Natural Resources Environmental Laws

PHILIPPINE FISHERIES

Submitted to:

Atty. Rodolfo Sabio

Submitted by:

Mendoza, Marvin

Navarro, Shareyde F.

Paz, Mikaela Denise N.

Picones, Joe Mari V.

Torio, Alyssa Joy D.

OUTLINE OF REPORT:

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I. THESIS STATEMENT

II. DEFINITION OF TERMS

III. BACKGROUND

IV. STATUS OF FISHERIES IN THE PHILIPPINES

V. INSTITUTIONAL FRAMEWORK

VI. LAWS AND JURISPRUDENCE

VII. NGO AND COMMUNITY PARTICIPATION

VIII. ISSUES AND RECOMMENDATIONS

IX. CONCLUSION

X. BIBLIOGRAPHY

I. THESIS STATEMENT

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The Philippines is known to have one of the richest fishery resources. However,
illegal, unreported and unregulated fishing (IUUF) practices have substantially
caused the depletion of same to an alarming level. This study aims to explore the
current situation of the country’s fisheries after the passage of more comprehensive
and pervasive amendatory fishery law and particularly focuses on issues on the local
level in relation to sustainability and livelihood.

II. DEFINITION OF TERMS AND KEY PROVISIONS

RA 8550

Sec. 4. Definition of Terms

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:

Small scale commercial fishing — fishing with passive or active gear utilizing fishing
vessels of 3.1 gross tons (GT) up to twenty (20) GT;
Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1
GT up to one hundred fifty (150) GT; and
Large commercial fishing — fishing utilizing active gears and vessels of more than
one hundred fifty (150) GT.

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;

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 the opposite shore of the respective
municipalities.

Sec. 16 Jurisdiction of the Municipal/City Governments -- The municipal/city

government shall have jurisdiction over municipal waters as defined in this Code.

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The municipality/City government, in coordination with FARMC, enact appropriate
ordinances for this purpose and in accordance with the National Fisheries Policy .
The ordinance enacted by the municipality and component city shall be reviewed
pursuant to RA 7160 by their 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 municipality/city councilor.

Sec. 17. Grant of fishing privileges in municipal waters. -- The duly registered
fisherfolk organization/cooperatives shall have preferences in the grant of fishery
rights by the Municipal/City Council pursuant to Section 149 of the Local
Government Code: Provided, that the in the area where there are special agencies or
offices vested with jurisdiction over municipal water by virtue of special law
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.

Sec. 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 shall and
medium commercial fishing vessels to operate within the then 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 polices 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 ship owner, 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.

RA 7160

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Sec. 149 -- (a) Municipalities shall have the exclusive authority to grant fishery
privileges in the municipal waters and impose rentals, fees or charges therefor in
accordance with the provisions of this section.

(b) (1) Grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic
beds or bangus fry areas, within a definite zone of the municipal waters, as
determined by it: Provided, however, That duly registered organizations and
cooperatives of marginal fishermen shall have the preferential right to such fishery
privileges: Provided, further, That the sangguniang bayan may require a public
bidding in conformity with and pursuant to an ordinance for the grant of such
privileges: Provided, finally, That in the absence of such organizations and
cooperatives or their failure to exercise their preferential right, other parties may
participate in the public bidding in conformity with the above cited procedure.

(2) Grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-kawag
or fry of other species and fish from the municipal waters by nets, traps or other
fishing gears to marginal fishermen free of any rental, fee, charge or any other
imposition whatsoever.

(3) Issue licenses for the operation of fishing vessels of three (3) tons or less for
which purpose the sangguniang bayan shall promulgate rules and regulations
regarding the issuances of such licenses to qualified applicants under existing laws.

Provided, however, That the sanggunian concerned shall, by appropriate ordinance,

penalize the use of explosives, noxious or poisonous substances, electricity, muro-
ami, and other deleterious methods of fishing and prescribe a criminal penalty
therefor in accordance with the provisions of this Code: Provided, finally, That the
sanggunian concerned shall have the authority to prosecute any violation of the
provisions of applicable fishery laws.

III. BACKGROUND

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In 2017, the Philippines had a population of about 103 million, and mean per capita
consumption of fish and fishery products of 40 kg/year or 109 grams/day with the
percent of fish and fishery products intake to the total intake at 12.8%. In 2015, the
fishing industry contributed 1.5% and 1.7% at current and constant prices,
respectively, to the country’s gross domestic products (GDP) with the fisheries
sector providing employment to over 1.6 million people, 85% of whom were from
the municipal fisheries and 1% from commercial fisheries, while the aquaculture
sector employed 14% .However, the state of the country’s resources in municipal
waters is lightly to heavily exploited and overfished.  Our commercial fishing is
classified into three sectors : the small scale sectors which makes use of passive or
active gear and utilizing fishing vessels of 3.1-20 GT, the medium scale sector which
utilizes active gears and vessels of 20.1-150 GT, and the large scale sector which
utilizes active gears and vessels of more than 150 GT. As to the status and trends of
our country’s fish production, our ountry is one of the top fish producing countries
in the world. The total volume of fisheries production in the Philippines in 2015
reached 4.65 million MT with the total value of US$ 7.26 billion. The country’s
municipal fisheries contributed 1.01 million MT or 21.7% of the total fish production
in 2015. In 2015, commercial fisheries contributed 1.08 million MT or 23.3% to the
country’s total fisheries production. Indian sardine contributed the most, 217,758
MT or 20%. Skipjack provided 199,152.50 MT (18%), followed by round scad and
yellowfin tuna that contributed 164,443.04 MT (15%) and 102,400.30 metric tons
(10%), respectively. In 2016, the country’s total number of commercial fishing fleet
comprised 3,473 vessels that were licensed by BFAR. The major commercial fishing
gears used are ring net, trawl, handline, purse seine, bag net, and longline. Our
country’s inland fishing production on the other hand, contributed 204,733.99 MT or
4.4% to the total fisheries production in 2015. The bulk of the catch came from
Laguna Bay, Lake Lanao, and Taal Lake that cover 74% of the country’s total area of
lakes. As to our Aquaculture, it has a strong potential for further expansion and
development in view of the availability of vast resources (338,393 ha of swampland,
14,531 ha of freshwater fishponds, 239,323 ha of brackishwater fishponds, 200,000
ha of lakes, 31,000 ha of rivers, and 19,000 ha of reservoirs). In the Philippines,
aquaculture is categorized according to environment, farming system, farming
technology, and production. As to our fish utilization, the country’s fish catch are
sold in local markets although significant portion especially shrimps are shipped to
Manila or other urban areas. Around 70% of the catch is consumed fresh or chilled,
while 30% is processed (cured, canned, frozen products or disposed of live). The
bulk of cured fish and fishery products are consumed locally, while only a small
quantity is exported as ethnic products. As to our fish trade, Tuna remained as the
country’s top export commodity with a volume of 97,815 MT as fresh/chilled/frozen,
smoked/dried, and canned tuna products valued at US$ 231 million. The three major
export commodities (tuna, seaweeds, shrimp/prawn) combined account for 63%
(153,667 MT) of the total export volume (226,821 MT) and 58% (US$ 531,333
million) of the total export value of US$ 909 million. Other exported major fishery
products, e.g. crabs, crab fats, octopus, grouper, cuttlefish, squid, ornamental fish,
round scad, and sea cucumber constitute 21% or US$ 189 million of the total export
revenues. The other commodities accounted for the remaining 21% of the total
export value. In terms of value, the major destinations of Philippine fishery products
are USA (24%), Japan (13%), Hong Kong (9%), Germany (6%), China (4.8%), Taiwan
(3.7%), UK (3.6%), Spain (3.3%), Netherlands (2.1%), South Korea (1.9%), and

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others (28%). As an end note, gender-equality, policies specifically leaning towards
women, , have also been enacted in relation to managing our fisheries as provided
for implementing rules and regulations of the magna carta of women.

IV. STATUS OF FISHERIES IN THE PHILIPPINES

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ILLEGAL, UNREPORTED AND UNREGULATED FISHING; EFFECTS ON FISHERS
The Philippine archipelago is one of the largest of fish-producing nations in the
world. Millions of people rely on fishing as a source of livelihood. Like many other
countries gifted which such natural resource, the Philippines is facing overfishing
crisis caused by illegal, unreported and unregulated (IUU) fishing. Of the country’s
13 major fishing grounds, 10 are overfished (edf.org). Such problem not only
weakens efforts to manage fisheries sustainably, it also threatens the food and
livelihood security of coastal communities. Marine biodiversity loss and fisheries
decline have a significant impact on Filipinos, as fish provide more than 50% of
their dietary protein and serve as an important source of nutrients. Collapsed
fisheries would be economically devastating for fisherfolk families. Small-scale or
municipal fishers estimated to be 1.7 million, already face higher proverty rates
and are considered among the poorest of the poor; 4 out of 10 Filipino fishers live
below the poverty line, catching an average of 3 kg/day and earning about
P195/day.
REFORMS ON LAW
RA 10654, which amended RA 8550 or the Philippine Fisheries Code, lapsed into law
on February 27, 2015. It’s object is to “prevent, deter and eliminate illegal,
unreported and unregulated” or IUU fishing in the country. Under said law, sanctions
have been raised to as high as P45 million for commercial fishing violators, and $2.4
million for poachers.

Before such amendment, illegal commercial fishing was rampant because of the slow
administration of justice but the amendatory law has given the Bureau of Fisheries
and Aquatic Resources (BFAR) more power in the campaign against illegal fishing
and preservation of marine life. It mandated the creation of an Adjudication
Committee under BFAR, which would speed up the determination of liability of
violators and imposition of penalties.

Large commercial fishing vessels tend to encroach upon municipal waters which are
reserved for local fisherfolks. One of the most significant features of RA 10654 is the
installation of a Monitoring, Control and Surveillance (MCS) system in “all Philippine
flagged fishing vessels regardless of fishing area and final destination of catch,”
which is intended to ensure compliance with fisheries regulations of this large
fishing vessels. BFAR is assisted by NOAA to improve its vessel monitoring system.
With support from USAID, NOAA is training the Bureau and other enforcement
agencies in setting up and analyzing information on an Alert System for Boat
Detection for municipal waters and seasonal closure of critical fisheries.

CURRENT STATUS OF FISHERIES

From July 2016 to June 2017, BFAR has filed 863 cases against fishing operators
over illegal, unreported and unregulated (IUU) fishing activities nationwide. Of the
total number, BFAR 6 has racked up 238 cases during the period. The Bureau of
Fisheries and Aquatic Resources (BFAR) Regional Office 6 has the most number of
cases filed on illegal fishing among sixteen regions of the country. BFAR 6 conducts

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all its seaborne and land-based operations in cooperation with the Iloilo Police
Provincial Office, Philippine Coast Guard, Philippine National Police – Maritime
Group, Maritime Industry Authority, local government units, Provincial Government
of Iloilo, Provincial Environment and Management Office of Negros Occidental and
other law enforcement agencies. Data from BFAR 6 showed that 40 percent of the
238 cases filed are violations related to the following: active gears in the municipal
waters; use of fine mesh nets; use of destructive fishing gears and methods; blast
fishing; and electrofishing and use of noxious substances.

Under a Public-Private Partnerships, the Philippine National Police-Maritime

Group has this anonymous Short Message Service hotline that allows local
communities to report illegal fishing. The hotline, 700DALOY, crowdsources the
detection of illegal fishing and helps local government and maritime police better
coordinate enforcement. Within a six-month pilot deployment in Tawi Tawi in
2015, more than 3,000 reports were received through 700DALOY, which led to 25
arrests and the recovery of fish worth more than $1 million. The United Nations
Environmental Program awarded the Philippine National Police-Maritime Group
with the first Asia Environmental Enforcement Award for its achievements in
conducting more than 1,500 operations against violation of fisheries and wildlife
laws leading to the seizure of endangered aquatic species, 3,000 illegal fishing
arrests and the collection of fines worth more than $3 million. USAID provided
support to the maritime police to scale up 700DALOY to seven more marine key
biodiversity areas in the country. In September 2016, the Group launched the
700DALOY information management system to improve the collection, retrieval
and analysis of maritime law violations.

In the Eastern Visayas region, a key official from the fishery sector has expressed
alarm over record breaking drop of fishery production therein during the first
quarter of 2018. The Philippine Statistics Authority (PSA) reported that fishery
production in Eastern Visayas dropped by 29 percent from 37,607 metric tons (MT)
in the first quarter of 2017 to 26,704 MT in the same period this year. BFAR said the
overall output is largely driven by commercial fishing decline. There has been a
reduction in commercial fisheries, brought by the intensified patrol operations,
inclement weather and decrease in the number of licensed commercial fishing
vessels.

COMBATING RESISTANCE TO CHANGE

Not everyone is happy about the law and the penalties meted against its violators.
Resistance to change is still evident. In some places, fish bombers threaten
authorities with automatic weapons and the same bombs they use to blow up fish. In
Palawan, there is a continuing exploitation of almost all forms of local wildlife largely
because the vast majority of habitat is owned and managed by clans, villages, and
district councils. Authors speculate that the local government bodies therein choose
not to enforce national laws that conflict with their traditional lifestyles. Most people
in this area still highly rely upon food gathered from the forests and ocean to survive.
Considering the traditional dependency of people on wild resources, cultural
sentiments and livelihoods, any interventions for fisheries conservation must have

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the support of local inhabitants, which will necessitate offering alternative
livelihoods.

There are efforts to educate fishermen that although cyanide and dynamite fishing
helps increase the day’s catch, they destroy that goose that lay the golden egg in the
long run. Environmental groups are encouraging fishermen to use traditional fishing
methods and to realize that the reefs are a resource that must be preserved. Villagers
are encouraged to establish offshore fish farms, seaweed farms and to set up “fish-
aggregation devices”—floating platforms anchored in the water that attract algae
and fish.

Local communities must cooperate with various stakeholders and be vigorously

engaged in assessing and evaluating the performance of public authorities in coastal
and marine protection and take action to ensure sustainable management of our
fisheries. Fisheres should agree to adhere to sustainable limits on catch in exchange
for an ownership stake in their fisheries. As the fishery recovers, they benefit
directly. Scientific studies have validated that this approach—already working in 40
countries—leads to more fish in the water, more food on people’s plates, and more
income for communities.

V. LAWS AND JURISPRUDENCE

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A. CURRENT LAWS AND BILLS

The following laws are listed according to hierarchy: from pertinent provisions of
the Philippine Constitution, to national laws and international treaties and
agreements, to Executive Orders of the President, to Administrative Orders and
Circulars issued by government agencies. The role of ordinances enacted by local
government units is also briefly discussed. In each section, the laws are listed in
reverse chronological order, from the most recent to the oldest. (oneocean.org)

Hierarchy of laws in the Philippines

The 1987 Philippine Constitution establishes, limits and defines the fundamental

powers of government. It is the highest law of the land, and all other laws and legal
issuances may be said to spring from—and must be in harmony with—its
provisions.

The following provisions of the 1987 Philippine Constitution lay down the State
policies and principles significant to the coastal environment and to the rights of the
people to the country’s coastal resources.

Article I - National Territory -- “The national territory comprises the Philippine

archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.”

Article II, Section 15 -- “The State shall protect and promote the right to health of
the people…”

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Article II, 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 harmonyof
nature.”

Article XII, Section 2 -- “All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of natural resources shall be
under the full control and supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint venture, or production-
sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Suchagreements may be
for a period not exceeding twenty-five years, renewable for not more than twenty-
five years, and under such terms and conditions as may be provided by law. In cases
of water rights for irrigation, water supply, fisheries, or industrial uses other than
the development of water power, beneficial use may be the measure and limit of the
grant.

“The State shall protect the nation’s marine wealth in its archipelagic waters,
territorial sea and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.

“The Congress may, by law, allow small-scale utilization of natural resources by

Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fish-workers in rivers, lakes, bays, and lagoons.”

Article XIII, Section 7 -- “The State shall protect the rights of subsistence
fishermen,\ especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore. It shall
providesupport to such fishermen through appropriate technology and research,
adequate financial, production, and marketing assistance, and other services. The
State shall also protect, develop, and conserve such resources. The protection shall
extend to offshore fishing grounds of subsistence fishermen against foreign
intrusion. Fishworkers shall receive a just share from their labor in the utilization of
marine and fishing resources.”

National laws are those statutes enacted by the legislative authority of the

Philippines. Although legislative authority generally resides in Congress, there have
been instances in history when the executive branch exercised this power. One
example is Amendment 6 of 1976, which gave full legislative powers to then Pres.
Ferdinand Marcos. As such, certain Presidential Decrees (PDs) issued by Marcos are
considered as national laws, such as PD No. 705, otherwise known as “The Forestry
Reform Code of the Philippines”, which is still the governing law on forestry to date.

Some laws listed below might appear as having nothing to do with the coastal
environment. These were included as they contain provisions applicable to some
aspects of coastal law enforcement. An example would be the Labor Code of the
Philippines, which covers agricultural workers, including fishworkers.

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RA 9367 (2007) Bio fuels Act of 2006 (provisions on water effluents in accordance
with RA 9175)

RA No.9344 (2006) Juvenile Justice and Welfare Act of 2006 (applicable to children

involved in fishery violations; no criminal liability for crimes committed by minors
below 15 years old, only civil liability; minors aged 15 to below 18 years of age must
have acted with discernment, otherwise, they incur no criminal liability)

RA 9275 (2004) Philippine Clean Water Act of 2004

RA 9147 (2001) The Wildlife Resources Conservation and Protection Act

RA 8550 (1998) The Philippine Fisheries Code

RA 8435 (1997) The Agriculture and Fisheries Modernization Act

RA 8371 (1997) The Indigenous Peoples’ Rights Act includes the indigenous

peoples’ ownership and management of their ancestral waters)

RA 7586 (1992) The National Integrated Protected Areas Systems Act

RA 7942 (1995) The Philippine Mining Act

RA 7611 (1992) The Strategic Environmental Plan for Palawan

RA 7161 (1991) An Act Incorporating Certain Sections of the National Internal

Revenue Code of 1977, as Amended, to PD No. 705, as Amended, Otherwise Known
as the “Revised Forestry Code of the Philippines…” (Section 4, amending Section 71
of PD 705, prohibits the cutting of all mangrove species)

RA 7160 (1991) The Local Government Code of 1991(rights and responsibilities of

LGUs and offices include management and protection of the coastal environment, see
Annex 2)

RA 6969 (1990) Toxic Substance, Hazardous and Nuclear Waste Control Act of 1990
(prohibits the entry and transit of hazardous and nuclear wastes within Philippine
territorial waters)

PD 1586 (1978) The Environmental Impact Statement Law Establishing an

Environmental Impact Statement System, Including Other Environmental
Management Related Measures and for Other Purposes

PD 1084 (1977) (Amended by EO 525) Creating the Public Estates

Authority (PEA is responsible for integrating, directing and coordinating all

reclamation

projects for and in behalf of the government)

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PD 1198 (1977) Requiring All Individuals, Partnerships or Corporations Engaged in
the Exploration, Development or Exploitation of Natural Resources or in the
Construction of Infrastructure Projects to Restore or Rehabilitate to Their Original
Condition Areas Subject Thereof or Affected Thereby

PD 1160 (1977) Vesting Authority in Barangay Captains to Enforce Pollution and

Environmental Control Laws and for Other Purposes

PD 1152 (1977) The Philippine Environmental Code

PD 1067 (1976) The Water Code of the Philippines

PD 984 (1976) The Pollution Control Law

PD 979 (1976) The Marine Pollution Decree

PD 813 (1975) Further Amending RA 4850, Otherwise Known as “An Act Creating

the Laguna Lake Development Authority Prescribing Its Powers, Functions and
Duties, Providing Funds Therefor and for Other Purposes”

PD 705 (1975) The Forestry Reform Code of the Philippines (contains provisions

covering mangroves)

PD 601 (1974) The Revised Coast Guard Law

PD 442 (1974) The Labor Code of the Philippines (applicable to agricultural

workers, including fish workers)

RA 4850 (1966) An Act Creating the Laguna Lake Development Authority,

Prescribing Its Powers, Functions and Duties, Providing Funds Therefor and for
Other Purposes

Commonwealth Act 141 (1936) The Public Land Act

International Treaties and Agreements, once ratified by the Senate, become part
of Philippine law. Section 21 of the 1987 Constitution provides that treaties and
international agreements are valid and take effect when concurred with by at least
two-thirds of the Senate.

The following enumeration includes treaties and international agreements entered

into by the Philippines that are relevant to the protection of the coastal environment:

Cartagena Protocol on Biosafety (2000)

Code of Conduct for Responsible Fisheries (1995)

Action Agenda for Sustainable Development, Earth Summit (Agenda 21) (1992)

Convention on Biological Diversity (1992)

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World Commission on Environment and Development (1987)

Convention on Migratory Species (The Bonn Convention) (1983)

United Nations Convention on the Law of the Sea (1982)

Convention on the International Trade of Endangered Species of Wild Flora and

Fauna (CITES) (1973)

Convention Concerning the Protection of the World Cultural and Natural

Heritage (1972)

Convention on Wetlands of International Importance (The RamsarConvention)

(1971)

Executive Orders are acts of the President which provide for rules of a general or
permanent character to implement constitutional or statutory powers (De Leon,
1998).

Following are EOs that are relevant to coastal environment protection:

EO 734 (2007) Transferring the Supervision of the Palawan Council for Sustainable

Development (PCSD) from the Office of the President to the DENR

EO 533 (2006) Adopting Integrated Coastal Management as a National Strategy

EO 380 (2004) & EO 380-B (2006) Transferring the Functions of the Public Estates

Authority to the Philippine Reclamation Authority

EO No. 305 (2004) Devolving to Municipal and City Governments the Registration of

Fishing Vessels Three (3) Gross Tonnage Below

EO No. 247 (1995) Prescribing Guidelines for the Prospecting of Biological and

Genetic Resources

EO No. 240 (1995) Creating the Fisheries and Aquatic Resources Management

Councils (FARMCs) in Barangays, Cities and Municipalities, Their Composition and
Functions

EO No. 149 (1993) Streamlining the Office of the President, Resulting to the Transfer
of Administrative Supervision of the Laguna Lake Development Authority to the
Department of Environment and Natural Resources

EO No. 292 (1987) The Philippine Administrative Code

EO No. 192 (1987) The Reorganization Act of the DENR

EO No. 927 (1983) Further Defining Certain Functions and Powers of the Laguna
Lake Development Authority

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EO No. 525 (1979) Designating the Public Estates Authority as the Agency Primarily
Responsible For All Reclamation Projects

EO No. 542 (1979) Creating the Task Force Pawikan and

Appropriating Funds Therefor

Administrative Orders and Circulars. Administrative Orders are issuances

directed to particular offices, officials or employees for compliance on specific
matters. Circulars are issuances that prescribe policies, rules and regulations and
procedures applicable to individuals and organizations outside the government.
They are designed to supplement provisions of the law or to provide means and
information for carrying out these provisions. (De Leon, 1998) An examination of
AOs and circulars issued by government agencies, however, shows that the terms
“order” and “circular” are used interchangeably.

Many of the AOs in this list cite related but older AOs as an additional reference.
Some of these earlier AOs are still effective, as they have not been expressly
repealed, and may contain provisions that remain consistent with newer AOs.

Older AOs that have been supplanted by the newer AOs are still cited because they
contain definitions that may prove useful in interpreting the newer AOs. If anything
else, these repealed AOs are still helpful in giving the reader a historical perspective
of the development of policies regarding the covered subjects.

Department of Agriculture (DA) Fisheries Administrative Orders (FAOs)

FAO 225-1 (Series of 2007) Guidelines for the Importation of Pacific White

Shrimp (Penaeus vannamei)

FAO 225 (Series of 2007) Allowing the Importation of the Brood Stock of Pacific
White Shrimp, Penaeus vannamei, and the Culture of the Offspring Thereof

FAO 224 (Series of 2004) Establishment of Tuna Productivity Project in Davao Gulf

FAO 223-1 (Series of 2004) Amending Sec. 1 and 2 of FAO No. 223 Series of 2003 Re:
Moratorium on the Issuance of New Commercial Fishing Vessel and Gear License
(CFVGL)

DA AO No. 01 (Series of 2004) Guidelines for Delineating/Delimiting Municipal

Waters for Municipalities and Cities without Offshore Islands

FAO 223 (Series of 2003) Moratorium on the Issuance of New Commercial Fishing

Vessel and Gear License (CFVGL) as Part of a Precautionary Approach to Fisheries
Management

FAO 222 (Series of 2003) Regulations on the Operation of Danish Seine (Hulbot-

Hulbot)

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FAO 221 (Series of 2003) Further Regulating the Importation of Live Fish and
Fishery/Aquatic Products under FAO No. 135 s. 1981 to Include Microorganisms and
Biomolecules

FAO 218 (Series of 2001) Yearly Report on Aquaculture Projects

FAO 217 (Series of 2001) Obstruction to Defined Migration Paths

FAO 216 (Series of 2001) Obstruction to Navigation in Streams, Rivers, Lakes and
Bays

FAO 214 (Series of 2001) Code of Practice for Aquaculture (see FAO 160 s. 1986:
Rules and Regulations Governing the Construction, Establishment or Operation of
Fishpens and Fish Cages in Philippines; FAO 161 s. 1986: Revised Rules and
Regulations Governing the Issuance of Lease for Pearl Culture; FAO 168 s. 1990:
Rules and Regulations Governing the Gathering, Culture and Exportation of Shelled
Mollusks [Phylum Mollusca])

FAO 213 (Series of 2001) Establishment and Maintenance of BFAR’s Quality Control

Laboratories and Collection of Fees and Charges for Examination Services

FAO 212 (Series of 2001) Guidelines on the Implementation of Hazard Analysis

Critical Control Point (HACCP) System

FAO 210 (Series of 2001) Rules and Regulations on the Exportation of Fresh, Chilled
and Frozen Fish and Fishery/Aquatic Products (see FAO 162 s. 1986: Rules and
Regulations Governing the Issuance of Permit for the Exportation of Live Mud Crabs
or Alimango (Scylla serrata); FAO 168 s. 1990: Rules and Regulations Governing the
Gathering, Culture and Exportation of Shelled Mollusks [Phylum Mollusca])

FAO 209 (Series of 2001) Guidelines on the Production and Transportation of

Shellfish for Implementation of the Local Government

FAO 208 (Series of 2001) Conservation of Rare, Threatened and Endangered Fishery

Species (see FAO 185 s. 1992: Ban on Taking or Catching, Selling, Purchasing,
Possessing,

Transporting and Exporting of Dolphins)

FAO 207 (Series of 2001) Prohibiting the Importation and Culture of Imported Live
Shrimp and Prawn of All Stages (see FAO 189 s. 1993: Prohibiting the Importation of
Live Shrimp and Prawn of All Stages)

FAO 206 (Series of 2001) Disposal of Confiscated Fish and Other Items in Fishing
through Explosives and Noxious or Poisonous Substances

FAO 204 (Series of 2000) Restriction on the Use of Superlights in Fishing

17
FAO 203 (Series of 2000) Banning Fishing by means of “Muro-ami” and the Like
Destructive to Coral Reefs and Other Marine Habitats (see FAO 163 s. 1986:
Prohibition on the Operation of “Muro-ami” and “Kayakas” in All Philippine Waters)

FAO 202 (Series of 2000) Ban on Coral Exploitation and Exportation (see FAO 184 s.
1992: Guidelines on the Experimental Collection of Precious and Semi-precious
Corals in Philippine Waters)

FAO 201 (Series of 2000) Ban on Fishing with Active Gear (see FAO 156 s. 1986:
Guidelines and Procedures in the Effective Implementation of Letter of Instruction
[LOI] No. 1328; FAO 164 s. 1997: Rules and Regulations Governing the Operation
of Hulbot-hulbot in the Philippines Waters; FAO 188 s. 1993: Regulations Governing
the Operation of Commercial Fishing Boats in Philippine Waters Using Tuna Purse
Seine Nets; FAO 190 s. 1994: Regulations Governing Pa-aling Fishing Operation in
Philippine Waters)

FAO 200 (Series of 2000) Guidelines and Procedures in Implementing Section 87 of

the Philippine Fisheries Code of 1998

FAO 199 (Series of 2000) Guidelines on Fish Transshipment

FAO 198 (Series of 2000) Rules and Regulations on Commercial Fishing (see FAO
156 s. 1986: Covers Regulations Prohibiting the Operation of Commercial Trawl and
Purse Seine in Marine Water Areas Within a Distance of Seven Kilometers from the
Shoreline; FAO 188 s. 1993: Regulations Governing the Operation of Commercial
Fishing Boats in Philippine Waters Using Tuna Purse Seine Nets; FAO 190 s. 1994:
Regulations Governing Pa-aling Fishing

Operation in Philippine Waters)

FAO 197 (Series of 2000) Rules and Regulations Governing the Lease of Public Lands
for Fishponds Development (see FAO 125 s. 1979: Rules and Regulations Governing
Conversion of Ordinary Fishpond Permits and Ten (10) Year Fishpond Lease
Agreements into Twenty-Five (25) Year Fishpond Lease Agreements and Other
Related Matters)

FAO 196 (Series of 2000) Guidelines on the Creation and Implementation of

Fisheries and Aquatic Resources Management Councils (FARMCs)

FAO 195 (Series of 1999) Rules and Regulations Governing Importation of

Fresh/Chilled/Frozen Fish and Fishery/Aquatic Products (see FAO 183: Prohibiting
the Importation of Yellow Fin Tuna and Tuna Products from Certain Countries)

DA AO No. 3 (Series of 1998) Implementing Rules and Regulations of RA 8550

FAO 193 (Series of 1998) Ban on the Taking, Catching, Selling, Purchasing and
Possessing, Transporting and Exporting of Whale Sharks and Manta Rays

18
FAO 191 (Series of 1994) Employment of Foreign Crew Members Aboard Highly
Specialized Commercial Fishing Vessels

FAO 190 (Series of 1994) Regulations Governing Pa-aling Fishing Operation in

Philippine Waters

FAO 189 (Series of 1993) Prohibiting the Importation of Live Shrimp and Prawn of
All Stages

FAO 188 (Series of 1993) Regulations Governing the Operation of Commercial

Fishing Boats in Philippine Waters Using Tuna Purse Seine Nets

FAO 185 (Series of 1992) Ban on Taking or Catching, Selling, Purchasing, Possessing,

Transporting and Exporting of Dolphins

FAO 184 (Series of 1992) Guidelines on the Experimental Collection of Precious and

Semi-precious Corals in Philippine Waters

FAO 183-1 (Series of 1992) Amending Section 1 of FAO 183 s. 1992

FAO 183 (Series of 1992) Prohibiting the Importation of Yellow Fin Tuna and Tuna
Products from Certain Countries

FAO 173-1 (Series of 1991) Amending Section 1 of FAO No. 173 s. 1991, Banning the
Exportation of Bangus Fingerlings (Hatirin)

FAO 173 (Series of 1991) Banning the Exportation of Bangus Fingerlings (Hatirin)

FAO 168 (Series of 1990) Rules and Regulations Governing the Gathering, Culture
and Exportation of Shelled Mollusks (Phylum Mollusca)

FAO 164 (Series of 1997) Rules and Regulations Governing the Operation of Hulbot-
Hulbot in the Philippines Waters

FAO 163 (Series of 1986) Prohibiting the Operation of “Muro-ami” and “Kayakas” in

All Philippine Waters

FAO 162 (Series of 1986) Rules and Regulations Governing the Issuance of Permit
for the Exportation of Live Mud Crabs or Alimango (Scylla serrata)

FAO 161 (Series of 1986) Revised Rules and Regulations Governing the Issuance of
Lease for Pearl Culture

FAO 160 (Series of 1986) Rules and Regulations Governing the Construction,

Establishment or Operation of Fishpens and Fishcages in the Philippines

FAO 158 (Series of 1986) Prohibition on the Gathering, Taking, Conducting, Selling,

Transporting, or Possessing for Sale of Mollusks Belonging to the Genus Triton
charonia and Cassis

19
FAO 156-1 (Series of 1986) Prohibition on the Gathering, Taking, Collecting, Selling,
Transporting, or Possessing of Mollusk Belonging to the Genus Triton and Cassis

FAO 156 (Series of 1986) Guidelines and Procedures in the Effective Implementation

of LOI No. 1328 (covers regulations prohibiting the operation of commercial trawl
and purse seine in marine water areas within a distance of 7 km from the shoreline)

FAO 155-1 (Series of 1994) Amending Section 2 of FAO No. 155, Regulating the Use
of Fine-meshed Nets in Fishing

FAO 155 (Series of 1986) Regulating the Use of Fine-meshed Nets in Fishing

FAO 125 Rules and Regulations Governing Conversion of Ordinary Fishpond Permits

and Ten (10) Year Fishpond Lease Agreements into Twenty-Five (25) Year Fishpond
Lease Agreements and Other Related Matters

FAO 88 (Series of 1968) Regulations for the Conservation of Turtles,

Turtle Eggs and Turtle Shells in the Philippines

FAO 76 Regulations Governing the Collecting and Gathering of Marine Turtles

FAO 68 (Series of 1968) Amending Section 2 of FAO No. 36, prohibiting the Killing,
Gathering, Possessing and Selling of Marine Turtles

FAO 36 Establishing a Closed Season Period for the Gathering or Killing of Marine
Turtles, Turtle Eggs and Turtle Shells

Department of Environment and Natural Resources (DENR)

DAO 20 (Series of 2007) Rules and Regulations governing the issuance of permit
over reclamation projects and Special Patents over reclaimed lands

DAO 17 (Series of 2007) Rules and Regulations governing Special Uses within
Protected Area (provisions on sustainable ecotourism, irrigation/waterways and
aquaculture within Protected Areas)

DMC 1 (Series of 2006) Non-titling of lands and areas suitable for fishery
purposes/operations even within alienable and disposable (A&D) lands

DAO 24 (Series of 2005) Guidelines on the grant of Coastal Area

Special Use Agreement (temporarily suspended by DMC 2006-86 and SO 2006-467

authorizing the conduct of workshops in Luzon, Visayas and Mindanao re: DAO
2005-24)

DMC Jan. 5, 2006, Re: Cancellation of all existing IFMA, ITPLA, SIFMA & CBFMA
subject to certain exceptions (superseded by DENR Special Order 2006 – 371 re:

20
Creating a DENR Committee on Appeals to review and evaluate appeals of cancelled
ITPLAs, IFMAs SIFMAs and CBFMAs)

DMC Nov. 30, 2005, Re: Cancellation of CBFMAs with low or unsatisfactory

performance rating (superseded by DENR Special Order 2006 – 371 re: Creating a
DENR Committee on Appeals to review and evaluate appeals of cancelled ITPLAs,
IFMAs SIFMAs and CBFMAs)

Joint DENR-DA-PCSD AO No. 01 (Series of 2004) Joint Implementing Rules and

Regulations (IRR) Pursuant to Republic Act No. 9147: “An Act Providing for the
Conservation and Protection of Wildlife Resources and their Habitats, Appropriating
Funds Therefor and for Other Purposes”

Memorandum Circular No. 2004-01 (Series of 2004) Providing for the Guidelines in

the Collection, Deposit and Distribution of Management/Service/Environmental
User’s Fee on the Extraction of Seabed Dredgefill Materials for Government
Reclamation Projects

Joint DENR-NCIP Memorandum Circular No. 2003-01 (Series of 2003)

Harmonization of the Implementation of the Indigenous People Rights Act (IPRA)
and Environment and Natural Resources (ENR) Laws and Policies

DAO 30 (Series of 2003) Implementing Rules and Regulations (IRR) for the
Philippine Environmental Impact Statement (EIS) System

DAO 7 (Series of 2003) Revocation of DENR AO 17 s. 2000 (DAO 17 provides

guidelines for the delineation of municipal waters)

DAO 6 (Series of 2003) Revocation of DENR AO No. 2000-83 and Memorandum

Circular 2001-05 (Revokes regulations governing management and development of
small islands and their coastal areas, and lifts the moratorium [dated 6 July 1999] on
the disposition and granting of any title, concession, permit or lease on all small
islands nationwide)

DAO 2 (Series of 2001) Amending Relevant Provisions of DAO 2000-68,

Institutionalizing the Directorate on Special Projects for Water and Integrated
Ecosystems Management and Development (DSPWIEMD) and DAO No. 2000-70,
Suspending DAO 2000-68 and Including Biodiversity Conservation Programs and
Projects Within the Protected Areas and Wildlife Bureau (PAWB) (DENR’s coastal
and marine resource management and development program and biodiversity
conservation programs/projects/activities are institutionalized under PAWB.)

DA-DENR Joint Memorandum Order No. 1 (Series of 2000) Identifying/Defining

Areas of Cooperation and Collaboration between the DA and DENR in the
Implementation of RA 8550, the Philippine Fisheries Code

DAO 83 (Series of 2000) Guidelines for the Management and Development of Small
Islands, including Its Coastal Areas

21
DAO 68 (Series of 2000) Institutionalization of the DSPWIEMD and Related
Functions

DAO 57 (Series of 2000) Guidelines Governing the Implementation and Management

of Mangrove Sub-projects under the Forestry Sector Project

DAO 35 (Series of 1999) Revised Guidelines in the Implementation of the Resource

Use Permit in Community-based Forest Management (CBFM) Program

DAO 17 (Series of 1999) Updating DAO No. 35 s. 1990, otherwise known as the
Revised Effluent Regulations of 1990, Revising and Amending the Effluent
Regulations of 1982

DAO 10 (Series of 1998) Guidelines on the Establishment and Management of CBFM

Projects within Mangrove Areas

Memorandum Circular 06 (Series of 1998) Guidelines in Water Quality Monitoring

DAO 39 (Series of 1997) Chemical Control Order for Cyanide and Cyanide
Compounds

DAO 32 (Series of 1997) Rules for Adjudication of Illegal Forest Products

DAO 27 (Series of 1997) Amendment of Section 15 (Transitory\ Provisions) of DAO

No. 96-20, also known as the Implementing Rules and Regulations on the
Prospecting of Biological and Genetic Resources

DAO 17 (Series of 1997) Establishing the Disposition Program for Confiscated and
Donated Wildlife in the Custody of DENR Wildlife Rescue Centers and Similar DENR
Facilities and Providing Guidelines Thereof

DAO 5 (Series of 1997) Procedures in the Retention of Areas within CBFM Areas

Joint DENR-DA-DILG (Department of the Interior and Local

Government)-DND (Department of National Defense) AO No. 01 Setting of

Moratorium on the Deployment of Artificial Reefs Nationwide

DAO 37 (Series of 1996) Revising DENR AO No. 21 s. 1992, Further Strengthening

the Implementation of the EIS System

DAO 29 (Series of 1996) Rules and Regulations for the Implementation of EO 263,
Otherwise Known as the Community–based Forest Management Strategy (CBFMS)

DAO 20 (Series of 1996) Implementing Rules and Regulations on the Prospecting of

Biological and Genetic Resources

DAO 3 (Series of 1996) Implementing Guidelines on the Granting of Preferential

Treatment to Small Fisherfolk Relative to the 15-km Municipal Waters

22
DAO 19 (Series of 1993) Establishing the Coastal Environment Program (CEP) and
Providing Funds Therefor

DAO 25 (Series of 1992) National Integrated Protected Areas System (NIPAS)

Implementing Rules and Regulations

DAO 17 (Series of 1992) Delineation of Functions and Implementation of the

Integrated Social Forestry Program After the Devolution of Functions to the Local
Government Units (LGUs)

DAO 55 (Series of 1991) Declaring Dugong or Sea Cow (Dugong dugon) as Protected

Marine Mammal of the Philippines

DAO 48 (Series of 1991) Establishment of a National List of Rare (R), Endangered

(E), Threatened (T), Vulnerable (V), Indeterminate (I) and Insufficiently Known (K)
Species of the Philippine Wild Birds, Mammals and Reptiles

DAO 34 (Series of 1991) Guidelines for Issuance of Environmental Compliance

Certificates (ECCs) for Fishpond Development

DAO 3 (Series of 1991) Policy and Guidelines for the Award and Administration of
the Mangrove Stewardship Agreement

DA-DENR General Memorandum Order No. 3 (Series of 1991) Guidelines for

Cancellation and Reversion of Foreshore Lease Agreements (FLAs) into Mangrove
Forestlands

DAO 15 (Series of 1990) Regulations Governing Management of Mangroves

DAO 7 (Series of 1989) Suspending Acceptance of Prospecting Permits in

Reservations

DAO 76 (Series of 1987) Establishing Buffer Zones in Coastal and Estuarine

Mangrove Areas

MNR (Ministry of Natural Resources) AO 42 (Series of 1986) Expanding Mangrove

Buffer Zones in Typhoon Prone Areas

MNR Memorandum (1982) Management Authority over Marine Turtles

MNR Memorandum Order 6 (Series of 1982) Suspension of Permits on Maritime

Turtle Exploitation

MNR Special Order 201 (1980) Creation of an Implementing Organization of

the Pawikan Task Force to Implement the Pawikan Conservation Program of the
Philippines

MNR AO 12 (Series of 1979) Regulations for the Conservation of Marine Turtles

23
Bureau of Forestry Development Circular 2 (Series of 1979) Regulations for the
Conservation of Marine Turtles in the Philippines

Bureau of Forestry AO 1 (Series of 1974) Regulations Governing the Collecting,

Gathering and/or Disposing of Marine Turtles, Turtle Eggs and Its By-Products

Department of the Interior and Local Government (DILG)

Joint DENR-DILG MC No. 2003-01 Strengthening and Institutionalizing the DENR-

DILG-LGU Partnership on Devolved and other Forest Management Functions

DILG MC 129 (Series of 2002) Banning the Use of Compressor as Breathing

Apparatus in All Fishing Activities (“Enjoins” LGUs to enact local ordinances that ban
the use of compressors as breathing apparatus in all fishing activities)

Department of Justice (DOJ)

DOJ Opinion No. 23 (Series of 1994) (interpreting RA 7161, the prohibition on all

types of cutting of mangroves, which is in conflict with DENR DAO 10, Series of 1998
allowing the harvesting of plantation mangroves)

Philippine National Police

Memorandum of Agreement (MOA) with the DENR, November 10, 2003,Establishing

the Police Environment Desk Officer (PEDO) nationwide

Office of the Ombudsman

Office Order Nos. 57 and 25 (Series of 2008) Creating a Task Force for
Environmental Concerns

Office Order No. 16 (Series of 2004) Creating the Office of the Environmental
Ombudsman

Philippine Reclamation Authority (PRA)

PRA AO No.1 (Series of 2005) Special Registration of Unauthorized/Illegal

Reclamation Projects

Supreme Court issuances are acts of the High Court designed to govern the
implementation of rules of procedures to be implemented in all courts within the
country.

The following issuances are relevant to the prosecution of fishery violations:

AO No. 23 (Series of 2008) Designation of Special Courts to Hear, Try and Decide
Environmental Cases

24
Administrative Memorandum No. 05-8-26-SC (2005) Amendment of Rules 112 and
114 of the Revised Rules on Criminal Procedure by Removing the Conduct of
Preliminary Investigation from Judges of the First Level Courts

Administrative Memorandum No. 03-1-09-SC (2004) Guidelines to be observed by

Trial Court Judges and Clerks of Court in the conduct of Pre-trial and use of
Deposition-Discovery measures

Ordinances are the legislative enactments of the respective sanggunian (council) of

LGUs. The power of LGUs to enact ordinances is based on the Local Government
Code (RA 7160). Although ordinances issued by LGUs must not contravene any law
passed by Congress, such ordinances may address local concerns that national laws
fail to deal with. They are vital, as they may plug in gaps in statutes or orders,
especially related to problems particular to a province or municipality that national
laws do not respond to.

An application of this is the ban on the use of compressors in fishing. While there is
no express prohibition in RA 8550 regarding the use of compressors in fishing, it is
commonly known that they are employed as breathing device by fishers using
cyanide, which is by itself destructive and prohibited by law. That the use of
compressors as a breathing device is detrimental to the health of fishers and
fishworkers is also a concern that has been raised. Several cities and municipalities
have filled the gap left by RA 8550 by enacting ordinances that ban the mere
possession of compressors on board a banca, or by a fisher.

Ordinances, when carefully crafted, may also prove to be a greater deterrent for
coastal law offenders, even though under RA 7160, the maximum imposable penalty
by legal ordinance is only a fine of Php2,500 and imprisonment of 6 months.
Violations of RA 8550 are often penalized by a fine and/or imprisonment; the court,
at its discretion, usually imposes only a minimal fine. Violators are not deterred from
criminal acts, and usually even plead guilty to the crimes, because the fine is a very
small fraction of their profit from illegal activities.

Local government units, on the other hand, may enact fishery ordinances with a
minimum penalty of both fine and imprisonment, leaving no discretion to the court.
This will ensure that violators not only pay the fine, but are also imprisoned when
they plead guilty. To increase the amount of the fine, and therefore discourage
violators from committing the crime again, the Php2,500-maximum fine may be
imposed per individual just as RA 8550 does (e.g. for each crew member in a fleet of
illegal commercial fishing vessels) instead of per violation. Aside from this, the
ordinance may also include as penalty the confiscation of fishing vessels and all its
appurtenances, fishing gears, and fish catch to prevent offenders from using these in
other crimes.

Penalties imposed accrue exclusively and automatically to the municipal treasury

(RA 7160, sec. 18)

25
Senate Bill No. 1641
THE PHILIPPINE FISHERIES PROFESSION ACT
Filed on January 9, 2018 by Trillanes, Antonio "Sonny" F., Legarda, Loren B., Villar,
Cynthia A.
AN ACT REGULATING THE PRACTICE OF FISHERIES PROFESSION IN THE
PHILIPPINES, CREATING FOR THE PURPOSE A PROFESSIONAL REGULATORY
BOARD OF FISHERIES AND APPROPRIATING FUNDS THEREFOR

Senate OKs regulation, legal framework for fisheries profession

The Senate approved today on third and final reading a bill which would create a
professional regulatory board and legal framework to regulate the practice of
fisheries profession in the Philippines. Senate Bill No. 1641 was authored by Senator
Antonio Trillanes IV, chair of the Senate Committee on Civil Service, Government
Reorganization and Professional Regulation, along with Senators Loren Legarda and
Cynthia Villar.

The bill was approved with 21 affirmative votes, zero negative vote and no
abstention.

Trillanes, who sponsored the bill, said the measure sought to provide a program
which would "set up an appropriate and healthy environment for the practice of the
fisheries profession." "It is high time that we address the gaps and the government
shortcomings in the fisheries profession by creating a professional regulatory board
and legal framework, for the profession," he said.

The bill, Trillanes added, would also "establish quality standards for fisheries
professionals that would guide fisheries schools or colleges in updating their
curriculum," consistent with other professional regulatory laws passed by Congress.

Under the bill, a 'Professional Board of Fisheries' will be created under the
supervision of the Professional Regulation Commission (PRC). The fisheries
profession will be integrated "into one national professional organization, through
the Accredited Integrated Professional Organization to be recognized by the PRC
through the new Board of Fisheries."

Admission into the fisheries profession will require passing licensure

examinations to be conducted by the Board of Fisheries every year, according to the
bill.

To pass the examinations and obtain a license and a professional identification

card, candidates "must obtain a weighted general average of 75 percent with no
grade lower than 60 percent in any of the subjects."

According to Trillanes, the bill is relevant as the country addresses challenges

posed by its commitments to the ASEAN Economic community, "particularly in
terms of movement of professionals in the region." "This measure would
undoubtedly highlight and complement the talents and skills of Filipino fisheries

26
professionals, not only to make them more globally competitive, but also to enable
them to render greater service to our country and our people," Trillanes said.

At present, he said, the fisheries profession is considered "a mere component"

under the agriculture sector, despite the importance of fisheries in food security and
the country's economic development.

Trillanes said that practitioners in the fisheries industry believe that the fisheries
should be an industry and profession separate from the agriculture sector, citing
national laws like RA 8550 or the Fisheries Code of 1998, and RA 8435 or the
Agriculture and Fisheries Modernization Act of 1997, which mandated government
"to provide priority attention and support to professionalize the practice of fisheries
profession in the Philippines." (JDC)

B. PUNISHABLE ACTS UNDER RA 8550 (AS AMENDED)

Republic Act No. 8550 otherwise known as the Philippine Fisheries Code of

1998 was enacted into law to achieve food security; limit access to the fishery and
aquatic resources of the Philippines for the exclusive enjoyment of Filipino citizens;
ensure the rational and sustainable development, management and conservation of
the fishery and aquatic resources in Philippine waters including the Exclusive
Economic Zone (EEZ); to protect the rights of fisher folk, especially of the local
communities with priority to municipal fisher folk, in the preferential use of the
municipal waters; to provide support to the fishery sector, primarily to the
municipal fisher folk, including women and youth sectors, through appropriate
technology and research, adequate financial, production, construction of post-
harvest facilities, marketing assistance, and other services; 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 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 following are punishable acts
under RA 8550:

1. 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.

27
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).

2. 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.

3. 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,

28
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.

4. 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.

5. 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;

29
(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.

6. 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.

 7. 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.

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8. 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.

9. 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.

10. Fishing in Overfished Area and During Closed Season. - It shall be unlawful to
fish in overfished area and during closed season.

Violation of the provision of this section shall be punished by imprisonment of six

(6) months and one (1) day to six (6) years and/or fine of Six thousand pesos
(P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or
license.

11. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to

fish in fishery areas declared by the Department as fishery reserves, refuge and
sanctuaries.

Violation of the provision of this section shall be punished by imprisonment of two

(2) years to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty
thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of
fishing permit or license.

12. Fishing Or Taking of Rare, Threatened or Endangered Species. - It shall be

unlawful to fish or take rare, threatened or endangered species as listed in the CITES
and as determined by the Department.

Violation of the provision of this section shall be punished by imprisonment of

twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty
thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of
fishing permit.

13. 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

31
local breeding purposes or scientific or research purposes may be allowed subject to
guidelines to be promulgated by the Department.

Violation of the provision of this section shall be punished by imprisonment of six

(6) months and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos
(P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation
of license.

14. 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.
15. 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.

16. 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.

17. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful.

Violation of the provision of this section shall be punished by imprisonment of six

(6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand
pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per
day until such violation ceases and the fines paid.

B. JURISPRUDENCE

Hizon vs. CA
G.R. No. 119619 
December 13, 1996

Presumption of Illegal Fishing: (Sec. 33, PD 704)

(a) explosives, obnoxious or poisonous substances or equipment or device for

electric fishing are found in a fishing boat or in the possession of a fisherman; or

(b) when fish caught or killed with the use of explosives, obnoxious or poisonous
substances or by electricity are found in a fishing boat.

Accused were acquitted.

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 “We cannot overlook the fact that the apprehending officers found in the boat
assorted hooks and lines for catching fish. For this obvious reason, the
Inspection/Apprehension Report prepared by the apprehending officers
immediately after the search did not charge petitioners with illegal fishing, much less
illegal fishing with the use of poison or any obnoxious substance.
The only basis for the charge of fishing with poisonous substance is the result of
the first NBI laboratory test on the four fish specimens. Under the circumstances of
the case, however, this finding does not warrant the infallible conclusion that the
fishes in the F/B Robinson, or even the same four specimens, were caught with the
use of sodium cyanide.”
xxx

“... the report received by the Task Force Bantay Dagat was that a fishing boat was
fishing illegally through muro ami on the waters of San Rafael. Muro ami according
to SPO1 Saballuca is made with the use of a big net with sinkers to make the net
submerge in the water with the fishermen surrounding the net. This method of
fishing needs approximately 200 fishermen to execute. What the apprehending
officers instead discovered were 28 fishermen in their sampans fishing by hook and
line. The authorities found nothing on the boat that would have indicated any form
of illegal fishing.”

Sea Lion Fishing vs. People

G.R. No. 172678
March 23, 2011

ART. 45, RPC: Confiscation and forfeiture of the proceeds or instruments of the

crime. 

Every penalty imposed for the commission of a felony shall carry with it the
forfeiture of the proceeds of the crime 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.

“xxx it has been established beyond reasonable doubt that F/V Sea Lion was used by
the 17 Chinese fishermen in the commission of the crimes. On the other hand,
petitioner presented no evidence at all to support its claim of ownership of F/V Sea
Lion. Therefore, the forfeiture of F/V Sea Lion in favor of the government was
proper.”

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Senson vs. Judge Pangilinan
A.M. No. MTJ-02-1430
September 8, 2003

Alayon and Villarosa, asserting to be co-owners of the MB King Fisher that was used
in the illegal fishing activity, filed an Urgent Motion for Custody of Fishing Net,
alleging that the fishing net which costs P600,000 was left unattended at the beach,
exposed to various elements and movement of the sea. Judge granted said motion
despite the opposition of prosecutor Senson. Judge’s defense was that the fishing net
is not necessary for the prosecution to prove its case as it already has sufficient
evidece at hand.

“Nowhere in the statute would it appear that the seizure of the items, alleged to have
been used in the illegal fishing activity, is proscribed by it. Evidently, the seizure of
the fishing paraphernalia has been made as being an incident to a lawful arrest.”

“xxx If found to be contraband, i.e., articles the possession of which, without more,

constitutes a crime and the repossession of which would subject defendant to
criminal penalties and frustrate the express policy against the possession of such
objects, they will not be returned, but shall be confiscated in favor of the State or
destroyed, as the case may be. If not contraband, the property shall be returned
without undue delay to the person who appears from the evidence to be the owner
or rightful possessor.

Leynes vs. People

G.R. No. 224804
September 21, 2016

Section 94, R.A. No. 8550:

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.
Offense of conversion of mangrove forest to exist, the following elements must
concur:

1. The site of the fishpond is a mangrove forest.

2. There was a conversion of the mangrove area into a fishpon.
3. The appellant made the conversion.

“What the law prohibits is not only the conversion of the mangrove forest into
fishponds, but its conversion into any other purpose. Indeed, Efren may not have
caused the conversion of the mangrove forest into a fishpond, but his acts of cutting

34
mangrove trees, constructing a dike, installing an outlet (prinsa), and excavating in
the mangrove forest altered the natural structure and form of the mangrove forest.”

“The the issuance of Certificate of Non Coverage from DENR shall not exempt the
grantee from compliance with applicable environmental laws, rules and regulations,
including, the permitting requirements of other government agencies, and (2) only
the granting of fishpond lease agreement pursuant to Sec. 45 of R.A. 8550 could
exempt accused from prosecution of Sec. 94 of the same law."

XI. INSTITUTIONAL FRAMEWORK

From rapid industrialization to rising global temperature, the marine life and
resources of the Philippines is at risk of exploitation and destruction which in turn
cause the loss of thousands of livelihood and resettlements of tribal communities
who live near or within bodies of water.

To address such detrimental effects, the government through its agencies task to
protect and preserve these waters must create and establish measures and act on it
immediately. These measurements would be more effective with the cooperation of
the people and organizations that would create networks of information and support
regarding awareness of the matter.

1. Bureau of Fisheries and Aquatic Resources (BFAR)

 BFAR is the principal and competent government agency responsible
for the development, improvement, management, and conservation of
the country’s fisheries and aquatic resources contributing to reducing

35
 poverty and providing supplementary livelihoods among municipal
fisherfolk; improving aquaculture productivity within ecological
limits; making optimal use of offshore and deep sea resources; and
helping upgrade post-harvest technologies (Department of Agriculture
Administrative Order No. 3, series of 1998).
2. Department of Agriculture (DA)
 BFAR is a bureau attached to the Department of Agriculture. DA is the
government agency mandated to promote agricultural development
by providing policy framework, public investment and support
services. It should improve farm income and generate work
opportunities for farmers, fisherfolks and other rural workers. It shall
encourage people’s participation through sectoral representation in
agricultural policy making bodies so that the policies, plans, and
programs of the department are responsive to the needs of the sector
(DA, 2017).
3. National Anti-Poverty Commission (NAPC)
 The National Anti-Poverty Commission (NAPC) was established based
on Republic Act 8425 or Social Reform and Poverty Alleviation Act of
1997. It serves as coordinating and advisory body for the
implementation of social reform and poverty alleviation agenda. It
coordinates with different national government agencies as well as
local government units to assure full implementation of social reform
and poverty alleviation programs, and advocates for mobilization of
funds for the said programs. The NAPC also recommends policies and
other measure to ensure responsive implementation of commitments
under the Social Reform Agenda (NAPC, 2017).
4. Department of Environment and Natural Resources (DENR)
 The Department of Environment and Natural Resources (DENR) is the
primary agency responsible for the conservation, management,
development, and proper use of the country’s environment and
natural resources, specifically forest and grazing lands, mineral
resources, including those in reservation and watershed areas, and
lands of the public domain, as well as the licensing and regulation of all
natural resources as may be provided for by law to ensure equitable
sharing of the benefits derived there from for the welfare of the
present and future generations (DENR, 2017).
5. Department of Labour and Employment (DOLE)
 The Department of Labor and Employment (DOLE) is the primary
policy-making, programming, coordinating and administrative
government agency in the field of labor and employment. It assumes
the primary responsibilities of promoting gainful employment
opportunities and optimizing the development and utilization of the
country’s manpower resources; advancing workers’ welfare by
providing for just and humane working conditions and terms of
employment; and maintaining industrial peace by promoting
harmonious, equitable, and stable employment relations that assure
equal protection for the rights of all concerned parties.

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 6. National Commission on Indigenous Peoples (NCIP)
 The National Commission on Indigenous Peoples (NCIP) was created
to be the primary agency responsible for the formulation and
implementation of policies, plans, and programs relative to the
Indigenous People’s Rights Act. Its primary mandate is to protect and
promote the interest and wellbeing of the ICCs/IPs with due regard to
their beliefs, customs, and institutions.

NON-GOVERNMENTAL UNITS:
1. GreenPeace
 The objective of GreenPeace is to create awareness and support to the
governments drive in protecting the environment from rising threats
caused by pollution, deforestation, climate change and genetic
contamination. This organization creates channels of information to
the people of what may
INTERNATIONAL ORGANIZATIONS:
1. United Nations (UN)
 The UN, in its goal to create and offer basic commodities for a
comfortable and dignified life, they saw the fast deterioration of bodies
of water that cause negative impact to fishermen, especially small
scale fishers that affect their livelihood. The organization also saw the
effect of such deterioration to economic status a country, considering
that the seas and oceans are vital conduits for trade and
transportation.
 The organization created various sustainable development plans in
order to create opportunities for fishers, especially the small scale
fishers and also for the continuous protection and conservation of
marine resources and life. This includes, reduction of marine pollution
of all kinds, sustainable management and protection of marine and
coastal ecosystems to avoid significant adverse impacts, including by
strengthening their resilience, and take action for their restoration in
order to achieve healthy and productive ocean, regulation of
harvesting to avoid overfishing and scientific studies that will enhance
the health of water.
2. Association of South East Asian Nations (ASEAN)
 The ASEAN targeted to help small scale fishers by creating livelihood
development in education, health and knowledge to increase and
conserve the marine life.
3. European Union (EU)
 The European Union, in its promise to help developing countries,
pledged various aid to countries, especially the South East Asian
countries. This aids include development of coastal waters and
restoration of creeks, rivers and inland bodies of water.

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 XII. NGO AND COMMUNITY PARTICIPATION

RARE

International non-governmental organization (NGO) RARE is making its mark in

promoting sustainable fishing through local fisheries management in the Philippines.
The group is currently working with communities in 93 LGUs across the country,
making it the NGO with the widest and farthest reach in terms of development work
focused on sustainable fisheries management.

Fish Forever Campaign

Local government leaders are trained to manage their municipal waters more
sustainably by setting up managed access areas around sanctuaries, which give
fishers exclusive rights to fish in the area in exchange for compliance with more
sustainable fishing practices. It is RARE’s flagship program, which started in the
Philippines in 2010 in partnership with 37 local government units (LGUs).

OCEANA

To support the government in its goal to promote national policies that protect the
Philippines’ vast marine resources.
Use the law to ensure that fish and fishers receive the protections they deserve.
Offer technical expertise to aid the government in its goal of establishing sustainable
catch limits, reducing discards and protecting spawning habitat.
To carry out scientific expeditions to educate the public about the importance of
healthy oceans and the role they play in the economy of the Philippines by providing
food and jobs.

GREENPEACE

“Defending our Oceans campaign” sets out to protect and preserve our oceans now
and for the future by setting aside swathes of the global oceans from exploitation
and controllable human pressure, allowing these areas the respite they so
desperately need for recovery and renewal.

Aloguinsan River Eco-Cultural Tour --

In Cebu, a community at the mouth of the Bojo River was plagued by a triad of
destructive fishing methods: dynamite, cyanide and other poisons, and muro-ami.
locals realized they could make money from protecting their picturesque river and
coastline. They formed tour agency, which offers river cruises and other excursions,
has won eco-tourism awards and helps fund community education, mangrove
conservation, guards and law enforcement.

Revenue from ecotourism projects help fund education initiatives in the fishing
village of Bojo.

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As for the fishers who had used explosives and poisons:

- embraced ecotourism
- work only four- six hours a day
- income is good
- more time with their families

Marine Sanctuary: Restoring a Coral-Reef Fishery (Apo Island, Philippines)

Apo is a small island (78 hectares). 9 kilometers from the coast of Negros in the
Philippine archipelago. 145 households and a resident population of 710 people.
Almost all the men on the island are fishermen.

The Philippine Coast Guard and National Police are responsible for enforcing fishing
regulations. Dr. Angel Alcala (director of the marine laboratory at Silliman University
in Dumaguete City) and Oslob municipality (Cebu) initiated a small marine
sanctuary, the region's first, at uninhabited Sumilon Island (about 50 km from Apo).
After three years of dialogue between Silliman University staff and Apo Island
fishermen, 14 families decided to establish a “no-fishing marine sanctuary” on the
island. All island families decided to support the sanctuary and make it legally
binding through the local municipal government.

Fishermen set up a Marine Management Committee and formulated regulations

against destructive fishing and encroachment of fishermen from other areas on their
fishing grounds a local "marine guard" (bantay dagat) consisting of village
volunteers to police the fishing grounds. Their main task is to check boats that enter
their fishing grounds from other areas.

Effects of Sanctuary to Apo Island community

 Fishermen no longer must travel long distances to fish elsewhere.

 A few hours of work each day provides food for the family and enough cash
income for necessities.
 More leisure time with the family
 Striking abundance and diversity of fish and other marine animals
 Coral reef tourism
 Tourist revenue

Apo Island has served as a model for fishing communities on the adjacent mainlands
of Negros and Cebu. The head of Apo Island's local government visits other fishing
villages to explain the sanctuary, and people from other villages visit Apo to see what
it's all about. The Apo Island , stimulated the Philippine government to establish a
national marine sanctuary program that now has about 700 sanctuaries nationwide

Before the sanctuary: Strategy was to fish a place with destructive methods until it
was no longer worth fishing

Now: The community committed to keeping one place their island’s fishing grounds,
sustainable

39
Before the sanctuary: Expected government agencies responsible for enforcing
fishing regulations to do so and complained when it didn’t happen.

Now: Now they enforce their regulations themselves.

Coastal and marine resources are used extensively by communities while in most
cases their management is mandated to the government through various agencies
dealing with fisheries forests and protected areas, among others. Non governmental
organizations (NGOs), which here can be defined as non-profit organizations which
are independent from government, also have their clear roles to play. NGOs can also
play a very important role in bringing up alternative ideas for natural resource
management that may differ from standard government practice. Innovation.
Alternatives and differing perspectives are all important in effective Fisheries and
Marine Resources Planning and Management.

Issue of Tuna and the Role of GreenPeace

Tuna is one of the world’s favorite fish, from simple sandwiches to luxury sashimi.
But now it is paying the price for its popularity: Many species of tuna are severely
overfished. All around the world, tuna are in trouble. The global output of tuna has
now reached 6.57 million tons annually.

Most of the tuna sashimi we eat is made from southern bluefin tuna, big eye tuna and
yellowfin. These have been overfished in the Western and Central Pacific Oceans
(WCPO) to an extent that stocks are dwindling to dangerously low levels.

Greenpeace recorded how Mediterranean bluefin had declined by 80%. With the
depletion of Atlantic tuna, the fishing industry then turned to the Pacific Ocean,
where tuna stocks had been – until then – relatively healthy. Currently, more than
half of the world's tuna is now caught in the Pacific Ocean, by fishing fleets from
South Korea, Taiwan, Japan, Indonesia and the Philippines. And as a result, bluefin,
yellowfin and bigeye tuna are now in serious trouble in the Western and Central
Pacific Ocean as well.
Bigeye and yellowfin tuna are fully exploited or over exploited in all oceans. The
magnificent bluefin, the most iconic and valuable of all tuna species, is critically
endangered.

In 2011, a single bluefin tuna set an all-time record when it sold for US$396,000 in
Japan.
Japan is responsible for 75 percent of all bluefin catches in the Pacific between 1980
and 2014, is now under pressure to introduce serious measures to stem the decline.

The Pacific Rim countries, including Japan, South Korea, and the US, agreed in 2014
to limit fishing of bluefin. Every country now has a quota. Japan, as the biggest
bluefin consumer, agreed to reduce its catches by half, to a maximum of 4,007 tons
for fish under 30 kilos and 4,882 tons for larger fish. Meanwhile, the International
Union for the Conservation of Nature (IUCN) has moved the Pacific bluefin to the

40
“vulnerable” category in its Red List of “threatened” species (the stage before
“endangered”).

Effective July 1, 2018, the Fisheries Agency in Japan is set to tighten rules on coastal
fishing of Pacific bluefin tuna, to recover stocks of the prized fish. The agency
introduced regulations to punish offshore Pacific bluefin tuna fishers if their catches
exceed quotas. Violators face fines of up to ¥2 million or imprisonment for up to
three years. Coastal bluefin tuna fishers will be punished similarly if they break the
new regulations.

The catch quotas will be allocated to the prefectures in accordance with recent
statistics.But as the total catches in the season through next March 2018 will be
limited to only 733 tons, far lower than the annual limit of 3,230 tons for offshore
catches.

Greenpeace is calling for an immediate ban on fishing with purse seine nets and
long-line fishing vessels. We are also calling for establishing four areas in the Pacific
as marine protection zones. The Greenpeace ship “Esperanza” has been sailing the
Pacific as part of our campaign to stop overfishing.

Every Filipino has a role taking care of our oceans and seas. Being an archipelago
and regarded as the astonishing "center of global marine biodiversity," the
Philippines has more than half of its cities and municipalities in coastal areas. These
communities are heavily reliant on the bounty of healthy seas for sustenance and
income.

Community-Based Management, gives coastal communities and fisherman primary

responsibility for managing their costal resources. This form of management is more
localized and, therefore, the management techniques can take many different forms
depending on regional differences and the nuances of different fisheries. By
community collaboration, and local participation can be an extremely productive
and accurate means of managing, monitoring, and maintaining coastal resources.

Together, WE CAN. Save our OCEANS.

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 XIII. ISSUES AND RECOMMENDATIONS

(a) Tenure of small-scale fishers: Small-scale fishing communities do not have

secure tenure rights to resources. On the use of municipal waters, the law mandates
that municipal waters are for the use of small-scale fishers, but delineation of
municipal waters has not been completed.

Recommendation:

Fisherfolk resettlement is mandated by law. However, there is yet no established

guidelines on implementing same. DA should enact a department order on the
establishment of fisherfolk settlement. At the local level, CLUPs of coastal
municipalities and cities should include areas allocated for fisherfolk settlement.
Fast-track delineation of waters of municipalities without offshore islands, and
formulate with guidelines for municipalities with offshore islands.

(b) Social development, employment and decent work: Small-scale fishers are
still among the poorest of the poor. There are no social development safety nets to
address the basic social needs of small-scale fishers.

Recommendation:

Technology training courses and appropriation for assets, e.g. the construction
and/or provision of fiberglass boats – which come with sustainable and
environment-friendly gears.

Reduce post-harvest losses as well as venues for skills trainings on disaster-resilient

fsheries-based livelihoods and resource management such as monitoring fIsh catch
and stock assessment.

(c) Depleted fishery resources: Massive exploitation and abusive and

irresponsible fishing practices have led to barren fishery habitats. It would take
years for the damage to heal, if the reefs could recover at all. As a consequence, a
day’s catch can barely support a fisherfolk family’s needs beyond basic sustenance.

Recommendation:

Create artificial reefs in coastal and freshwater areas. Since reefs damaged by
exploitation would not recover any time soon, man-made reefs can be used as an
alternative to provide shelter for fishes and other marine life.

Research more on developing aquaculture. If done right, fisherfolks would not have
to go far off coast in search to catch fish to sell or bring home to their families. They
can simply take advantage of the natural environment to raise fish they need.

(d) Degraded coastal environment: One of the problems which lead to depletion of
fisheries is unregulated settlement along coasts. Some marginalized fisherfolks tend
to build houses close to the shore, if not on the water itself. The water, as

42
consequence, becomes polluted with waste and litter coming from these households
to the detriment of marine life.

Recommendation:

In addition to moving fisherfolk settlements at a greater distance from the coast, the
local government should conduct regular coastal cleanup to free the coastal waters
of garbage especially those which have settled on the sea floor. It should likewise
come up with a proper waste disposal system to keep sewage waste away from
water as this can result to eutrophication which may consequently lead to a less
diverse marine ecosystem.

(e) Poverty among small scale fishers: Although the country is said to have one of
the richest fishery resources in the world, still fisherfolks are deemed among the
poorest of the poor. One of the main reasons for this paradox is that they are heavily
reliant on fishing to support their daily needs. As a result, it becomes difficult for
them to cope from reduced catch caused by both natural and man-induced factors.

Recommendations:

Support eco-tourism. Many coastal areas around the country are perfect spots for
tourists. If the government would invest in further developing and preserving the
beauty of these areas, as well as training the locals on how to accommodate tourists,
then fisherfolks would not have to be highly dependent on fishing for livelihood.

Forming fishing cooperatives would also be a good idea. Fishermen can pool
resources and collaborate fishing activities to achieve optimal income and at the
same time imposing upon their members policies as to sustainable and responsible
fishing practices.

XIV. CONCLUSION

The value to the economy of the country’s fisheries and aquatic resources calls for
the proper exploitation and judicious conservation thereof. The existing laws have in
them seemingly sufficient clout to prevent abuse of such resources through
registration, licensing and imposition of heavier penalties against violators.

However, the government should also consider a primary concern the livelihood
needs of fisherfolk communities reliant thereon and and ensure continuous and
advanced development and proper implementation of programs therefor on a local
scale.

Striking a balance to achieve sustainability in managing our fisheries and aquatic

resources entails considering all factors - ecological and economic constraints as
well as social and political impacts for an integrated, practicable and futuristic
planning.

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 XV. BIBLIOGRAPHY

 Review of Selected Philippine Policies and Laws on Fisheries and the Voluntary
Guidelines for Securing Small-scale Fisheries (VGSSF) by Asian NGO Coaliton for
Agrarian Reform and Rural Development (ANGOC) and NGOs for Fisheries
Reform, Inc.

 Philippine Fisheries in Crisis: A Framework for Management

 http://ree.ph/illegal-fishing/

 https://rmportal.net/biodiversityconservation-
gateway/resources/projects/spotlight-on-mission-projects/illegal-
unreported-and-unregulated-iuu

 http://www.pna.gov.ph/articles/1037899

 https://www.edf.org/oceans/reforming-fisheries-philippines

 http://oneocean.org/overseas/200901/the_legal_bases_of_coastal_and_fisheries
_resource_management.html

 http://www.oceandocs.org/bitstream/handle/1834/8470/ktf00571.pdf?
sequence=1

 http://www.greenpeace.org/eastasia/campaigns/oceans/problems/tuna-in-
trouble/

 http://www.greenpeace.org/eastasia/magazines/issue01/lobby/

 https://www.japantimes.co.jp/news/2018/06/30/national/japan-tighten-
control-coastal-fishing-pacific-bluefin-

 http://www.bwsc.dole.gov.ph/images/W3AP/ra9710_with_irr.pdf

 http://ree.ph/illegal-fishing/

 https://rmportal.net/biodiversityconservation-
gateway/resources/projects/spotlight-on-mission-projects/illegal-unreported-
and-unregulated-iuu


http://www.pna.gov.ph/articles/1037899


https://www.edf.org/oceans/reforming-fisheries-philippines

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