of LAW
the Kyoto Protocol, the Philippines adopted the Clean
Development Mechanism.
Also, the Philippines passed and implemented national
measures that advance the international communitys agenda
pertaining to environmental preservation. Some of the major
legislations enacted were R.A. 8749 (Clean Air Act of 1999) that
moves for an effective air quality management program that will
mitigate the worsening problem of air pollution in the
country, R.A. 8435 (Agriculture and Fisheries Modernization Act
of 1997) that establishes that the Department of Agriculture
together with other appropriate agencies, should into account
climate change, weather disturbances and annual productivity
cycles in order to forecast and formulate appropriate agricultural
and fisheries programs, R.A. 9003 (Solid Waste Management
Act of 2000) that aimed at providing a comprehensive solution to
the countrys garbage problem and R.A. 9275 (Philippine Clean
Water Act of 2004) that moves for a comprehensive water quality
management scheme.
In 2007, Administrative Order 171 was issued to create a
Presidential Task Force on Climate Change (PTFCC). The task
force is mandated to address and mitigate the impact of climate
change in the Philippines, paying special attention to adaptation,
mitigation and technological solutions. In particular, the task
force focuses on improving compliance to air emission standards
and acts to combat deforestation and environmental
degradation.
More recently, R.A. 9729 (Climate Change Act of 2009) which
aims to systematically integrate the concept of climate change in
the policy formulation and development plans of all government
agencies and units, to the end that the government will be
prepared for the impact of climate change was enacted also
creating the Philippine Climate Change Commission (PCCC).
The PCCC, an independent and autonomous body attached to
the Office of the President, shall be the sole policy making body
of the government to coordinate, monitor and evaluate the
programs and action plans relating to climate change. The
PCCC has drafted the National Framework Strategy on Climate
Change 2010-2022 which is committed towards ensuring and
strengthening the adaptation of our natural ecosystems and
human communities to climate change.

Context:
Philippine Environment Policy Presidential Decree No. 1151
Date of effectivity: June 6, 1977
Reason#1: The individual and, at times, conflicting, demands of
population growth, urbanization, industrial expansion, rapid
natural resources utilization and increasing technological
advances have resulted in a piecemeal approach concept of
environmental protection.
Reason#2: The tunnel vision concept is not conducive to the
attainment of an ideal environment situation where man and
nature can thrive in harmony with one another
Reason#3: There is an urgent need to formulate an intensive,
integrated program of environmental protection that will bring
about a concerted effort towards the protection of the entire
spectrum of the environmental impact assessments and
statements.
Continuing policy of the State(Sec.1):
a) To create, develop, maintain and improve conditions under
which man and nature can thrive in productive and enjoyable
harmony with each other;
b) To fulfill the social, economic and other requirements of
present and future generations of Filipinos; and
C) To ensure the attainment of an environmental quality that is
conducive to a life of dignity and well-being.
Right to a healthy environment (Sec.3)
Right of the people to a healthful environment.
Duty and responsibility of each individual to contribute to the
preservation and enhancement of the Philippine environment.
Environmental Impact Statements(Sec. 4) for every action,
project or undertaking which significantly affects the quality of the
environment which shall include a detailed statement on the
environmental impact, Adverse environmental effect, a finding
that the use of depletable /non-renewable resources are
warranted, and alternative to the proposed action..
June 6, 1977-establishes specific environment management
policies and prescribes environment quality standards Policies:
(a) To manage natural resources to obtain maximum benefits;
(b) To conserve natural resources for future generations
Scope: Air Quality (aircraft, vehicle emissions, radioactive
emission, pollution)
Water Quality Land Use
Scope:
Natural Resources Management and Conservation (fisheries &
aquatic, wildlife,Forestry & soil, flood control & natural calamities,
energy development, and mineral resources)
Waste management
National Environmental Protection Council (NEPC) created
under PD1121 shall assess development projects, conduct IECs,
undertake/promote research, determine incentives, etc.
Department of Education & Culture shall integrate subjects on
environmental education in school curricula at all levels.

Philippine Environment Code Presidential Decree No. 1152
Philippine Agenda 21

What is Agenda 21?
Agenda 21 is a program of action into the 21st century for
bringing the Earth into a sustainable future. It was adopted by
the participating governments of the world in the United Nations
Conference on Environment and Development (UNCED),
otherwise known as the Earth Summit, in Rio de Janeiro, Brazil
in June 1992.
What is Philippine Agenda 21 (PA 21)?
Philippine Agenda 21 (PA 21) is our own national agenda for
sustainable development. It is basically made up of:
- The Principles of Unity
- The Action Agenda
- The Implementation Strategies
PA 21 is the Philippines commitment to the UNCED. It also lays
down the mix of strategies that integrate the parameters in the
countrys overall development strategy, identifies the intervention
areas (or Action Agenda) from the national to the regional level
with the corresponding implementing platforms and plans.
What is the Vision of PA 21?
PA 21 envisions a better quality of life for all through the
development of a just, moral, creative, spiritual, economically-
vibrant, caring, diverse yet cohesive society characterized by
appropriate productivity, participatory and democratic process
and living in harmony within the limits of the carrying capacity of
nature and the integrity of creation.
What is sustainable development? Sustainable development as
defined in the PA 21 (1996) is harmonious integration of a
sound and viable economy, responsible governance, social
cohesion and ecological integrity, to ensure that development is
a life-sustaining process.
What is the Enhanced PA 21?
Ten years after the UNCED, world leaders gathered in
Johannesburg, South Africa for the World Summit on
Sustainable Development (WSSD) to reinvigorate global
commitment to sustainable development. In line with the
Johannesburg Summit, the PA 21 was updated into the
Enhanced PA 21, particularly noting that:
- The rise of globalization and the creation of an external
environment of finance, markets, and technology did not seem
conducive to sustainable development.
- The civil society needs to specify its commitments and
contributions to achieving sustainability in the updated
document.
- Government departments need to be imbued with the
sustainable development perspective with which to handle
issues properly.
What are the Goal Elements of the Enhanced PA 21?
The Enhanced PA 21 has five goal elements, as follows:
1. Poverty Reduction: Poverty is a central concern of
sustainable development. Consistent with this, the various
consultations for the updating of PA 21 have yielded poverty
reduction agenda that includes measures to create an enabling
economic environment for sustained and broad-based growth;
improve employment, productivity and income; and attain food
security.
2. Social Equity: Social equity should mean allocation of
resources on the bases of efficiency and equity to achieve
balanced development. Efficiency and equity mean the
channeling of resources to developing areas where greater
economic benefits accumulate and where there is greater need,
distribution being dependent on the practicality and urgency of
needs.
3. Empowerment and Good Governance: Empowerment is a
precondition of informal choices. Good governance is a
necessary precondition to empowerment, as empowerment is to
good governance. These two are a defining element of each
other.
4. Peace and Solidarity: The cycle of poverty and conflict goes
on as the costs of war escalate in terms of various kinds of
destruction while withholding funds for basic services, resulting
in more poverty and underdevelopment.
5. Ecological Integrity: In general, the path towards enhancing
the integrity of the countrys ecological domain will have to
involve heightened and sustained implementation of
environmental laws, as well as the continued pursuit of resource
conservation, and environmental restoration/enhancement
programs.
What is the Philippine Council for Sustainable Development?
The Philippine Council for Sustainable Development (PCSD) is a
multi-sectoral body formed to coordinate and monitor the
fulfillment of the commitments of the Philippines to the UNCED,
and later, the WSSD. It has spearheaded the formulation of PA
21.
Who are the key actors in sustainable development work?
Philippine Agenda 21 (PA 21) recognizes three key actors in
sustainable development, and their roles in different realms of
society. They are:
- Business, the key actor in economy, which is mainly concerned
with producing goods and services for people.
- Government, the key actor in polity, which is concerned with
democratic governance and security of human rights.
- Civil society, the key actor in culture, which is concerned with
the development of the social and spiritual capacities of human
beings.
Section 16, Article 2 & Article XII of the 1987 Constitution
Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.
General Welfare Clause of the Local Government Code
Sections 5(c) & 16, Chapter 2, Title One, Book I of RA 7160
Section 5. Rules of Interpretation. In the interpretation of the
provisions of this Code, the following rules shall apply:X x x.
(c) The general welfare provisions in this Code shall be liberally
interpreted to give more powers to local government units in
accelerating economic development and upgrading the quality of
life for the people in the community;
Section 16. General Welfare. Every local government unit
shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those
which are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local government
units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and
safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-
reliant scientific and technological capabilities, improve public
morals, enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace and
order, and preserve the comfort and convenience of their
inhabitants.
Reorganization Act of the Department of Environment &
Natural Resources Executive Order No. 192, s.1987
EXECUTIVE ORDER NO. 192
SECTION 1. Title. This Executive Order shall otherwise be
known as the Reorganization Act of the Department of
Environment and Natural Resources.

SECTION 2. Reorganization. The Department of Environment,
Energy and Natural Resources is hereby reorganized structurally
and functionally and renamed as the Department of Environment
and Natural Resources, hereinafter referred to as Department, in
accordance with the provisions of this Executive Order.

SECTION 3. Declaration of Policy. It is hereby declared the
policy of the State to ensure the sustainable use, development,
management, renewal and conservation of the countrys forest,
mineral, land, off-shore areas and other natural resources,
including the protection and enhancement of the quality of the
environment, and equitable access of the different segments of
the population to the development and use of the countrys
natural resources, not only for the present generation but for
future generations as well. It is also the policy of the state to
recognize and apply a true value system including social and
environmental cost implications relative to their utilization,
development and conservation of our natural resources.

SECTION 4. Mandate. The Department shall be the primary
government agency responsible for the conservation,
management, development, and proper use of the countrys
environment and natural resources, specifically forest and
grazing lands of the public domain, as well as the licensing and
regulation of all natural resources as maybe provided for by law
in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of
Filipinos.

To accomplish this mandate, the Department shall be guided by
the following objectives that will serve as basis for policy
formulation:

Assure the availability and sustainability of the
countrys natural resources through judicious use
and systematic restoration of replacement,
whenever possible;
Increase the productivity of natural resources in
order to meet the demands for forest, mineral and
land resources of a growing population;
Enhance the contribution of natural resources for
achieving national economic and social
development;
Promote equitable access to natural resources by
the different sectors of the population;
Conserve specific terrestrial and marine areas
representative of the Philippine natural and cultural
heritage for present and future generations.

SECTION 5. Powers and Functions. To accomplished its
mandate, the Department shall have the following functions:

1. Advise the President on the enactment of laws relative
to the development, use, regulation and conservation of
the countrys natural resources; and the control of
pollution;
2. Formulate, implement and supervise the governments
policies, plans and programs pertaining to the
management, conservation, development, use and
replenishment of the countrys natural resources;
3. Promulgate rules and regulations in accordance with
the law governing the exploration, development,
conservation, extraction, disposition, use and such
other commercial activities tending to cause the
depletion and degradation, of our natural resources.
4. Exercise supervision and control over forest lands,
alienable and disposal lands, and mineral resources
and in the process of exercising such control the
Department shall impose appropriate payments, fees,
charges, rentals and any such revenues for the
exploration, development, utilization or gathering of
such resources.
5. Undertake exploration, assessment, classification and
inventory of the countrys natural resources using
ground surveys, remote sensing and complementary
technologies;
6. Promote proper and mutual consultation with the
private sector involving natural resources development,
use and conservation;
7. Undertake geological surveys of the whole country
including its territorial waters;
8. Establish policies and implement programs for the:
9. Accelerated inventory, surveys and classification of
lands, forest, and mineral resources using appropriate
technology, to be able to come up with a more accurate
assessment of resource quality and quantity;
10. Equitable distribution of natural resources through the
judicious administration, regulation, utilization,
development and conservation of public lands, forest
and mineral resources (including mineral reservation
areas); that would benefit a greater number of Filipinos;
11. Promotion, development and expansion of natural
resource-based industries;
12. Preservation of cultural and natural heritage through
wildlife conservation and segregation of national parks
and other protected areas;
13. Maintenance of a wholesome natural environment by
enforcing environmental protection laws; and
14. Encouragement of greater people participation and
private initiative in natural resource management.
15. Promulgate rules and regulations necessary to:
16. Accelerate cadastral and emancipation patent surveys,
land use planning and public land titling;
17. Harness forest resources in a sustainable manner, to
assist development, support forest-based industries,
and provide raw materials to meet increasing demands,
at the same time keeping adequate reserves for
environmental stability; and
18. Expedite mineral resources surveys, promote the
production of metallic and non-metallic minerals and
encourage mineral marketing.
19. Regulate the development, disposition, extraction,
exploration and use of the countrys forest, land and
mineral resources;
20. Assume responsibility for the assessment,
development, protection, conservation, licensing and
regulation as provided for by law, where applicable, of
all natural resources; the regulation and monitoring of
service contractors, licensees, leasees, and permittees
for the extraction, exploration, development and
utilization of natural resources products; the
implementation of programs and measures with the
end view of promoting close collaboration between the
government and the private sector; the effective and
efficient classification and sub-classification of lands of
the public domain; and the enforcement of natural
resources laws, rules and regulations;
21. Promulgate rules, regulations and guidelines on the
issuance of co-production, joint venture or production
sharing agreements, licenses, permits, concessions,
leases and such other privileges and arrangement
concerning the development, exploration and utilization
of the countrys natural resources and shall continue to
oversee, supervise and police our natural resources; to
cancel or cause to cancel such privileges and
arrangement upon failure, non-compliance or violations
of any regulations, orders, and for all other causes
which are furtherance of the conservation of natural
resources and supportive of the national interest;
22. Exercise exclusive jurisdiction on the management and
disposition of all lands of the public domain and shall
continue to be the sole agency responsible for
classification, sub-classification, surveying and titling of
lands in consultation with appropriate agencies;
23. Implement measures for the regulation and supervision
of the processing of forest products, grading and
inspection of lumber and other forest products and
monitoring of the movement of timber and other forest
products;
24. Promulgate rules and regulations for the control of
water, air and land pollution;
25. Promulgate ambient, and affluent standards for water
and air quality including the allowable levels of other
pollutants and radiations;
26. Promulgate policies, rules and regulations for the
conservation of the countrys genetic resources and
biological diversity and endangered habitat;
27. Formulate an integrated, multi-sectoral and
multidisciplinary National Conservation Strategy, which
will be presented to the cabinet for the Presidents
approval;
28. Exercise other powers and functions and perform such
other acts as may be necessary, proper or incidental to
the attainment of its mandates and objectives.

SECTION 6. Structural Organization. The Department shall
consist of the Department Proper, the staff offices, the staff
bureaus and the regional/provincial/community natural resources
offices.

The Department Proper shall consist of the following:
a. Office of the Secretary
b. Offices of the Undersecretaries
c. Offices of Assistant Secretaries
d. Public Affairs Office
e. Special Concerns Office
f. Pollution Adjudication Office

The staff sectoral bureaus on the other hand, shall compose of:
a. Forest Management Bureau
b. Lands Management Bureau
c. Mines and Geo-Sciences Bureau
d. Environmental Management Bureau
e. Ecosystems Research and Development Bureau
f. Protected Areas and Wildlife Bureau

The field offices shall consist of all the department of regional
offices, the provincial offices and the community offices.

SECTION 7. Secretary of Environment and Natural
Resources. The authority and responsibility for the exercise of
the mandate of the Department, the accomplishment of its
objectives and the discharge of its powers and functions shall be
vested in the Secretary of Environment and Natural Resources,
hereinafter referred to as Secretary, who shall supervise the
Department and shall be appointed by the President. For such
purposes, the Secretary shall have the following functions;

1. Advise the President on the promulgation of rules,
regulations and other issuances relative to the
conservation, management, development and proper use
of the countrys natural resources;
2. Establish policies and standards for the efficient and
effective operations of the Department in accordance with
the programs of the government;\
3. Promulgate rules, regulations and other issuances
necessary in carrying out the Departments mandate,
objectives, policies, plans, programs and projects;
4. Exercise supervision over all functions and activities of
the Department;
5. Delegate authority for the performance of any
administrative or substantive function to subordinate
officials of the Department;
6. Perform other functions as may be provided by law or
assigned appropriately by the President.

SECTION 8. Office of the Secretary. The Office of the
Secretary shall consist of the secretary and his immediate staff.

SECTION 9. Undersecretary. The Secretary shall be assist by
five (5) Undersecretaries who shall be appointed by the
President upon the recommendation of the Secretary. The
Secretary is hereby authorized to delineate, assign and/or
reassign the respective functional areas of responsibility of the
Undersecretary, provided, that such responsibility shall be with
respect to the mandate and objectives of the Department; and
provided, further, that no Undersecretary shall be assigned
primarily administrative responsibilities. Within his functional area
of responsibilities, an Undersecretary shall have the following
functions:

1. Advise the Secretary in the promulgation of department
orders, administrative orders and other issuances, with
respect to his area of responsibility;
2. Exercise supervision over the offices, services, operating
units and officers and employees under his responsibility;
3. Promulgate rules and regulations, consistent with
Department policies, that will efficiently and effectively
govern the activities of units under his responsibility;
4. Coordinate the functions and activities of the units under
his responsibility with those of other units under the
responsibility of other Undersecretaries;
5. Exercise authority on substantive and administrative
matters related to the functions and activities of units
under his responsibility as may be delegated by the
Secretary;
6. Perform other functions as may be provided by law or
assigned appropriately by the Secretary.

SECTION 10. Assistant Secretary. The Secretary and the
Undersecretaries shall be assisted by seven (7) Assistant
Secretaries in the formulation, management and implementation
of natural resources laws, policies, plans, and programs and
projects. They shall oversee the day-to-day operations,
administration and supervision of the constituents of the
Department. The Seven (7) Assistant Secretaries shall be
responsible for the following:
1. Policy and Planning Studies
2. Foreign-Assisted and Special Projects
3. Field Operations in Luzon
4. Field Operations in Visayas
5. Field Operations in Mindanao
6. Legal Affairs
7. Management Services

SECTION 11. Public Affairs Office. There is hereby created a
Public Affairs Office, under the Office of the Secretary , to be
headed by a Director and assisted by an Assistant Director,
which shall serve as the public information arm of the
Department. It shall be responsible for disseminating information
on natural resources development policies, plans, programs and
projects; and respond to public queries related to the
development and conservation of natural resources.

The Public Affairs Offices of all bureaus are hereby abolished
and their functions are transferred to the Public Affairs Office in
accordance with Section 24 (b) hereof.

SECTION 12. Special Concerns Office. There is hereby
created a Special Concerns Office under the Office of the
Secretary, to be headed by a Director and assisted by Assistant
Director, which shall be responsible for handling priority
areas/subjects identified by the Secretary which necessitates
special and immediate attention.

SECTION 13. Forest Management Bureau. There is hereby
created a Forest Management Bureau which shall integrated and
absorb the powers and functions of the Bureau of Forest
Development (BFD) and the Wood Industry Development
Authority (WIDA), in accordance with Section 24 (e) hereof
except those line functions and powers are transferred to the
regional field office. The Forest Management Bureau, to be
headed by a Director and Assistant Director shall advise the
Secretary on matters pertaining to forest development and
conservation and shall have the following functions, but not
limited to:

1. Recommend policies and/or programs for the effective
protection, development, occupancy, management and
conservation of forest lands and watersheds, including
grazing and mangrove areas, reforestation and
rehabilitation of critically denuded/degraded forest
reservations, improvement of water resource use and
development, ancestral lands, wilderness areas and
other natural preserves, development of forest
plantations including rattan, bamboo, and other
valuable non-timber forest resources, rationalization of
the wood-based industries, regulation of the utilization
and exploitation of forest resources including wildlife, to
ensure continued supply of forest goods and services.
2. Advise the regional offices in the implementation of the
above policies and/or programs.
3. Develop plans, programs operating standards and
administrative measures to promote the Bureaus
objectives and functions.
4. Assist in the monitoring and evaluation of forestry and
watershed development projects to ensure efficiency
and effectiveness.
5. Undertake studies on the economics of forestry and
forest-based industries, including supply and demand
trends on the local, national and international levels,
identifying investment problems and opportunities, in
various areas.
6. Perform other functions as maybe assigned by the
Secretary and/or provided by law.

SECTION 14. Lands Management Bureau. There is hereby
created the Lands Management Bureau which shall absorb
functions and powers of the Bureau of Lands except those line
functions and powers which are transferred to the regional field
office. The Lands Management Bureau to be headed by a
Director and assisted by an Assistant Director shall advise the
Secretary on matters pertaining to a rational classification
management and disposition and shall have the following
functions; but not limited to:

Recommend policies and programs for the efficient and
effective administration, surveys, management and
disposition of alienable and disposable lands of the public
domain and other lands outside the responsibilities of other
government agencies; such as reclaimed areas and other
areas not needed for or are not being utilized for purposes
for which they have been established;
Advise the Regional Offices on the efficient and effective
implementation of policies, programs and projects for more
effective public lands management:
Assist in the monitoring and evaluation of land surveys,
management and disposition of lands to ensure efficiency and
effectiveness thereof
Issue standards, guidelines, regulation and orders to enforce
policies for the maximization of land use and development;
Develop operating standards and procedures to enhance the
Bureaus objectives and functions;
Assist the Secretary as Executive Officer charged with
carrying out the provisions of the Public Land Act (CA141 as
amended) who shall have direct executive control of the survey,
classification, lease, sale or any other forms of concession or
disposition and management of the lands of the public domain;
Perform other functions as may be assigned by the Secretary
and/or provided by law.

SECTION 15. Mines and Geo-Sciences Bureau. There is
hereby created the Mines and Geo-Sciences Bureau which shall
absorb the functions of the Bureau of Mines and Geo-Sciences
(BMGS), Mineral Reservations Development Board (MRDB) and
the Gold Mining Industry Development Board (GMIDB) all of
which are hereby merged in accordance with Section 24 hereof
except those line functions and powers which are transferred to
the regional field office. The Mines and Geo-Sciences Bureau, to
be headed by a Director and assisted by an Assistant Director
shall advise the Secretary on matters pertaining to geology and
mineral resources exploration, development and conservation
and shall have the following functions, but not limited to:
Recommend policies, regulations and programs pertaining
to mineral resources development and geology;
Recommend policies, regulations and oversee the
development and exploitation of mineral resources of the
sea within the countrys jurisdiction such as silica sand, gold
placer, magnetite and chromite sand, etc;
Advise the Secretary on the granting of mining rights and
contracts over areas containing metallic and non-metallic
mineral resources;
Advise the Regional Offices on the effective implementation
of mineral development and conservation programs as well
as geological surveys;
Assist in the monitoring and evaluation of the Bureaus
programs and projects to ensure efficiency and
effectiveness thereof;
Develop and promulgates standards and operating
procedures on mineral resources development and geology;
Supervise and control the development and packaging of
nationally applicable technologies on geological survey,
metallurgy; mineral resource assessment; the provision of
geological, metallurgical, chemical and rock mechanics
laboratory services; the conduct of marine geological and
geophysical survey and natural mining and exploration
drilling programs;
Perform other functions as may be assigned by the

SECTION 16. Environmental Management Bureau. There is
hereby created an Environmental Management Bureau. The
National Environmental Protection Council (NEPC), the National
Pollution Control Commission (NPCC) and the Environmental
Center of the Philippines (ECP), are hereby abolished and their
powers and functions are hereby integrated into the
Environmental Management Bureau in accordance with Section
24 (c) hereof, subject to Section 19 hereof. The Environmental
Management Bureau shall be headed by a Director and assisted
by an Assistant Director who shall advise the Secretary on
matters relating to environmental management, conservation,
and pollution control. The Environmental Management Bureau
shall have the following functions:

Recommend possible legislations, policies and programs for
environmental management and pollution control;
Advise the Regional Offices in the efficient and effective
implementation of policies, programs, and projects for the
effective and efficient environmental management and
pollution control;
Formulate environmental quality standards such as the
quality standards for water, air, land, noise and radiations;
Recommend rules and regulations for environmental impact
assessments and provide technical assistance for their
implementation and monitoring;
Formulate rules and regulations for the proper disposition of
solid wastes, toxic and hazardous substances;
Advice the Secretary on the legal aspects of environmental
management and pollution control and assist in the conduct
of public hearings in pollution cases;
Provide secretariat assistance to the Pollution Adjudication
Board, created under Section 19 hereof;
Coordinate the inter-agency committees that may be
created for the preparation of the State of the Philippine
Environment Report and the National Conservation
Strategy;
Provide assistance to the Regional Offices in the formulation
and dissemination of information on environmental and
pollution matters to the general public;
Assist the Secretary and the Regional Officers by providing
technical assistance in the implementation of environmental
and pollution laws;
Provide scientific assistance to the Regional Offices in the
conduct of environmental research programs.

SECTION 17. Ecosystems Research and Development
Bureau. The Forest Research Institute and the National
Mangrove Committee are hereby abolished and integrated into
the Ecosystems Research and Development Bureau in
accordance with Section 24 (e) hereof. The Ecosystems
Research and Development Bureau shall be headed by a
Director and assisted by an Assistant Director. The Bureau shall
have the following functions:

Formulate and recommend an integrated research
program relating to Philippine ecosystems and natural
resources such as minerals, lands, forest, as holistic
and interdisciplinary fields of inquiry;
Assist the Secretary in determining a systems of
priorities for the allocation of resources to various
technological research programs of the department;
Provide technical assistance in the implementation and
monitoring of the aforementioned research programs;
Generate technologies and provide scientific
assistance in the research and development of
technologies relevant to the sustainable use of
Philippine ecosystems and natural resources;
Assist the Secretary in the evaluation of the
effectiveness of the implementation of the integrated
research program.

The Ecosystems Research and Development Bureau shall
directly manage and administer the FORI Research Offices,
laboratories, and forest experiment stations located at UP Los
Baos and such other field laboratories as the Secretary may
assign to its direct supervision. The Bureau shall coordinate all
technological researches undertaken by the field offices, assess
and translate all recommendable findings and disseminate such
findings for all possible users and clientele.

SECTION 18. Protected Areas and Wildlife Bureau. There is
hereby created a Protected Areas and Wildlife Bureau which
shall absorb the Division of Parks and Wildlife and the Marine
Parks Program of the Bureau of Forest Development as well as:
Calauit Game Preserve and Wildlife Sanctuary, Presidential
Committee on the Conservation of Tamaraw, Ninoy Aquino
Parks and Wildlife Center formerly Parks and Wildlife Nature
Center, shares in Kabuhayan Program and Agro-Forestry State
Projects of the KKK Processing Authority, all national parks,
wildlife sanctuaries and game preserves previously managed
and administered by the Ministry of Human Settlements including
National Parks Reservation situated in the provinces of Bulacan,
Rizal, Laguna and Quezon formerly declared as Bagong Lipunan
Sites of said Ministry, Magat Forest Reservation and Mt. Arayat
National Park, formerly with the Ministry of Tourism in
accordance with Section 24 (c) hereof. The Protected Areas and
Wildlife Bureau shall be headed by a Director and assisted by an
Assistant Director. The Bureau shall have the following functions:

Formulate and recommend policies, guidelines, rules
and regulations for the establishment and management
of an Integrated Protected Areas System such as
national parks, wildlife sanctuaries and refuge, marine
parks, and biospheric reserves;
Formulate and recommend policies, guidelines, rules
and regulations for the preservation of biological
diversity, genetic resources, the endangered Philippine
flora and fauna;
Prepare an up-to-date listing of endangered Philippine
flora and fauna and recommend a program of
conservation and propagation of the same;
Assist the Secretary in the monitoring and assessment
of the management of the Integrated Protected Areas
System and provide technical assistance to the
regional offices in the implementation of programs for
these areas;
Perform other functions as may be assigned by the

SECTION 19. Pollution Adjudication Board. There is hereby
created a Pollution Adjudication Board under the Office of the
Secretary. The Board shall be composed of the Secretary as
Chairman, two (2) Undersecretaries as maybe designated by the
Secretary, the Director of the Environmental Management, and
three (3) others to be designated by the Secretary as members.
The board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control
Commission with respect to the adjudication of pollution cases
under Republic Act 3931 and Presidential Decree 984,
particularly with respect to Section 6 letters e,f,g,j,k and p of P.D.
984. The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions maybe
delegated to the regional officers of the Department in
accordance with rules and regulation to be formulated by the
Board.
SECTION 20. Field Offices of the Department. The field offices
of the Department are the Environment and Natural Resources
Regional Offices in the thirteen (13) administrative regions of the
country, the Environment and Natural Resources Provincial
Office in every province and Community Office and
municipalities wherever deemed necessary. The Regional
Offices of the Bureau of Forest Development, Bureau of Mines
and Geo-Sciences and Bureau of Lands in each thirteen (13)
administrative regions and the research centers of the Forest
Research Institute are hereby integrated into the Department-
wide Regional Environment and Natural Resources Office of the
Department, in accordance with Section 24 (e) hereof. A
Regional Office shall be headed by a Regional Executive
Director (with the Rank of Regional Director) and shall be
assisted by five (5) Regional Technical Directors (with the Rank
of Assistant Regional Director) each for Forestry, Land
Management, Mines and Geo-Sciences, Environmental
Management and Ecosystems Research. The Regional
Executive Directors and Regional Technical Directors shall be
Career Executive Service Officers.

SECTION 21. Functions of Environment and Natural
Resources Regional Office. Environment and Natural
Resources Regional Offices shall be located in the identified
regional capitals and shall have the following functions, but not
limited to:

1. Implement laws, policies, plans, programs, projects, rules
and regulations of the Department to promote the
sustainability and productivity of natural resources, social
equity in natural resources utilization and environmental
protection;
2. Provide efficient and effective delivery of services to the
people;
3. Coordinate with Regional Offices of other departments,
offices, agencies in the region and local government units
in the enforcement of natural resource conservation laws
and regulations, and in the formulation/implementation of
natural resources programs and projects;
4. Recommend and, upon approval, implement programs
and projects on forestry, minerals, and land management
disposition;
5. Conduct comprehensive inventory of natural resources in
the regions and formulate regional short and long-term
development plans for the conservation, utilization and
replacement of natural resources;
6. Evolve respective regional budget in conformity with the
priorities established by the Regional Development
Councils;
7. Supervise the processing of natural resources products,
grade and inspect minerals, lumber and other wood
processed products, and monitor the movement of these
products;
8. Conduct field researches for appropriate technologies
recommended for various projects;
9. Perform other functions as may be assigned by the

The natural resources provincial and community offices shall
absorb, respectively, the functions of the district offices of the
bureaus, which are hereby abolished in accordance with Section
24 (b) hereof. The provincial and community natural resource
office shall be headed by a provincial natural resource officer
and community natural resource officer, respectively.

Environmental Impact Assessment (EIA) System
Presidential Decree No. 1586
SECTION 1. Policy. It is hereby declared the policy of the State
to attain and maintain a rational and orderly balance between
socio-economic growth and environmental protection.
SECTION 2. Environmental Impact Statement System. There
is hereby established an Environmental Impact Statement
System founded and based on the environmental impact
statement required under Section 4 of Presidential Decree No.
1151, of all agencies and instrumentalities of the national
government, including government-owned or controlled
corporations, as well as private corporations, firms and entities
for every proposed project and undertaking which significantly
affect the quality of the environment.
SECTION 3. Determination of Lead Agency. The Minister of
Human Settlements or his designated representative is hereby
authorized to name the Lead Agencies referred to in Section 4 of
Presidential Decree No. 1151, which shall have jurisdiction to
undertake the preparation of the necessary environmental
impact statements on declared environmentally critical projects
and areas. All Environmental Impact Statements shall be
submitted to the National Environmental Protection Council for
review and evaluation.
SECTION 4. Presidential Proclamation of Environmentally
Critical Areas and Projects. The President of the Philippines
may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation
declare certain projects, undertakings or areas in the country as
environmentally critical. No person, partnership or corporation
shall undertake or operate any such declared environmentally
critical project or area without first securing an Environmental
Compliance Certificate issued by the President or his duly
authorized representative. For the proper management of said
critical project or area, the President may by his proclamation
reorganize such government offices, agencies, institutions,
corporations or instrumentalities including the re-alignment of
government personnel, and their specific functions and
responsibilities.
For the same purpose as the above, the Ministry of Human
Settlements shall: (a) prepare the proper land or water use
pattern for said critical project(s) or area(s); (b) establish ambient
environmental quality standards; (c) develop a program of
environmental enhancement or protective measures against
calamitous factors such as earthquakes, floods, water, erosion
and others, and (d) perform such other functions as maybe
directed by the President from time to time.
SECTION 5. Environmentally Non-Critical Projects. All other
projects, undertakings and areas not declared by the President
as environmentally critical shall be considered as non-critical and
shall not be required to submit an environmental impact
statement. The National Environmental Protection Council,
through the Ministry of Human Settlements may however require
non-critical projects and undertakings to provide additional
environmental safeguards as it may deem necessary.
SECTION 6. Secretariat. The National Environmental Protection
Council is hereby authorized to constitute the necessary
secretariat which will administer the Environmental Impact
Statement System and undertake the processing and evaluation
of environmental impact statements.
SECTION 7. Management and Financial Assistance. The
Ministry of Human Settlements is hereby authorized to provide
management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this
Decree financed from its existing appropriation or from budgetary
augmentation as the Minister of Human Settlements may deem
necessary.
SECTION 8. Rules and Regulations. The National
Environmental Protection Council shall issue the necessary rules
and regulations to implement this Decree. For this purpose, the
National Pollution Control Commission maybe availed of as one
of its implementing arms, consistent with the powers and
responsibilities of the National Pollution Control Commission as
provided in P.D. No. 984.
SECTION 9. Penalty for Violation. Any person, corporation or
partnership found violating Section 4, of this Decree, or the terms
and conditions in the issuance of the Environmental Compliance
Certificate, or of the standards, rules and regulations issued by
the National Environmental Protection Council pursuant to this
Decree shall be punished by the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection Council.
SECTION 10. Environmental Revolving Fund. Proceeds from
the penalties prescribed in the preceding Section 9 and other
penalties imposed by the National Pollution Control Commission
as authorized in P.D. 984 shall be automatically appropriated
into an Environment Revolving Fund hereby created as an
exemption to P.D. 711 and P.D. 1234. The fund shall be used
exclusively for the operations of the National Environmental
Protection Council and the National Pollution Control
Commission in the implementation of this Decree. The rules and
regulations for the utilization of this fund shall be formulated by
the Ministry of Human Settlements and submitted to the
President for approval.
Proclamation No. 2146 issued on December 14, 1981
PROCLAMATION NO. 2146
[DECEMBER 14, 1981]
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and
gas
d. Smelting plants
II. Resource Extractive Industries
a.Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private
forests
4. Forest occupancy
5.Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges.
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed
reserves, wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife (flora and
fauna);
4. Areas of unique historic, archaeological , or scientific
interests;
5. Areas which are traditionally occupied by cultural
communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities
geologic hazards, floods, typhoons, volcanic activity, etc.
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of
the following conditions;;
a. tapped for domestic purposes;;
b. within the controlled and/or protected areas declared by
appropriate authorities;
c. which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any combination
or the following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing
grounds;
d. which act as natural buffers against shore erosion,
strong winds and storm floods;
e. on which people are dependent for their livelihood.
12. Coral reef characterized by one or any combination of the
following conditions:
a. with 50% and above live coralline cover;
b. Spawning and nursery grounds for fish;
c. Which act as natural breakwater of coastlines.
WEEK 4 & 5
WEEK 6-7
III. Major environmental laws and international treaties &
agreements
MARINE ENVIRONMENT & FRESH WATER RESOURCES
A. United Nations Convention on the Law of the Sea,
Re: Protection and Preservation of the Marine Environment
Article 192
General obligation
States have the obligation to protect and preserve the
marine environment
.
Article 193
Sovereign right of States to exploit their natural resources
States have the sovereign right to exploit their natural resources
pursuant to their environmental policies and in accordance with
their duty to protect and preserve the marine environment.

Article 194
Measures to prevent, reduce and control pollution of the marine
environment
1. States shall take, individually or jointly as appropriate, all
measures consistent with this Convention that are necessary to
prevent, reduce and control pollution of the marine environment
from any source, using for this purpose the best practicable
means at their disposal and in accordance with their capabilities,
and they shall endeavour to harmonize their policies in this
connection.

2. States shall take all measures necessary to ensure that
activities under their jurisdiction or control are so conducted as
not to cause damage by pollution to other States and their
environment, and that pollution arising from incidents or activities
under their jurisdiction or control does not spread beyond the
areas where they exercise sovereign rights in accordance with
this Convention.

3. The measures taken pursuant to this Part shall deal with all
sources of pollution of the marine environment. These measures
shall include, inter alia, those designed to minimize to the fullest
possible extent:
(a) the release of toxic, harmful or noxious substances,
especially those which are persistent, from land-based
sources, from or through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for
preventing accidents and dealing with emergencies,
ensuring the safety of operations at sea, preventing
intentional and unintentional discharges, and regulating the
design, construction, equipment, operation and manning of
vessels;
(c) pollution from installations and devices used in
exploration or exploitation of the natural resources of the
seabed and subsoil, in particular measures for preventing
accidents and dealing with emergencies, ensuring the
safety of operations at sea, and regulating the design,
construction, equipment, operation and manning of such
installations or devices;
(d) pollution from other installations and devices operating
in the marine environment, in particular measures for
preventing accidents and dealing with emergencies,
ensuring the safety of operations at sea, and regulating the
design, construction, equipment, operation and manning of
such installations or devices.
4. In taking measures to prevent, reduce or control pollution of
the marine environment, States shall refrain from unjustifiable
interference with activities carried out by other States in the
exercise of their rights and in pursuance of their duties in
conformity with this Convention.
5. The measures taken in accordance with this Part shall include
those necessary to protect and preserve rare or fragile
ecosystems as well as the habitat of depleted, threatened or
endangered species and other forms of marine life.
Article 195
Duty not to transfer damage or hazards or transform one type of
pollution into another
In taking measures to prevent, reduce and control pollution of the
marine environment, States shall act so as not to transfer,
directly or indirectly, damage or hazards from one area to
another or transform one type of pollution into another.
Article 196
Use of technologies or introduction of alien or new species
1. States shall take all measures necessary to prevent, reduce
and control pollution of the marine environment resulting from
the use of technologies under their jurisdiction or control, or the
intentional or accidental introduction of species, alien or new, to
a particular part of the marine environment, which may cause
significant and harmful changes thereto.
2. This article does not affect the application of this Convention
regarding the prevention, reduction and control of pollution of the
marine environment.
Section 2. Global and Regional Cooperation
Article 197
Cooperation on a global or regional basis
States shall cooperate on a global basis and, as appropriate, on
a regional basis, directly or through competent international
organizations, in formulating and elaborating international rules,
standards and recommended practices and procedures
consistent with this Convention, for the protection and
preservation of the marine environment, taking into account
characteristic regional features.
Article 198
Notification of imminent or actual damage
When a State becomes aware of cases in which the marine
environment is in imminent danger of being damaged or has
been damaged by pollution, it shall immediately notify other
States it deems likely to be affected by such damage, as well as
the competent international organizations.
Article 199
Contingency plans against pollution
In the cases referred to in article 198, States in the area affected,
in accordance with their capabilities, and the competent
international organizations shall cooperate, to the extent
possible, in eliminating the effects of pollution and preventing or
minimizing the damage. To this end, States shall jointly develop
and promote contingency plans for responding to pollution
incidents in the marine environment.
Article 200
Studies, research programmes and exchange of information and
data
States shall cooperate, directly or through competent
international organizations, for the purpose of promoting studies,
undertaking programmes of scientific research and encouraging
the exchange of information and data acquired about pollution of
the marine environment. They shall endeavour to participate
actively in regional and global programmes to acquire knowledge
for the assessment of the nature and extent of pollution,
exposure to it, and its pathways, risks and remedies.
Article 201
Scientific criteria for regulations
In the light of the information and data acquired pursuant to
article 200, States shall cooperate, directly or through competent
international organizations, in establishing appropriate scientific
criteria for the formulation and elaboration of rules, standards
and recommended practices and procedures for the prevention,
reduction and control of pollution of the marine environment.
Section 3. Technical Assistance
Article 202
Scientific and technical assistance to developing States
States shall, directly or through competent international
organizations:
(a) promote programmes of scientific, educational, technical and
other assistance to developing States for the protection and
preservation of the marine environment and the prevention,
reduction and control of marine pollution. Such assistance shall
include, inter alia:
(i) training of their scientific and technical personnel;
(ii) facilitating their participation in relevant international
programmes;
(iii) supplying them with necessary equipment and facilities;
(iv) enhancing their capacity to manufacture such
equipment;
(v) advice on and developing facilities for research,
monitoring, educational and other programmes;
(b) provide appropriate assistance, especially to developing
States, for the minimization of the effects of major incidents
which may cause serious pollution of the marine environment;
(c) provide appropriate assistance, especially to developing
States, concerning the preparation of environmental
assessments.
Article 203
Preferential treatment for developing States
Developing States shall, for the purposes of prevention,
reduction and control of pollution of the marine environment or
minimization of its effects, be granted preference by international
organizations in:
(a) the allocation of appropriate funds and technical
assistance; and
(b) the utilization of their specialized services.
Section 4. Monitoring and Environmental Assessment
Article 204
Monitoring of the risks or effects of pollution
1. States shall, consistent with the rights of other States,
endeavour, as far as practicable, directly or through the
competent international organizations, to observe, measure,
evaluate and analyse, by recognized scientific methods, the risks
or effects of pollution of the marine environment.
2. In particular, States shall keep under surveillance the effects
of any activities which they permit or in which they engage in
order to determine whether these activities are likely to pollute
the marine environment.
Article 205
Publication of reports
States shall publish reports of the results obtained pursuant to
article 204 or provide such reports at appropriate intervals to the
competent international organizations, which should make them
available to all States.

Article 206
Assessment of potential effects of activities
When States have reasonable grounds for believing that planned
activities under their jurisdiction or control may cause substantial
pollution of or significant and harmful changes to the marine
environment, they shall, as far as practicable, assess the
potential effects of such activities on the marine environment and
shall communicate reports of the results of such assessments in
the manner provided in article 205.
Section 5. International Rules and National Legislation to
Prevent, Reduce and Control Pollution of the Marine
Environment

Article 207
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and
control pollution of the marine environment from land-based
sources, including rivers, estuaries, pipelines and outfall
structures, taking into account internationally agreed rules,
standards and recommended practices and procedures.
2. States shall take other measures as may be necessary to
prevent, reduce and control such pollution.
3. States shall endeavour to harmonize their policies in this
connection at the appropriate regional level.
4. States, acting especially through competent international
organizations or diplomatic conference, shall endeavour to
establish global and regional rules, standards and recommended
practices and procedures to prevent, reduce and control pollution
of the marine environment from land-based sources, taking into
account characteristic regional features, the economic capacity
of developing States and their need for economic development.
Such rules, standards and recommended practices and
procedures shall be re-examined from time to time as necessary.
5. Laws, regulations, measures, rules, standards and
recommended practices and procedures referred to in
paragraphs 1, 2 and 4 shall include those designed to minimize,
to the fullest extent possible, the release of toxic, harmful or
noxious substances, especially those which are persistent, into
the marine environment.
Article 208

Pollution from seabed activities subject to national jurisdiction
1 Coastal States shall adopt laws and regulations to prevent,
reduce and control pollution of the marine environment arising
from or in connection with seabed activities subject to their
jurisdiction and from artificial islands, installations and structures
under their jurisdiction, pursuant to articles 60 and 80.
3. Such laws, regulations and measures shall be no less
effective than international rules, standards and recommended
practices and procedures.
4. States shall endeavour to harmonize their policies in this
connection at the appropriate regional level.
organizations or diplomatic conference, shall establish global
and regional rules, standards and recommended practices and
procedures to prevent, reduce and control pollution of the marine
environment referred to in paragraph l. Such rules, standards
and recommended practices and procedures shall be re-
examined from time to time as necessary.
Article 209

Pollution from activities in the Area
1. International rules, regulations and procedures shall be
established in accordance with Part XI to prevent, reduce and
control pollution of the marine environment from activities in the
Area. Such rules, regulations and procedures shall be re-
examined from time to time as necessary.
2. Subject to the relevant provisions of this section, States shall
adopt laws and regulations to prevent, reduce and control
pollution of the marine environment from activities in the Area
undertaken by vessels, installations, structures and other
devices flying their flag or of their registry or operating under
their authority, as the case may be. The requirements of such
laws and regulations shall be no less effective than the
international rules, regulations and procedures referred to in
paragraph 1.

Article 210
Pollution by dumping
control pollution of the marine environment by dumping.
3. Such laws, regulations and measures shall ensure that
dumping is not carried out without the permission of the
competent authorities of States.
practices and procedures to prevent, reduce and control such
pollution. Such rules, standards and recommended practices and
procedures shall be re-examined from time to time as necessary.
5. Dumping within the territorial sea and the exclusive economic
zone or onto the continental shelf shall not be carried out without
the express prior approval of the coastal State, which has the
right to permit, regulate and control such dumping after due
consideration of the matter with other States which by reason of
their geographical situation may be adversely affected thereby.
6. National laws, regulations and measures shall be no less
effective in preventing, reducing and controlling such pollution
than the global rules and standards.
Article 211
Pollution from vessels
1. States, acting through the competent international
organization or general diplomatic conference, shall establish
international rules and standards to prevent, reduce and control
pollution of the marine environment from vessels and promote
the adoption, in the same manner, wherever appropriate, of
routeing systems designed to minimize the threat of accidents
which might cause pollution of the marine environment, including
the coastline, and pollution damage to the related interests of
coastal States. Such rules and standards shall, in the same
manner, be re-examined from time to time as necessary.
2. States shall adopt laws and regulations for the prevention,
reduction and control of pollution of the marine environment from
vessels flying their flag or of their registry. Such laws and
regulations shall at least have the same effect as that of
generally accepted international rules and standards established
through the competent international organization or general
diplomatic conference.
3. States which establish particular requirements for the
prevention, reduction and control of pollution of the marine
environment as a condition for the entry of foreign vessels into
their ports or internal waters or for a call at their off-shore
terminals shall give due publicity to such requirements and shall
communicate them to the competent international organization.
Whenever such requirements are established in identical form by
two or more coastal States in an endeavour to harmonize policy,
the communication shall indicate which States are participating
in such cooperative arrangements. Every State shall require the
master of a vessel flying its flag or of its registry, when navigating
within the territorial sea of a State participating in such
cooperative arrangements, to furnish, upon the request of that
State, information as to whether it is proceeding to a State of the
same region participating in such cooperative arrangements and,
if so, to indicate whether it complies with the port entry
requirements of that State. This article is without prejudice to the
continued exercise by a vessel of its right of innocent passage or
to the application of article 25, paragraph 2.
4. Coastal States may, in the exercise of their sovereignty within
their territorial sea, adopt laws and regulations for the prevention,
reduction and control of marine pollution from foreign vessels,
including vessels exercising the right of innocent passage. Such
laws and regulations shall, in accordance with Part II, section 3,
not hamper innocent passage of foreign vessels.
5. Coastal States, for the purpose of enforcement as provided for
in section 6, may in respect of their exclusive economic zones
adopt laws and regulations for the prevention, reduction and
control of pollution from vessels conforming to and giving effect
to generally accepted international rules and standards
established through the competent international organization or
general diplomatic conference.
6.
(a) Where the international rules and standards referred to in
paragraph 1 are inadequate to meet special circumstances and
coastal States have reasonable grounds for believing that a
particular, clearly defined area of their respective exclusive
economic zones is an area where the adoption of special
mandatory measures for the prevention of pollution from vessels
is required for recognized technical reasons in relation to its
oceanographical and ecological conditions, as well as its
utilization or the protection of its resources and the particular
character of its traffic, the coastal States, after appropriate
consultations through the competent international organization
with any other States concerned, may, for that area, direct a
communication to that organization, submitting scientific and
technical evidence in support and information on necessary
reception facilities. Within 12 months after receiving such a
communication, the organization shall determine whether the
conditions in that area correspond to the requirements set out
above. If the organization so determines, the coastal States may,
for that area, adopt laws and regulations for the prevention,
reduction and control of pollution from vessels implementing
such international rules and standards or navigational practices
as are made applicable, through the organization, for special
areas. These laws and regulations shall not become applicable
to foreign vessels until 15 months after the submission of the
communication to the organization.
(b) The coastal States shall publish the limits of any such
particular, clearly defined area.
(c) If the coastal States intend to adopt additional laws and
regulations for the same area for the prevention, reduction and
control of pollution from vessels, they shall, when submitting the
aforesaid communication, at the same time notify the
organization thereof. Such additional laws and regulations may
relate to discharges or navigational practices but shall not
require foreign vessels to observe design, construction, manning
or equipment standards other than generally accepted
international rules and standards; they shall become applicable
to foreign vessels 15 months after the submission of the
communication to the organization, provided that the
organization agrees within 12 months after the submission of the
communication.
7. The international rules and standards referred to in this article
should include inter alia those relating to prompt notification to
coastal States, whose coastline or related interests may be
affected by incidents, including maritime casualties, which
involve discharges or probability of discharges.
Article 212
Pollution from or through the atmosphere
control pollution of the marine environment from or through the
atmosphere, applicable to the air space under their sovereignty
and to vessels flying their flag or vessels or aircraft of their
registry, taking into account internationally agreed rules,
standards and recommended practices and procedures and the
safety of air navigation.
practices and procedures to prevent, reduce and control such
pollution.
Section 6. Enforcement
Article 213
Enforcement with respect to pollution from land-based sources
States shall enforce their laws and regulations adopted in
accordance with article 207 and shall adopt laws and regulations
and take other measures necessary to implement applicable
international rules and standards established through competent
international organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment from
land-based sources.

Article 214
Enforcement with respect to pollution from seabed activities
States shall enforce their laws and regulations adopted in
accordance with article 208 and shall adopt laws and regulations
and take other measures necessary to implement applicable
international rules and standards established through competent
international organizations or diplomatic conference to prevent,
reduce and control pollution of the marine environment arising
from or in connection with seabed activities subject to their
jurisdiction and from artificial islands, installations and structures
under their jurisdiction, pursuant to articles 60 and 80.

Article 215
Enforcement with respect to pollution from activities in the Area
Enforcement of international rules, regulations and procedures
established in accordance with Part XI to prevent, reduce and
control pollution of the marine environment from activities in the
Area shall be governed by that Part.

Article 216
Enforcement with respect to pollution by dumping
1. Laws and regulations adopted in accordance with this
Convention and applicable international rules and standards
established through competent international organizations or
diplomatic conference for the prevention, reduction and control of
pollution of the marine environment by dumping shall be
enforced:
(a) by the coastal State with regard to dumping within its
territorial sea or its exclusive economic zone or onto its
continental shelf;
(b) by the flag State with regard to vessels flying its flag or
vessels or aircraft of its registry;
(c) by any State with regard to acts of loading of wastes or other
matter occurring within its territory or at its off-shore terminals.
2. No State shall be obliged by virtue of this article to institute
proceedings when another State has already instituted
proceedings in accordance with this article.
Article 217
Enforcement by flag States
1. States shall ensure compliance by vessels flying their flag or
of their registry with applicable international rules and standards,
general diplomatic conference, and with their laws and
regulations adopted in accordance with this Convention for the
prevention, reduction and control of pollution of the marine
environment from vessels and shall accordingly adopt laws and
regulations and take other measures necessary for their
implementation. Flag States shall provide for the effective
enforcement of such rules, standards, laws and regulations,
irrespective of where a violation occurs.
2. States shall, in particular, take appropriate measures in order
to ensure that vessels flying their flag or of their registry are
prohibited from sailing, until they can proceed to sea in
compliance with the requirements of the international rules and
standards referred to in paragraph 1, including requirements in
respect of design, construction, equipment and manning of
vessels.
3. States shall ensure that vessels flying their flag or of their
registry carry on board certificates required by and issued
pursuant to international rules and standards referred to in
paragraph 1. States shall ensure that vessels flying their flag are
periodically inspected in order to verify that such certificates are
in conformity with the actual condition of the vessels. These
certificates shall be accepted by other States as evidence of the
condition of the vessels and shall be regarded as having the
same force as certificates issued by them, unless there are clear
grounds for believing that the condition of the vessel does not
correspond substantially with the particulars of the certificates.
4. If a vessel commits a violation of rules and standards
general diplomatic conference, the flag State, without prejudice
to articles 218, 220 and 228, shall provide for immediate
investigation and where appropriate institute proceedings in
respect of the alleged violation irrespective of where the violation
occurred or where the pollution caused by such violation has
occurred or has been spotted.
5. Flag States conducting an investigation of the violation may
request the assistance of any other State whose cooperation
could be useful in clarifying the circumstances of the case.
States shall endeavour to meet appropriate requests of flag
States.
6. States shall, at the written request of any State, investigate
any violation alleged to have been committed by vessels flying
their flag. If satisfied that sufficient evidence is available to
enable proceedings to be brought in respect of the alleged
violation, flag States shall without delay institute such
proceedings in accordance with their laws.
7. Flag States shall promptly inform the requesting State and the
competent international organization of the action taken and its
outcome. Such information shall be available to all States.
8. Penalties provided for by the laws and regulations of States
for vessels flying their flag shall be adequate in severity to
discourage violations wherever they occur.
Article 218
Enforcement by port States
1. When a vessel is voluntarily within a port or at an off-shore
terminal of a State, that State may undertake investigations and,
where the evidence so warrants, institute proceedings in respect
of any discharge from that vessel outside the internal waters,
territorial sea or exclusive economic zone of that State in
violation of applicable international rules and standards
general diplomatic conference.
2. No proceedings pursuant to paragraph 1 shall be instituted in
respect of a discharge violation in the internal waters, territorial
sea or exclusive economic zone of another State unless
requested by that State, the flag State, or a State damaged or
threatened by the discharge violation, or unless the violation has
caused or is likely to cause pollution in the internal waters,
territorial sea or exclusive economic zone of the State instituting
the proceedings.
terminal of a State, that State shall, as far as practicable, comply
with requests from any State for investigation of a discharge
violation referred to in paragraph 1, believed to have occurred in,
caused, or threatened damage to the internal waters, territorial
sea or exclusive economic zone of the requesting State. It shall
likewise, as far as practicable, comply with requests from the flag
State for investigation of such a violation, irrespective of where
the violation occurred.
4. The records of the investigation carried out by a port State
pursuant to this article shall be transmitted upon request to the
flag State or to the coastal State. Any proceedings instituted by
the port State on the basis of such an investigation may, subject
to section 7, be suspended at the request of the coastal State
when the violation has occurred within its internal waters,
territorial sea or exclusive economic zone. The evidence and
records of the case, together with any bond or other financial
security posted with the authorities of the port State, shall in that
event be transmitted to the coastal State. Such transmittal shall
preclude the continuation of proceedings in the port State.
Article 219
Measures relating to seaworthiness of vessels to avoid pollution
Subject to section 7, States which, upon request or on their own
initiative, have ascertained that a vessel within one of their ports
or at one of their off-shore terminals is in violation of applicable
international rules and standards relating to seaworthiness of
vessels and thereby threatens damage to the marine
environment shall, as far as practicable, take administrative
measures to prevent the vessel from sailing. Such States may
permit the vessel to proceed only to the nearest appropriate
repair yard and, upon removal of the causes of the violation,
shall permit the vessel to continue immediately.
Article 220
Enforcement by coastal States
terminal of a State, that State may, subject to section 7, institute
proceedings in respect of any violation of its laws and regulations
adopted in accordance with this Convention or applicable
international rules and standards for the prevention, reduction
and control of pollution from vessels when the violation has
occurred within the territorial sea or the exclusive economic zone
of that State.
2. Where there are clear grounds for believing that a vessel
navigating in the territorial sea of a State has, during its passage
therein, violated laws and regulations of that State adopted in
accordance with this Convention or applicable international rules
and standards for the prevention, reduction and control of
pollution from vessels, that State, without prejudice to the
application of the relevant provisions of Part II, section 3, may
undertake physical inspection of the vessel relating to the
violation and may, where the evidence so warrants, institute
proceedings, including detention of the vessel, in accordance
with its laws, subject to the provisions of section 7.
navigating in the exclusive economic zone or the territorial sea of
a State has, in the exclusive economic zone, committed a
violation of applicable international rules and standards for the
prevention, reduction and control of pollution from vessels or
laws and regulations of that State conforming and giving effect to
such rules and standards, that State may require the vessel to
give information regarding its identity and port of registry, its last
and its next port of call and other relevant information required to
establish whether a violation has occurred.
4. States shall adopt laws and regulations and take other
measures so that vessels flying their flag comply with requests
for information pursuant to paragraph 3.
violation referred to in paragraph 3 resulting in a substantial
discharge causing or threatening significant pollution of the
marine environment, that State may undertake physical
inspection of the vessel for matters relating to the violation if the
vessel has refused to give information or if the information
supplied by the vessel is manifestly at variance with the evident
factual situation and if the circumstances of the case justify such
inspection.
6. Where there is clear objective evidence that a vessel
violation referred to in paragraph 3 resulting in a discharge
causing major damage or threat of major damage to the
coastline or related interests of the coastal State, or to any
resources of its territorial sea or exclusive economic zone, that
State may, subject to section 7, provided that the evidence so
warrants, institute proceedings, including detention of the vessel,
in accordance with its laws.
7. Notwithstanding the provisions of paragraph 6, whenever
appropriate procedures have been established, either through
the competent international organization or as otherwise agreed,
whereby compliance with requirements for bonding or other
appropriate financial security has been assured, the coastal
State if bound by such procedures shall allow the vessel to
proceed.
8. The provisions of paragraphs 3, 4, 5, 6and 7 also apply in
respect of national laws and regulations adopted pursuant to
article 211, paragraph 6.
Article 221
Measures to avoid pollution arising from maritime casualties
1. Nothing in this Part shall prejudice the right of States, pursuant
to international law, both customary and conventional, to take
and enforce measures beyond the territorial sea proportionate to
the actual or threatened damage to protect their coastline or
related interests, including fishing, from pollution or threat of
pollution following upon a maritime casualty or acts relating to
such a casualty, which may reasonably be expected to result in
major harmful consequences.
2. For the purposes of this article, "maritime casualty" means a
collision of vessels, stranding or other incident of navigation, or
other occurrence on board a vessel or external to it resulting in
material damage or imminent threat of material damage to a
vessel or cargo.
Article 222
Enforcement with respect to pollution from or through the
atmosphere
States shall enforce, within the air space under their sovereignty
or with regard to vessels flying their flag or vessels or aircraft of
their registry, their laws and regulations adopted in accordance
with article 212, paragraph 1, and with other provisions of this
Convention and shall adopt laws and regulations and take other
measures necessary to implement applicable international rules
and standards established through competent international
organizations or diplomatic conference to prevent, reduce and
control pollution of the marine environment from or through the
atmosphere, in conformity with all relevant international rules and
standards concerning the safety of air navigation.
Section 7. Safeguards
Article 223
Measures to facilitate proceedings
In proceedings instituted pursuant to this Part, States shall take
measures to facilitate the hearing of witnesses and the
admission of evidence submitted by authorities of another State,
or by the competent international organization, and shall facilitate
the attendance at such proceedings of official representatives of
the competent international organization, the flag State and any
State affected by pollution arising out of any violation. The official
representatives attending such proceedings shall have such
rights and duties as may be provided under national laws and
regulations or international law.
Article 224
Exercise of powers of enforcement
The powers of enforcement against foreign vessels under this
Part may only be exercised by officials or by warships, military
aircraft, or other ships or aircraft clearly marked and identifiable
as being on government service and authorized to that effect.
Article 225
Duty to avoid adverse consequences in the exercise of the
powers of enforcement
In the exercise under this Convention of their powers of
enforcement against foreign vessels, States shall not endanger
the safety of navigation or otherwise create any hazard to a
vessel, or bring it to an unsafe port or anchorage, or expose the
marine environment to an unreasonable risk.
Article 226
Investigation of foreign vessels.
(a) States shall not delay a foreign vessel longer than is essential
for purposes of the investigations provided for in articles 216,
218 and

Any physical inspection of a foreign vessel shall be limited to an
examination of such certificates, records or other documents as
the vessel is required to carry by generally accepted international
rules and standards or of any similar documents which it is
carrying; further physical inspection of the vessel may be
undertaken only after such an examination and only when:
(i) there are clear grounds for believing that the
condition of the vessel or its equipment does not
correspond substantially with the particulars of those
documents;
(ii) the contents of such documents are not sufficient to
confirm or verify a suspected violation; or
(iii) the vessel is not carrying valid certificates and
records.
(b) If the investigation indicates a violation of applicable laws and
regulations or international rules and standards for the protection
and preservation of the marine environment, release shall be
made promptly subject to reasonable procedures such as
bonding or other appropriate financial security.
(c) Without prejudice to applicable international rules and
standards relating to the seaworthiness of vessels, the release of
a vessel may, whenever it would present an unreasonable threat
of damage to the marine environment, be refused or made
conditional upon proceeding to the nearest appropriate repair
yard. Where release has been refused or made conditional, the
flag State of the vessel must be promptly notified, and may seek
release of the vessel in accordance with Part XV.
2. States shall cooperate to develop procedures for the
avoidance of unnecessary physical inspection of vessels at sea.
Article 227
Non-discrimination with respect to foreign vessels
In exercising their rights and performing their duties under this
Part, States shall not discriminate in form or in fact against
vessels of any other State.
Article 228
Suspension and restrictions on institution of proceedings
1. Proceedings to impose penalties in respect of any violation of
applicable laws and regulations or international rules and
standards relating to the prevention, reduction and control of
pollution from vessels committed by a foreign vessel beyond the
territorial sea of the State instituting proceedings shall be
suspended upon the taking of proceedings to impose penalties in
respect of corresponding charges by the flag State within six
months of the date on which proceedings were first instituted,
unless those proceedings relate to a case of major damage to
the coastal State or the flag State in question has repeatedly
disregarded its obligation to enforce effectively the applicable
international rules and standards in respect of violations
committed by its vessels. The flag State shall in due course
make available to the State previously instituting proceedings a
full dossier of the case and the records of the proceedings,
whenever the flag State has requested the suspension of
proceedings in accordance with this article. When proceedings
instituted by the flag State have been brought to a conclusion,
the suspended proceedings shall be terminated. Upon payment
of costs incurred in respect of such proceedings, any bond
posted or other financial security provided in connection with the
suspended proceedings shall be released by the coastal State.
2. Proceedings to impose penalties on foreign vessels shall not
be instituted after the expiry of three years from the date on
which the violation was committed, and shall not be taken by any
State in the event of proceedings having been instituted by
another State subject to the provisions set out in paragraph 1.
3. The provisions of this article are without prejudice to the right
of the flag State to take any measures, including proceedings to
impose penalties, according to its laws irrespective of prior
proceedings by another State.
Article 229
Institution of civil proceedings
Nothing in this Convention affects the institution of civil
proceedings in respect of any claim for loss or damage resulting
from pollution of the marine environment.
Article 230
Monetary penalties and the observance of recognized rights of
the accused
1. Monetary penalties only may be imposed with respect to
violations of national laws and regulations or applicable
and control of pollution of the marine environment, committed by
foreign vessels beyond the territorial sea.
2. Monetary penalties only may be imposed with respect to
violations of national laws and regulations or applicable
and control of pollution of the marine environment, committed by
foreign vessels in the territorial sea, except in the case of a wilful
and serious act of pollution in the territorial sea.
3. In the conduct of proceedings in respect of such violations
committed by a foreign vessel which may result in the imposition
of penalties, recognized rights of the accused shall be observed.
Article 231
Notification to the flag State and other States concerned
States shall promptly notify the flag State and any other State
concerned of any measures taken pursuant to section 6 against
foreign vessels, and shall submit to the flag State all official
reports concerning such measures. However, with respect to
violations committed in the territorial sea, the foregoing
obligations of the coastal State apply only to such measures as
are taken in proceedings. The diplomatic agents or consular
officers and where possible the maritime authority of the flag
State, shall be immediately informed of any such measures
taken pursuant to section 6 against foreign vessels.
Article 232
Liability of States arising from enforcement measures
States shall be liable for damage or loss attributable to them
arising from measures taken pursuant to section 6 when such
measures are unlawful or exceed those reasonably required in
the light of available information. States shall provide for
recourse in their courts for actions in respect of such damage or
loss.
Article 233
Safeguards with respect to straits used for international
navigation
Nothing in sections 5, 6 and 7 affects the legal regime of straits
used for international navigation. However, if a foreign ship other
than those referred to in section 10 has committed a violation of
the laws and regulations referred to in article 42, paragraph 1(a)
and (b), causing or threatening major damage to the marine
environment of the straits, the States bordering the straits may
take appropriate enforcement measures and if so shall
respect mutatis mutandis the provisions of this section.
Section 8. Ice-Covered Areas
Article 234
Ice-covered areas
Coastal States have the right to adopt and enforce non-
discriminatory laws and regulations for the prevention, reduction
and control of marine pollution from vessels in ice-covered areas
within the limits of the exclusive economic zone, where
particularly severe climatic conditions and the presence of ice
covering such areas for most of the year create obstructions or
exceptional hazards to navigation, and pollution of the marine
environment could cause major harm to or irreversible
disturbance of the ecological balance. Such laws and regulations
shall have due regard to navigation and the protection and
preservation of the marine environment based on the best
available scientific evidence.
Section 9. Responsibility and Liability
Article 235
Responsibility and liability
1. States are responsible for the fulfilment of their international
obligations concerning the protection and preservation of the
marine environment. They shall be liable in accordance with
international law.
2. States shall ensure that recourse is available in accordance
with their legal systems for prompt and adequate compensation
or other relief in respect of damage caused by pollution of the
marine environment by natural or juridical persons under their
jurisdiction.
3. With the objective of assuring prompt and adequate
compensation in respect of all damage caused by pollution of the
marine environment, States shall cooperate in the
implementation of existing international law and the further
development of international law relating to responsibility and
liability for the assessment of and compensation for damage and
the settlement of related disputes, as well as, where appropriate,
development of criteria and procedures for payment of adequate
compensation, such as compulsory insurance or compensation
funds.
Section 10. Sovereign Immunity
Article 236
Sovereign immunity
The provisions of this Convention regarding the protection and
preservation of the marine environment do not apply to any
warship, naval auxiliary, other vessels or aircraft owned or
operated by a State and used, for the time being, only on
government non-commercial service. However, each State shall
ensure, by the adoption of appropriate measures not impairing
operations or operational capabilities of such vessels or aircraft
owned or operated by it, that such vessels or aircraft act in a
manner consistent, so far as is reasonable and practicable, with
this Convention.
Section 11. Obligations under other Conventions on the
Protection and Preservation of the Marine Environment
Article 237
Obligations under other conventions on the protection and
preservation of the marine environment
1. The provisions of this Part are without prejudice to the specific
obligations assumed by States under special conventions and
agreements concluded previously which relate to the protection
and preservation of the marine environment and to agreements
which may be concluded in furtherance of the general principles
set forth in this Convention.
2. Specific obligations assumed by States under special
conventions, with respect to the protection and preservation of
the marine environment, should be carried out in a manner
consistent with the general principles and objectives of this
Convention.
B. Marine Pollution Decree of 1976 Presidential Decree
No. 979

SECTION 1. Title. This Decree shall be known as the Marine
Pollution Decree of 1976.
SECTION 2. Statement of Policy. It is hereby declared a
national policy to prevent and control the pollution of seas by the
dumping of wastes and other matter which create hazards to
human health, harm living resources and marine life, damage
amenities, or interfere with the legitimate uses of the sea within
the territorial jurisdiction of the Philippines.

SECTION 3. Definition of Terms. For the purposes of this
Decree:
a. "Discharge" includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying or dumping but does not
include discharge of effluents from industrial or manufacturing
establishments, or mill of any kind. cdt
b. "Dumping" means any deliberate disposal at sea and into
navigable waters of wastes or other matter from vessels, aircraft,
platforms or other man-made structures at sea, including the
disposal of wastes or other matter directly arising from or related
to the exploration, exploitation and associated off-shore
processing of sea bed mineral resources unless the same is
permitted and/or regulated under this decree: Provided, That it
does not mean a disposition of any effluent from any outfall
structure to the extent that such disposition is regulated under
the provisions of Republic Act Numbered Three Thousand Nine
Hundred Thirty-One, nor does it mean a routine discharge of
effluent or other matter incidental to the propulsion of, or derived
from the normal operations of vessels, aircraft, platforms or other
man-made structures at sea and their equipment.
c. "Oil" means oil of any kind or in any form including, but not
limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed
with wastes other than dredge spoil.
d. "Navigable Waters" means the waters of the Philippines,
including the territorial sea and inland waters which are
presently, or be in the future susceptible for use by watercraft.
e. "Vessel" means every description of watercraft, or other
artificial contrivance used, or capable of being used, as a means
of transportation on water.
f. "Person" includes any being, natural or juridical, susceptible of
rights and obligations or of being the subject of legal relations.
g. "Refuse" means garbage, waste, wood residues, sand, lime
cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemicals
and substances other than sewage and industrial wastes that
may cause pollution.

SECTION 4. Prohibited Acts. Except in cases of emergency
imperilling life or property, or unavoidable accident, collision, or
stranding or in any cases which constitute danger to human life
or property or a real threat to vessels, aircraft, platforms, or other
man-made structure, or if damping appears to be the only way of
averting the threat and if there is probability that the damage
consequent upon such dumping will be lees than would
otherwise occur, and except as otherwise permitted by
regulations prescribed by the National Pollution Control
Commission or the Philippine Coast Guard, it shall be unlawful
for any person to
a. discharge, dump or suffer, permit the discharge of oil, noxious
gaseous and liquid substances and other harmful substances
from or out of any ship, vessel, barge, or any other floating craft,
or other man-made structures at sea, by any method, means or
manner, into or upon the territorial and inland navigable waters
of the Philippines;
b. throw, discharge or deposit, dump, or cause suffer or procure
to be thrown, discharged, or deposited either from or out of any
ship, barge, or other floating craft of vessel of any kind, or from
the shore, wharf, manufacturing establishment, or mill of any
kind, any refuse matter of any kind or description whatever other
than that flowing from streets and sewers and passing therefrom
in a liquid state into tributary of any navigable water from which
the same shall float or be washed into such navigable water; and
c. deposit or cause, suffer or procure to be deposited material of
any kind in any place on the bank of any navigable water or on
the bank of any tributary of any navigable water, where the same
shall be liable to be washed into such navigable water, either by
ordinary or high tides, or by storms or floods, or otherwise,
whereby navigation shall or may be impeded or obstructed or
increased the level of pollution of such water.

SECTION 5. It shall be the primary responsibility of the National
Pollution Control Commission to promulgate national rules and
policies governing marine pollution, including but not limited to
the discharge of effluents from any outfall structure, industrial
and manufacturing establishments or mill of any kind to the
extent that it is regulated under the provisions of Republic Act
Numbered Three Thousand Nine Hundred Thirty-One, and to
issue the appropriate rules and regulations upon consultation
with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and
regulations in accordance with the national rules and policies set
by the National Pollution Control Commission upon consultation
with the latter, for the effective implementation and enforcement
of this decree and other applicable laws, rules and regulations
promulgated by the government.
The rules and regulations issued by the National Pollution
Control Commission or the Philippine Coast Guard shall not
include deposit of oyster, shells, or other materials when such
deposit is made for the purpose of developing, maintaining or
harvesting fisheries resources and is otherwise regulated by law
or occurs pursuant to an authorized government program:
Provided, That the Philippine Coast Guard, whenever in its
judgment navigation will not be injured thereby and upon
consultation with and concurrence of the National Pollution
Control Commission, may permit the deposit of any of the
materials above-mentioned in navigable waters, and whenever
any permit is so granted, the conditions thereof shall be strictly
complied with.

SECTION 6. Enforcement and Implementation. The Philippine
Coast Guard shall have the primary responsibility of enforcing
the laws, rules and regulations governing marine pollution.
However, it shall be the joint responsibility of the Philippine
Coast Guard and the National Pollution Control Commission to
coordinate and cooperate with each other in the enforcement of
the provisions of this decree and its implementing rules and
regulations, and may call upon any other government office,
instrumentality or agency to extend every assistance in this
respect.

SECTION 7. Penalties for Violations. Any person who violates
Section 4 of this Decree or any regulations prescribed in
pursuance thereof, shall be liable for a fine of not less than Two
Hundred Pesos nor more than Ten Thousand Pesos or by
imprisonment of not less than thirty days nor more than one year
or both such fine and imprisonment, for each offense, without
prejudice to the civil liability of the offender in accordance with
existing laws.
Any vessel from which oil or other harmful substances are
discharged in violation of Section 4 or any regulation prescribed
in pursuance thereof, shall be liable for the penalty of fine
specified in this section, and clearance of such vessel from the
port of the Philippines may be withheld until the fine is paid.
In addition to the penalties above-prescribed, the Philippine
Coast Guard shall provide in its rules and regulations such
reasonable administrative penalties as may be necessary for the
effective implementation of this decree. -
SECTION 8. Containment Recovery System. The
Philippine Coast Guard shall develop an adequate capability for
containment and recovery of spilled oil for inland waters and high
seas use. An initial amount of five (5) million pesos is hereby
appropriated for the procurement of necessary equipment for this
purpose. For the succeeding fiscal years, the appropriation for
the development of such capability shall be included in the
Philippine Coast Guard portion of the General Appropriation
Decree.

Agriculture and Fisheries Modernization Act of 1997 Republic
Act No. 8435, as amended, and The Philippine Fisheries Code of
1998 Republic Act No. 8550
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

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:
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.
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;
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.
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 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 riverbanks,
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 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.
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
(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
(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

-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.
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.
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.
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.
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.
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;
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.

Philippine Clean Water Act of 2004 Republic Act No. 9275
Republic Act No. 9275 March 22, 2004
SECTION 1. Short Title. - This Act shall be known as the
"Philippine Clean Water Act of 2004."
SECTION 2. Declaration of Policy. - The State shall pursue a
policy of economic growth in a manner consistent with the
protection, preservation and revival of the quality of our fresh,
brackish and marine waters. To achieve this end, the framework
for sustainable development shall be pursued. As such, it shall
be the policy of the State:
a) To streamline processes and procedures in the prevention,
control and abatement of pollution of the country's water
resources;
b) To promote environmental strategies, use of appropriate
economic instruments and of control mechanisms for the
protection of water resources;
c) To formulate a holistic national program of water quality
management that recognizes that water quality management
issues cannot be separated from concerns about water sources
and ecological protection, water supply, public health and quality
of life;
d) To formulate an integrated water quality management
framework through proper delegation and effective coordination
of functions and activities;
e) promote commercial and industrial processes and products
that are environment friendly and energy efficient;
f) To encourage cooperation and self-regulation among citizens
and industries through the application of incentives and market-
based instruments and to promote the role of private industrial
enterprises in shaping its regulatory profile within the acceptable
boundaries of public health and environment;
g) To provide for a comprehensive management program for
water pollution focusing on pollution prevention;
h) To promote public information and education and to
encourage the participation of an informed and active public in
water quality management and monitoring;
i) To formulate and enforce a system of accountability for short
and long-term adverse environmental impact of a project,
program or activity; and
j) To encourage civil society and other sectors, particularly labor,
the academe and business undertaking environment-related
activities in their efforts to organize, educate and motivate the
people in addressing pertinent environmental issues and
problems at the local and national levels.
SECTION 3. Coverage of the Act. - This Act shall apply to
water quality management in all water bodies: Provided, That it
shall primarily apply to the abatement and control of pollution
from land based sources: Provided, further, That the water
quality standards and regulations and the civil liability and penal
provisions under this Act shall be enforced irrespective of
sources of pollution.
ARTICLE 2
DEFINITION OF TERMS
SECTION 4. Definition of Terms. - As used in this Act:
a) Aquifer - means a layer of water-bearing rock located
underground that transmits water in sufficient quantity to supply
pumping wells or natural springs.
b) Aquatic life - means all organisms living in freshwater,
brackish and marine environment.
c) Beneficial use - means the use of the environment or any
element or segment thereof conducive to public or private
welfare, safety and health; and shall include, but not be limited
to, the use of water for domestic, municipal, irrigation, power
generation, fisheries, livestock raising, industrial, recreational
and other purposes.
1. Use of water for domestic purposes - means the utilization of
water for drinking, washing, bathing, cooking or other household
needs, home gardens and watering of lawns or domestic
animals;
2. Use of water for municipal purposes - means the utilization of
water for supplying water requirements of the community;
3. Use of water for irrigation - means the utilization of water for
producing agricultural crops;
4. Use of water for power generation - means the utilization of
water for producing electrical or mechanical power;
5. Use of water for fisheries - means the utilization of water for
the propagation of culture of fish as a commercial enterprise;
6. Use of water for livestock raising - means the utilization of
water for large herds or flocks of animals raised as a commercial
enterprise;
7. Use of water for industrial purposes - means the utilization of
water in factories, industrial plants and mines, including the use
of water as an ingredient of a finished product; and
8. Use of water for recreational purposes - means 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.
d) Classification/Reclassification of Philippine Waters - means
the categorization of all water bodies taking into account, among
others, the following: (1) existing quality of the body of water; (2)
size, depth, surface area covered, volume, direction, rate of flow
and gradient of stream; (3) most beneficial existing and future
use of said bodies of water and lands bordering them, such as
for residential, agricultural, aquacultural, commercial, industrial,
navigational, recreational, wildlife conservation and aesthetic
purposes; and (4) vulnerability of surface and groundwater to
contamination from pollutive and hazardous wastes, agricultural
chemicals and underground storage tanks of petroleum
products.
e) Civil Society - means non-government organizations (NGOs)
and people's organizations (POs).
f) Cleaner Production - means the application of an integrated,
preventive environmental strategy to processes, products,
services to increase efficiency and reduce risk to humans and
the environment;
g) Clean-up operations - means activities involving the removal
of pollutants discharged or spilled into a water body and its
surrounding areas, and the restoration of the affected areas to
their former physical, chemical and biological state or conditions.
h) Contamination - means the production of substances not
found in the natural composition of water that make the water
less desirable or unfit desirable or unfit for intended use.
i) Department - means the Department of Environment and
Natural Resources.
j) Discharge includes, but is not limited to, the act of spilling,
leaking, pumping, pouring, emitting, emptying, releasing or
dumping of any material into a water body or onto land from
which it might flow or drain into said water.
k) Drinking water- means water intended for human consumption
or for use in food preparation.
l) Dumping - means any unauthorized or illegal disposal into any
body of water or land of wastes or toxic or hazardous material:
Provided, That it does not mean a release of effluent coming
from commercial, industrial, and domestic sources which are
within the effluent standards.
m) Effluent - means discharge from known sources which is
passed into a body of water or land, or wastewater flowing out of
a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.
n) Effluent standard - means any legal restriction or limitation on
quantities, rates, and/or concentrations or any combination
thereof, of physical, chemical or biological parameters of effluent
which a person or point source is allowed to discharge into a
body of water or land.
o) Environmental management - means the entire system which
includes, but is not limited to, conservation, regulation and
minimization of pollution, clean production, waste management,
environmental law and policy, environmental education and
information, study and mitigation of the environmental impacts of
human activity, and environmental research.
p) Environmental management system - means the part of the
overall management system that includes organizational
structure, planning activities, responsibilities, practices,
procedures, processes and resources for developing,
implementing, achieving, reviewing and maintaining the
environment policy.
q) Freshwater - means water containing less than 500 ppm
dissolved common salt, sodium chloride, such as that in
groundwater, rivers, ponds and lakes.
r) Groundwater - means a subsurface water that occurs beneath
a water table in soils and rocks, or in geological formations.
s) Groundwater vulnerability - means relative ease with which a
contaminant located at or near the land surface can migrate to
the aquifer or deep well.
t) Groundwater vulnerability map - means the identified areas of
the land surface where groundwater quality is most at risk from
human activities and shall reflect the different degrees of
groundwater vulnerability based on a range of soil properties and
hydro geological criteria to serve as guide in the protection of the
groundwater from contamination.
u) Hazardous waste - means any waste or combination of
wastes of solid liquid, contained gaseous, or semi-solid form
which cause, of contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible
illness, taking into account toxicity of such waste, its persistence
and degradability in nature, its potential for accumulation or
concentration in tissue, and other factors that may otherwise
cause or contribute to adverse acute or chronic effects on the
health of persons or organism.
v) Industrial waste - means any solid, semi-solid or liquid waste
material with no commercial value released by a manufacturing
or processing plant other than excluded material.
w) Integrated Water Quality Management Framework - means
the policy guideline integrating all the existing frameworks
prepared by all government agencies contain the following; water
quality goals and targets; (b) period of compliance; (c) water
pollution control strategies and techniques; (d) water quality
information and education program; (e) human resources
development program.
x) Margin - means a landward and outer limiting edge adjacent to
the border of any water bodies or a limit beyond where beyond
where saturation zone ceases to exist.
y) National Water Quality Status Report - means a report to be
prepared by the Department indicating: a) the location of water
bodies, their quality, taking into account seasonal, tidal and
others variations, existing and potential uses and sources of
pollution per specific pollutant and pollution load assessment; b)
water quality management areas pursuant to Section 5 of this
Act; c) and water classification.
z) Non-point source - means any source of pollution not
identifiable as point source to include, but not be limited to, runoff
from irrigation or rainwater, which picks up pollutants from farms
and urban areas.
aa) Point source - means any identifiable source of pollution with
specific point of discharge into a particular water body.
bb) Pollutant- shall refer to any substance, whether solid, liquid,
gaseous or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body
to affect or tend to affect adversely any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical,
chemical or biological change to any segment of the water body;
or
(iv) is in excess of the allowable limits, concentrations, or quality
standards specified, or in contravention of the condition,
limitation or restriction prescribed in this Act.
cc) Pollution control technology- means pollution control devices
or apparatus, processes, or other means that effectively prevent
control or reduce pollution of water caused by effluents and other
discharges, from any point source at levels within the water
pollution standards.
dd) Potentially infectious medical waste- include isolation
wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, and other disposable medical equipment and
material that may pose a risk to the public health, welfare or the
marine environment.
ee) Secretary - means the Secretary of the Department of
Environmental and Natural Resources (DENR).
ff) Septage - means the sludge produced on individual onsite
wastewater disposal systems, principally septic tanks and
cesspools.
gg) Sewage - means water-borne human or animal wastes,
excluding oil or oil wastes, removed from residences, building,
institutions, industrial and commercial establishments together
with such groundwater, surface water and storm water as maybe
present including such waste from vessels, offshore structures,
other receptacles intended to receive or retain waste or other
places or the combination thereof.
hh) Sewerage - includes, but is not limited to, any system or
network of pipelines, ditches, channels, or conduits including
pumping stations, lift stations and force mains, service
connections including other constructions, devices, and
appliances appurtenant thereto, which includes the collection,
transport, pumping and treatment of sewage to a point of
disposal.
ii) Sludge - means any solid, semi-solid or liquid waste or residue
generated from a wastewater treatment plant, water supply
treatment plant, or water control pollution facility, or any other
such waste having similar characteristics and effects.
jj) Surface water - means all water, which is open to the
atmosphere and subject to surface runoff.
kk) Treatment - means any method, technique, or process
designed to alter the physical, chemical or biological and
radiological character or composition of any waste or wastewater
to reduce or prevent pollution.
ll) Toxic amount - means the lowest amount of concentration of
toxic pollutants, which may cause chronic or long-term acute or
lethal conditions or effects to the aquatic life, or health of persons
or which may adversely affect designated water uses.
mm) Waste - means any material either solid, liquid, semisolid,
contained gas or other forms resulting industrial, commercial,
mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded.
nn) Wastewater - means waste in liquid state containing
pollutants.
oo) Water body - means both natural and man-made bodies of
fresh, brackish, and saline waters, and includes, but is not limited
to, aquifers, groundwater, springs, creeks, streams, rivers,
ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal
and marine waters. Water bodies do not refer to those
constructed, developed and used purposely as water treatment
facilities and / or water storage for recycling and re-use which
are integral to process industry or manufacturing.
pp) Water Pollution - means any alteration of the physical,
chemical, biological, or radiological properties of a water body
resulting in the impairment of its purity or quality.
qq) Water Quality - means the characteristics of water, which
define its use in characteristics by terms of physical, chemical,
biological, bacteriological or radiological characteristics by which
the acceptability of water is evaluated.
rr) Water quality guidelines - means the level for a water
constituent or numerical values of physical, chemical, biological
and bacteriological or radiological parameters which are used to
classify water resources and their use, which does not result in
significant health risk and which are not intended for direct
enforcement but only for water quality management purposes,
such as determining time trends, evaluating stages of
deterioration or enhancement of the water quality, and as basis
for taking positive action in preventing, controlling or abating
water pollution.
ss) Water Quality Management Area Action Plan - includes, but
not be limited to, the following: (a) goals and targets including
sewerage or septage program, (b) schedule of compliance to
meet the applicable requirements of this Act; (c) water pollution
control strategies or techniques; (d) water quality information and
education program; e) resource requirement and possible
sources; f) enforcement procedures of the plan and (g) rewards
and incentives under Chapter 4 of this Act.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
ARTICLE 1
GENERAL PROVISIONS
SECTION 5. Water Quality Management Area. - The
Department, in coordination with National Water Resources
Board (NWRB), shall designate certain areas as water quality
management areas using appropriate physiographic units such
as watershed, river basins or water resources regions. Said
management areas shall have similar hydrological,
hydrogeological, meteorological or geographic conditions which
affect the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water bodies, or
otherwise share common interest or face similar development
programs, prospects or problems.
Said management area shall be governed by a governing board
composed of representatives of mayors and governors of
member local government units (LGUs), and representatives of
relevant national government agencies, duly registered non-
governmental organization, water utility sector, and business
sector. The Department representative shall chair the governing
board. In the case of the LGUs with memberships on more than
one (1) management board, the LGU shall designate only one
(1) single representative for all the management areas wherein is
a member.
The governing board shall formulate strategies to coordinate
policies necessary for the effective implementation of this Act in
accordance with those established in the framework and monitor
the compliance with the action plan.
Each management area shall create a multi-sectoral group to
establish and affect water quality surveillance and monitoring
network including sampling schedules and other similar
activities. The group shall submit its report and recommendation
to the chairman of the governing board.
A technical secretariat for each management area is hereby
created which shall be part of the department and shall provide
technical support to the governing board. They shall be
composed of at least four (4) members who shall have the
following minimum qualifications:
a) One (1) member shall be a member of the Philippines
Bar;
b) One (1) member shall be a Chemical Engineer, Chemist,
Sanitary Engineer, Environmental Engineer or Ecologist or
significant training and experience in chemistry;
c) One (1) member shall be a Civil Engineer or Hydrologist
or Significant training and experience in closely related fields
and experience on ground water, respectively; and
d) One (1) member shall be a Geologist, Biologist, or
significant training and experience in closely related fields.
The areas within the jurisdiction of the Laguna Lake
Development Authority (LLDA) shall be designated as one
management area under the administration of LLDA in
accordance with R.A. No. 4850, as amended: Provided,
However, That the standards promulgated pursuant to this
Act and wastewater charge system established pursuant
hereof shall be enforced in said area.
SECTION 6. Management of Non-attainment Areas. - The
Department shall designate water bodies, or portions
thereof, where specific pollutants from either natural or man-
made source have already exceeded water quality
guidelines as non-attainment areas for the exceeded
pollutants. It shall prepare and implement a program that will
not allow new sources of exceeded water pollutant in non-
attainment areas without a corresponding reduction in
discharges from existing sources; Provided, That if the
pollutant is naturally occurring, e.g. naturally high boron and
other elements in geothermal areas, discharge of such
pollutant may be allowed: Provided, further, That the effluent
concentration of discharge shall not exceed the naturally
occurring level of such pollutant in the area: Provided,
Finally, That the effluent concentration and volume of
discharge shall not adversely affect water supply, public
health and ecological protection.
The Department shall, in coordination with NWRB,
Department of Health (DOH), Department of Agriculture
(DA), governing board and other concerned government
agencies and private sectors shall take such measures as
may be necessary to upgrade the quality of such water in
non-attainment areas to meet the standards under which it
has been classified.
Upgrading of water quality shall likewise include
undertakings, which shall improve the water quality of a
water body to a classification that will meet its projected or
potential use.
The LGUs shall prepare and implement contingency plans and
other measures including relocation, whenever necessary, for
the protection of health and welfare of the residents within
potentially affected areas.
SECTION 7. National Sewerage and Septage Management
Program. - The Department of Public Works and Highways
(DPWH), through its relevant attached agencies, in coordination
with the Department, local government units (LGUs) and other
concerned agencies, shall, as soon as possible, but in no case
exceeding a period of twelve (12) months from the affectivity of
this Act, prepare a national program on sewerage and septage
management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage,
septage and combined sewerage-septage projects for LGUs
based on population density and growth, degradation of water
resources, topography, geology, vegetation, program/projects for
the rehabilitation of existing facilities and such other factors that
the Secretary may deem relevant to the protection of water
quality. On the basis of such national listing, the national
government may allot, on an annual basis, funds for the
construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the
required rights-of-way/road access to the land for the
construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for
the operation and maintenance of sewerage treatment or
septage facility servicing their area of jurisdiction through local
property taxes and enforcement of a service fee system.
SECTION 8. Domestic Sewage Collection, Treatment and
Disposal. - Within five (5) years following the effectivity of this
Act, the Agency vested to provide water supply and sewerage
facilities and/or concessionaires in Metro Manila and other highly
urbanized cities (HUCs) as defined in Republic Act No. 7160, in
coordination with LGUs, shall be required to connect the existing
sewage line found in all subdivisions, condominiums, commercial
centers, hotels, sports and recreational facilities, hospitals,
market places, public buildings, industrial complex and other
similar establishments including households to available
sewerage system. Provided, That the said connection shall be
subject to sewerage services charge/fees in accordance with
existing laws, rules or regulations unless the sources had
already utilized their own sewerage system: Provided, further,
That all sources of sewage and septage shall comply with the
requirements herein.
In areas not considered as HUCs, the DPWH in coordination
with the Department, DOH and other concerned agencies, shall
employ septage or combined sewerage-septage management
system.
For the purpose of this section, the DOH, coordination with other
government agencies, shall formulate guidelines and standards
for the collection, treatment and disposal of sewage including
guidelines for the establishment and operation of centralized
sewage treatment system.
SECTION 9. National Water Quality Management Fund. - A
water quality management fund, to be administered by the
Department, in coordination with other concerned agencies, as a
special account in the National Treasury is hereby established.
The fund shall be used to finance the following:
a) Finance containment and clean-up operations of the
government in water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of
affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention,
control or abatement of water pollution and management and
administration of the management areas in the amounts
authorized by the Department.
The fines imposed and damages awarded to the government by
the Pollution Adjudication Board (PAB), proceeds of permits
issued by the Department under this Act, donations,
endowments and grants in the form of contributions to the
national government under this Act shall form part of the fund.
Such donations, endowments and grants shall be exempt from
donor's taxes and all other taxes, charges or fees imposed by
the government and shall be deductible from the gross income of
the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual
accounting and budgeting rules and regulations.
SECTION 10. The Area Water Quality Management Fund. -
The area water quality management fund is hereby established
for the maintenance and upkeep of the water bodies in a water
quality management area. The fund shall be utilized for the grant
of rewards and incentives for entities whose effluent discharges
are better than the water quality criteria of the target
classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and
improve quality of wastewater discharges, and regular
maintenance of the water bodies within the management area.
An amount of not more than ten percent (10%) of the total
amount accruing to the funds annually shall be allocated for the
operational expenses of the governing board, its secretariat and
multi-sectoral water quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the
establishments located in rural areas before the effectivity of this
Act. Thereafter, the fees collected under the wastewater charge
system established under Section 13 of this Act, donations,
endowments and grants for water quality management of the
area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual
accounting and budgeting rules and regulations. This fund shall
be managed by the Board of the corresponding management
area.
SECTION 11. Water Quality Variance for Geothermal and Oil
and Gas Exploration. - The Department may provide variance
in water quality criteria and standards for geothermal exploration
that encounters re-injection constraints: Provided, That there
shall be provision for adequate protection of beneficial use of
water bodies, downstream of the geothermal project: Provided,
further, That this provision may be applied to oil and gas
exploration as determined by the Department.
SECTION 12. Categories of Industry Sector. - Within twenty-
four (24) months from the effectivity of this Act, and every two (2)
years thereafter, the Department shall, through due public
consultation, revise and publish a list of categories of industry
sector for which effluent standards will be provided for each
significant wastewater parameter per industry sector.
The Department shall provide additional classification based on
other parameters specifically associated to discharge of a
particular industry which shall be included in the listing of
categories prescribed in the preceding paragraph.
ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES
SECTION 13. Wastewater Charge System. - The Department
shall implement a wastewater charge system in all management
areas including the Laguna Lake Region and Regional Industrial
Centers through the collection of wastewater charges/fees. The
system shall be established on the basis of payment to the
government for discharging wastewater into the water bodies.
Wastewater charges shall be established taking into
consideration the following:
a) To provide strong economic inducement for polluters to
modify their production or management processes or to
invest in pollution control technology in order to reduce the
amount of water pollutants generated;
b) To cover the cost of administering water quality
management or improvement programs;
c) Reflect damages caused by water pollution on the
surrounding environment, including the cost of rehabilitation;
d) Type of pollutant;
e) Classification of the receiving water body; and
f) Other special attributes of the water body.
The fee shall be based on the net waste load depending on the
wastewater, charge formula which shall be established with due
public consultation within six (6) months from the effectivity of
this Act: Provided, That net waste load shall refer to the
difference of the initial waste load of the abstracted water and
the waste load of the final effluent discharge of an industry:
Provided, further, That no net waste load shall be lower than the
initial waste load: Provided, finally, That wastewater charge
system shall not apply to wastewater from geothermal
exploration.
Industries whose water effluent are within standards
promulgated pursuant to this Act, shall only be charged with
minimal reasonable amount which shall be determined by the
Department after due public consultation, giving account to
volumetric rate of discharge and effluent concentration.
SECTION 14. Discharge Pemits. - The Department shall
require owners or operators of facilities that discharge regulated
effluents pursuant to this Act to secure a permit to discharge.
The discharge permit shall be the legal authorization granted by
the Department to discharge wastewater: Provided, That the
discharge permit shall specify among others, the quantity and
quality of effluent that said facilities are allowed to discharge into
a particular water body, compliance schedule and monitoring
requirement.
As part of the permitting procedure, the Department shall
encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed cost
effective. The Department shall also develop procedures to
relate the current water quality guideline or the projected water
quality guideline of the receiving water body/ies with total
pollution loadings from various sources, so that effluent quotas
can be properly allocated in the discharge permits. For industries
without any discharge permit, they may be given a period of
twelve {12) months after the effectivity of the implementing rules
and regulations promulgated pursuant to this Act, to secure a
discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SECTION 15. Financial Liability for Environmental
Rehabilitation. - The Department shall require program and
project proponents to put up environmental guarantee fund
{EGF) as part of the environmental management plan attached
to the environmental compliance certificate pursuant to
Presidential Decree No.1586 and its implementing rules and
regulations. The EGF shall finance the maintenance of the health
of the ecosystems and specially the conservation of watersheds
and aquifers affected by the development, and the needs of
emergency response, clean-up or rehabilitation of areas that
may be damaged during the program's or project's actual
implementation. Liability for damages shall continue even after
the termination of a program or project and, until the lapse of a
given period indicated in the environmental compliance
certificate, as determined by the Department. The EGF may be
in the form of a trust fund, environmental insurance, surety
bonds, letters of credit, self-insurance and any other instruments
which may be identified by the Department. The choice of the
guarantee instrument or combinations thereof shall depend,
among others, on the assessment of the risks involved and
financial test mechanisms devised by the Department.
Proponents required to put up guarantee instruments shall
furnish the Department with evidence of availment of such
instruments from accredited financial instrument providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the
provisions of Sections 15 and 26 hereof, any person who causes
pollution in or pollutes water bodies in excess of the applicable
and prevailing standards shall be responsible to contain, remove
and clean-up any pollution incident at his own expense to the
extent that the same water bodies have been rendered unfit for
utilization and beneficial use: Provided, That in the event
emergency clean-up operations are necessary and the polluter
fails to immediately undertake the same, the Department, in
coordination with other government agencies concerned, shall
conduct containment, removal and clean-up operations.
Expenses incurred in said operations shall be reimbursed by the
persons found to have caused such pollution upon proper
administrative determination in accordance with this Act.
Reimbursements of the cost incurred shall be made to the Water
Quality Management Fund or to such other funds where said
disbursements were sourced.
SECTION 17. Programmatic Environmental Impact
Assessment. - The Department shall implement programmatic
compliance with the environmental impact assessment system,
as in the following types of development:
a) development consisting of a series of similar projects, or a
project subdivided into several phases and/or stages whether
situated in a contiguous area or geographically dispersed; and
b) development consisting of several components or a cluster of
projects co-located in an area such as an industrial estate, an
export processing zone, or a development zone identified in a
local land use plan.
Programmatic compliance with the environmental impact
assessment system shall be guided by carrying capacity
assessments determined from ecological profiles. Ecological
profiles shall Identify environmental constraints and opportunities
in programmatic areas. Programmatic assessment shall also
take into account cumulative impacts and risks.
Consistent with the provisions of the Local Government Code,
the Department may enter into agreement with LGUs to
incorporate programmatic environmental impact assessment into
the preparation, updating or revision of local land use plans and
area development plans.
SECTION 18. Environmental Impact Assessment System
Programmatic Compliance with Water Quality Standards. -
The. Department may allow each regional industrial center
established pursuant to Republic Act No.7916 (PEZA law) to
allocate effluent quotas to pollution sources within its jurisdiction
that qualify under an environmental impact assessment system
programmatic compliance program in accordance with
Presidential Decree No. 15867 and its implementing rules and
regulations.
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 19. Lead Agency. - The Department shall be the
primary government agency responsible for the implementation
and enforcement of this Act unless otherwise provided herein. As
such, it shall have the following functions, powers and
responsibilities:
a) Prepare a National Water Quality Status Report within
twenty-four (24) months from the effectivity of this
Act: Provided, That the Department shall thereafter review
or revise and publish annually, or as the need arises, said
report;
b) Prepare an Integrated Water Quality Management
Framework within twelve (12) months following the
completion of the status report;
c) Prepare a ten (10) year Water Quality Management Area
Action Plan within twelve (12) months following the
completion of the framework for each designated water
management area. Such action plan shall be reviewed by
the water quality management area governing board every
five (5) years or as need arises;
d) Prepare and publish a national a national groundwater
vulnerability map incorporating the prevailing standards and
methodologies, within twenty four (24) months after the
effectivity of this Act;
e) Enforce, review and revise within twelve (12) months from
the effectivity of this Act water quality guidelines after due
consultation with the concerned stakeholder sectors:
Provided, That the Department, in coordination with
appropriate agencies shall review said guidelines every five
(5) years or as need arises;
f) Review and set effluent standards every five (5) years
from the effectivity of this Act or sooner as determined by
the Department: Provided, That in the interim, the provisions
of DENR Administrative Order No. 35 of the Department
shall apply: Provided, further, That when new and more
stringent standards are set in accordance with this section,
the Department may establish a grace period with a
maximum of five (5) years: Provided, finally, That such
grace period shall be limited to the moratorium on the
issuance of cease and desist and/or closure order against
the industry's operations except in the event such operation
poses serious and grave threat to the environment, or the
industry fails to institute retooling, upgrading or establishing
an environmental management system (EMS).
g) Establish within twelve (12) months from the effectivity of
this Act, internationally-accepted procedures for sampling
and analysis of pollutants and in coordination with other
concerned agencies, formulate testing procedures and
establish an accreditation system for laboratories;
h) Within eighteen (18) months from the effectivity of this Act
and every two (2) years thereafter, categorize point and
non-point sources of water pollution;
i) Classify groundwater sources within twelve (12) months
from the effectivity of this Act;
j) Classify or reclassify all water bodies according to their
beneficial usages: Provided, that in the interim, the
provisions of DENR Administrative Order No.34 shall
apply: Provided, further, that such classification or
reclassification shall take into consideration the operation of
businesses or facilities that are existing prior to the
effectivity of the Act: Provided, furthermore, that the
Department may authorize the use of the water for other
purposes that are more restrictive in classification: Provided,
finally, That discharges resulting from such use shall meet
the effluent standards set by the Department;
k) Exercise jurisdiction over all aspects of water pollution,
determine its location, magnitude, extent, severity, causes,
effects and other pertinent information on pollution, and to
take measures, using available methods and technologies to
prevent and abate such pollution;
l) Exercise supervision and control over all aspects of water
quality management;
m) Establish a cooperative effort in partnership with the
government, LGUs, academic institutions, civil society and
the private sector to attain the objectives of this Act;
n) Disseminate information and conduct educational
awareness and value formation programs and campaigns
on the effects of water pollution on health and environment,
water quality management, and resource conservation and
recovery to encourage an environmentally action-oriented
society in coordination with government agencies identified
in Section 22 (f);
o) Promote. and encourage private and business sectors
especially manufacturing and processing plants the use of
water quality management systems equipment, including but
not limited to, industrial wastewater treatment collection and
treatment facilities;
p) Report, on an annual basis, to Congress the, quality
status of water bodies and other pertinent information and
recommend possible legislation, policies and programs for
environmental management and water pollution control;
q) Issue rules and regulations for the effective
implementation of the provisions of this Act;
r) Issue orders against any person or entity and impose
fines, penalties and other administrative sanctions to compel
compliance with water quality the provisions of this Act;
s) Undertake appropriate protocol with other concerned
agencies for immediate coordinated responses to water
related emergency incidents;
t) Issue permits, clearances and similar instruments
pursuant to this Act; and
u) Exercise such powers and perform such other functions
as may be necessary to carry out the objectives of this Act
The Department shall gradually devolve to the LGUs, and to the
governing boards the authority to administer some aspects of
water quality management and regulation, including, but not to
be limited to, permit issuance, monitoring and imposition of
administrative penalties, when, upon the Department's
determination, the LGU or the governing board has
demonstrated readiness and technical capability to undertake
such functions.
SECTION 20. Role of Local Government Units. - Local
government units shall share the responsibility in the
management and improvement of water quality within their
territorial jurisdictions.
Each local government unit shall within six (6) months after the
establishment of the water quality management area action plan
prepare a compliance scheme in, accordance thereof, subject to
review and approval of the governing board.
Each local government unit shall, through its Environment and
Natural Resources Office (ENRO) established in Republic Act
No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality
Management Action Plan;
d) To take active participation in all efforts concerning water
quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil
society and the concerned sectors in the implementation of
measures to prevent and control water pollution: Provided,
however, That in provinces/cities/municipalities where there
are no environment and natural resources officers, the local
executive concerned may, with the approval of the Secretary
of the DENR designate any of his official and/or chief of
office preferably the provincial, city or municipal agriculturist,
or any of his employee:Provided, finally, That in case an
employee is designated as such, he must have sufficient
experience in environmental and natural resources
management, conservation and utilization.
SECTION 21. Business and Industry Role in Environmental
Management. - The Department and the LGUs, in coordination
with the appropriate government agencies. and in consultation
with the business and industrial sectors including commerce,
shall formulate appropriate incentives for the adoption
procedures that will preserve and protect our water bodies
through the introduction of innovative equipment and processes
that reduce if totally eliminate discharge of pollutants into our
water bodies.
SECTION 22. Linkage Mechanism. - The Department and its
concerned attached agencies including LLDA shall coordinate
and enter into agreement with other government agencies,
industrial sector and other concerned sectors in the furtherance
of the objectives of this Act- The following agencies shall perform
tile functions specified hereunder:
a) Philippine Coast Guard in coordination with DA and the
Department shall enforce for the enforcement of water quality
standards in marine waters, set pursuant to this Act, specifically
from offshore sources;
b) DPWH through its attached agencies, such as the MWSS,
LWUA, and including other urban water utilities for the provision
or sewerage and sanitation facilities and the efficient and safe
collection, treatment and disposal of sewage within their area of
jurisdiction;
c) DA, shall coordinate with the Department, in the formulation of
guidelines for the re-use of wastewater for irrigation and other
agricultural uses and for the prevention, control and abatement
of pollution from agricultural and aquaculture activities: Provided,
That discharges coming from non-point sources be categorized
and further defined pursuant to this Act: Provided, further, That
the Bureau of Fisheries and Aquatic Resources (BFAR) of the
DA shall be primarily responsible for the prevention and control
of water pollution for the development, management and
conservation of the fisheries and aquatic resources;
d) DOH shall be primarily responsible for the promulgation,
revision and enforcement of drinking water quality standards;
e) DOST, in coordination with the Department and other
concerned agencies, shall prepare a program for the evaluation,
verification, development and public dissemination of pollution
prevention and cleaner production technologies; and
f) Department of Education (DepEd), Commission Higher
Education (CHED), Department of the Interior and Local
Government (DILG) and Philippine Information Agency (PIA)
shall assist and coordinate with the Department in, the
preparation and implementation of a comprehensive program
pursuant to the objectives of this Act.
SECTION 23. Requirement of Record-keeping, Authority for
Entry to Premises and Access to Documents. - The
Department or its duly authorized representative shall, after
proper consultation and notice, require any person who owns or
operates any pollution source or who is subject to. any
requirement of this Act to submit reports and other written
information as may be required by the department.
Any record, report or information obtained under this section
shall be made available to the public, except upon a satisfactory
showing to the Department by the, entity concerned that the
record, report, or information or parts thereof, if made public,
would divulge secret methods or processes entitled to protection
as intellectual property. Such record, report or information shall
likewise be incorporated in the Department's industrial rating
system. Pursuant to this Act, the Department, through it's
authorized representatives, shall have the right to: (a) enter any
premises or to have access to documents and relevant materials
as referred to in the herein preceding paragraph; (b) inspect any
pollution or waste source, control device, monitoring equipment
or method required; and (c) test any discharge.
In cases of fish kill incidence, the Bureau of Fisheries of the DA,
in the course of its investigation, may enter the premises of an
establishment reported to have caused said incident.
SECTION 24. Pollution Research and Development
Programs. - The Department, in coordination with the
Department of Science and Technology (DOST), other
concerned agencies and academic research institutions, shall
establish a national research and development program for the
prevention and control of water pollution. As part of said
program, the DOST shall conduct and promote the coordination
and acceleration of research, investigation, experiments,
training, survey and studies relating to the causes, extent,
prevention and control of pollution among concerned
government agencies and research institutions.
CHAPTER 4
INCENTIVES AND REWARDS
SECTION 25. Rewards. - Rewards, monetary or otherwise, shall
be provided to individuals, private organization and entities,
including civil society, that have undertaken outstanding and
innovative projects, technologies, processes and techniques or
activities in water quality management. Said rewards shall be
sourced from the Water Quality Management Fund herein
created.
SECTION 26. Incentives Scheme. - An incentive scheme is
hereby provided for the purpose of encouraging LGUs, water
districts (WDs), enterprises, or private entities, and individuals, to
develop or undertake an effective water quality management, or
actively participate in any program geared towards the promotion
thereof as provided in this Act.
A. Non-fiscal incentive
1. Inclusion in the Investments Priority Plan (IPP). - Subject to
the rules and regulations of the Board of Investments (BOI),
industrial wastewater treatment and/or adoption of water
pollution control technology, cleaner production and waste
minimization technology shall be classified as preferred areas of
investment under its annual priority plan and shall enjoy the
applicable fiscal and non-fiscal incentives as may be provided for
under the Omnibus Investment Code, as amended.
Fiscal Incentives
1. Tax and Duty Exemption on Imported Capital Equipment. -
Within ten 10) years upon the effectivity of this Act, LGUs, WDs,
enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for
industrial wastewater treatment/collection and treatment
facilities: Provided, That the importation of such machinery,
equipment and spare parts shall comply with the following
conditions:
a) They are not manufactured domestically in sufficient quantity,
of comparable quality and at reasonable prices;
b) They are reasonably needed and will be used actually, directly
and exclusively for the above mentioned activities; and
c) Written endorsement by the Department that the importation
of such machinery, equipment and spare parts would be
beneficial to environmental protection and
management: Provided, further, That the sale, transfer or
disposition of such machinery, equipment and spare parts
without prior approval of the BOI within five (5) years from the
date of acquisition shall be prohibited, otherwise the LGU
concerned, WD, enterprise or private entity and the concerned
vendee, transferee or assignee shall be solidarity liable to pay
twice the amount of tax and duty exemption given it.
2. Tax Credit on Domestic Capital Equipment. - Within ten (10)
years from the effectivity of this Act, a tax credit equivalent to
one hundred percent (100%) of the value of the national internal
revenue taxes and customs duties that would have been waived
on the machinery, equipment, and spare parts, had these items
been imported shall be given to enterprises or private entities
and individuals, subject to the same conditions and prohibition
cited in the preceding paragraph.
3. Tax and Duty Exemption of Donations, Legacies and Gifts. -
All legacies, gifts and donations to LGUs, WDs, enterprises, or
private entities and individuals, for the support and maintenance
of the program for effective water quality management shall be
exempt from donor's tax and shall be deductible from the gross
income of the donor for income tax purposes.
Imported articles donated to, or for the account of any LGUs,
WDs, local water utilities, enterprises, or private entities and
individuals to be exclusively used for water quality management
programs shall be exempted from the payment of customs duties
and applicable internal revenue taxes.
Industrial wastewater treatment and/or installation of water
pollution control devices shall be classified as pioneer and
preferred areas of investment under the BOI's annual priority
plan and shall enjoy- the applicable fiscal and non-fiscal
incentives as may be provided for under the Omnibus
Investment Code, as amended.
B. Financial Assistance Program
Government financial institutions such as the Development Bank
of the Philippines, Land Bank of the Philippines, Government
Service Insurance System, and such other government
institutions providing financial services shall, in accordance with
and to the extent allowed by the enabling provisions of their
respective charters or applicable laws, accord high priority to
extend financial services to LGUs, WDs, enterprises, or private
entities engaged in sewage collection and treatment facilities.
C. Extension or Grants to LGUs
Cities and municipalities which shall establish or operate
sewerage facilities may be entitled to receive grants for the
purpose of developing technical capabilities.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SECTION 27. Prohibited Acts. - The following acts are hereby
prohibited:
a) Discharging, depositing or causing to be deposited material of
any kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to
be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or
impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-
soil any substance in any form that would pollute groundwater. In
the case of geothermal projects, and subject to the approval of
the Department, regulated discharge for short- term activities
(e.g. well testing, flushing, commissioning, venting) and deep re-
injection of geothermal liquids may be allowed: Provided, That
safety measures are adopted to prevent the contamination of the
groundwater;
c) Operating facilities that discharge regulated water pollutants
without the valid required permits or after the permit was revoked
for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water
by vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage
sludge or solid waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals,
substances or pollutants listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or
through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be washed into such surface,
ground, coastal, and marine water;
h) Undertaking activities or development and expansion of
projects, or operating wastewater/sewerage facilities in violation
of Presidential Decree. No.1586 and its implementing rules, and
regulations;
i) Discharging regulated water pollutants without the valid
required discharge permit pursuant to this Act or after the permit
was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework
and Management Area Action Plan. In such a case, sanctions
shall be imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the
Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports
and records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers
whenever required by, the Department in accordance with this
Act; and
o) Directly using booster pumps in the distribution system or
tampering with the water supply in such a way as to alter or
impair the water quality.
SECTION 28. Fines, Damages and Penalties. - Unless
otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or
violates any of the provision of this Act or its implementing rules
and regulations, shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of not less than Ten
thousand pesos (P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every day of violation. The
fines herein prescribed shall be increased by ten percent (10%)
every two (2) years to compensate for inflation and to maintain
the deterrent function of such fines: Provided, That the
Secretary, upon recommendation of the PAB may order the
closure, suspension of development or construction, or cessation
of operations or, where appropriate disconnection of water
supply, until such time that proper environmental safeguards are
put in place and/or compliance with this Act or its rules and
regulations are undertaken. This paragraph shall be without
prejudice to the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of
operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through
gross negligence, shall be punished by imprisonment of not less
than two (2) years and not more than four (4) years and a fine
not less than Fifty thousand pesos (P50,000.00) and not more
than One hundred thousand pesos (P100,000.00) per day for
each day of violation. Such failure or refusal which results in
serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall
be punished with imprisonment of not less than six (6) years and
one day and not more than twelve (12) years, and a fine of Five
Hundred Thousand Pesos (P500,000.00) per day for each day
during which the omission and/or contamination continues.
In case of gross violation of this Act, the PAB shall issue a
resolution recommending that the proper government agencies
file criminal charges against the violators. Gross violation shall
mean any of the following:
a) deliberate discharge of toxic pollutants identified pursuant
to Republic Act No.6969 in toxic amounts;
b) five {5) or more violations within a period of two (2) years;
or
c) blatant disregard of the orders of the PAB, such as the
non-payment of fines, breaking of seals or operating despite
the existence of an order for closure, discontinuance or
cessation of operation.
In which case, offenders shall be punished with a fine of not less
than Five hundred thousand pesos (P500,000.00) but not more
than Three million pesos (P3,000,000.00} per day for each day
of violation or imprisonment of not less than six {6) years but not
more than ten {10) years, or both, at the discretion of the court. If
the offender is a juridical person, the president, manager and the
pollution control officer or the official in charge of the operation
shall suffer the penalty herein provided.
For violations falling under Section 4 of Presidential Decree
No.979 or any regulations prescribed in pursuance thereof, such
person shall be liable for a fine of no1 less than Fifty thousand
pesos {P50,000.00) nor more than One million pesos
(P1,000,000.00) or by imprisonment of not less than one {1) year
nor more than six (6) years or both, for each offense, without
prejudice to the civil liability of the offender in accordance with
existing laws. If the offender is a juridical entity, then its officers,
directors, agents or any person primarily responsible shall be
held liable: Provided, That any vessel from which oil or other
harmful substances are discharged in violation of Section 4 of
Presidential Decree No.979 shall be liable for penalty of fine
specified in the immediately preceding paragraph and clearance
of such vessel from the port of the Philippines may be withheld
until the fine is paid and such penalty shall constitute a lien on
such vessel which may be recovered in proceedings by libel
in rem in the proper court which the vessel may be. The owner or
operator of a vessel or facility which discharged the oil or other
harmful substances will be liable to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or
omissions --- committed within the Laguna Lake Region shall be
dealt with in accordance with the procedure under R. A. No.4850
as amended.
SECTION 29. Administrative Sanctions Against Non-
compliance with the Water Quality Management Area Action
Plan. - Local government officials concerned shall be subject to
Administrative sanctions incase of failure to comply with their
action plan accordance with the relevant provisions of R.A. No.
7160.
CHAPTER 6
ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the
right of any affected person to file an administrative action, the
Department shall, on its own instance or upon verified complaint
by any person, institute administrative proceedings in the proper
forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the
Department with respect to such standard or limitation.
CHAPTER 7
FINAL PROVISIONS
SECTION 31. Appropriations.- An amount of One hundred
million pesos (P100,000,000.00) shall be appropriated from the
savings of the National Government to the Department for the
initial implementation of this Act. Thereafter, the amount
necessary to effectively carry out the provision of this Act shall
be included in the General Appropriations Act of the year
following its enactment into law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The
Department, in coordination with the Committees on
Environment and Ecology of the Senate and the House of
Representatives, respectively and other concerned agencies
shall promulgate the implementing rules and regulations for this
Act, within one (1) year after the enactment of this Act: Provided.
That rules and regulations issued by other government agencies
and instrumentalities for the prevention and/or abatement of
water pollution not inconsistent with this Act shall supplement the
rules and regulations issued by the Department, pursuant to the
provisions of this Act.
The draft of the implementing rules and regulations shall be
published and be the subject of public consultations with affected
sectors.
There shall be a mandatory review of the implementing rules and
regulations and standards set pursuant to the provisions of this
Act.
SECTION 33. J oint Congressional Oversight Committee. -
There is hereby created a Joint Congressional Oversight
Committee to monitor the implementation of this Act and to
review the implementing rules and regulations promulgated by
the Department. The Committee shall be composed of five (5)
Senators and five; (5) Representatives to be appointed by the
Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be
co-chaired by the Chairpersons of the Committee on
Environment of the Senate and the Committee on Ecology of the
House of Representatives.

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Prepared by: OMEGA, Alfie L.

NR and Environmental Laws STM-College of LAW

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