Article 106p. 106

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

privileged

beneficiary

of

the

State

but

also

active

participant

and

partner

of

the

Government in the

sustainable development, management, conservation

and protection of the fishery and aquatic resources of

the country.

The state shall ensure the attainment of the following

objectives of the fishery sector:

1.Conservation, protection and sustained management

of the country’s fishery and aquatic resources;

2.Poverty alleviation and the provision of supplementary

livelihood among municipal fisherfolk;

3.Improvement of productivity of aquaculture within

ecological limits;

4.Optimal utilization of offshore and deep-sea resources;

and

5.Upgrading of post-harvest technology.

SECTION 3. Application of its Provisions. – The provisions

of this Code shall be enforced in:

(a) all Philippine waters including other waters over

which the Philippines has sovereignty and jurisdiction,

and the country’s 200-nautical mile Exclusive Economic

Zone (EEZ) and continental shelf;

(b) all aquatic and fishery resources whether inland,

coastal or offshore fishing areas, including, but not

limited to, fishponds, fish pens/cages;

(c) all lands devoted to aquaculture, or businesses and

activities relating to fishery, whether private or public

lands; and

(d) all Philippine flagged fishing vessels operating in

areas governed by a Regional Fisheries Management

Organization (RFMO), in the high seas, or in waters of

other coastal states.

SECTION 4. Definition of Terms. — As used in this Code,

the following terms and phrases shall mean as follows:

1.Ancillary Industries — firms or companies related to the

supply, construction and maintenance of fishing vessels,

gears,

nets and other fishing paraphernalia; fishery

machine shops; and other facilities such as hatcheries,

nurseries, feed plants, cold storage and refrigeration,

processing

plants

and

other

pre-harvest

and

post-harvest facilities.

2.Appropriate

Fishing

Technology

—

adaptable

technology, both in fishing and ancillary industries, that

is ecologically sound, locally source-based and labor

intensive.

3. Aquaculture — fishery operations involving all forms of

raising and culturing fish and other fishery species in

fresh, brackish and marine water areas.

4. Aquatic Pollution — the introduction by human or

machine, directly or indirectly, of substances or energy to

the aquatic environment which result or is likely to result

in

such

deleterious

effects

as

to

harm

living

and

non-living aquatic resources, pose potential and/or real

hazard to human health, hindrance to aquatic activities

such

as

fishing

and

navigation,

including

dumping/disposal of waste and other marine litters,

discharge

of

petroleum

or

residual

products

of

petroleum or carbonaceous materials/substances, and

other, radioactive, noxious or harmful liquid, gaseous or

solid substances, from any water, land or air transport or

other human-made structure. Deforestation, unsound

agricultural

practices

such

as

the

use

of

banned

chemicals and excessive use of chemicals, intensive use

of artificial fish feed, and wetland conversion, which

cause similar hazards and deleterious effects shall also

constitute aquatic pollution.

5.Aquatic Resources — includes fish, all other aquatic

flora and fauna and other living resources of the aquatic

environment, including, but not limited to, salt and

corals.

6.Artificial Reefs — any structure of natural or man-made

materials placed on a body of water to serve as shelter

and habitat, source of food, breeding areas for fishery

species and shoreline protection.

7.Catch Ceilings — refer to the annual catch limits

allowed to be taken, gathered or harvested from any

fishing area in consideration of the need to prevent

overfishing and harmful depletion of breeding stocks of

aquatic organisms.

8.Closed Season — the period during which the taking of

specified fishery species by a specified fishing gear is

prohibited in a specified area or areas in Philippine

waters.

9.Coastal Area/Zone — is a band of dry land and adjacent

ocean space (water and submerged land) in which

terrestrial processes and uses directly affect oceanic

processes and uses, and vice versa; its geographic extent

may include areas within a landmark limit of one (1)

kilometer from the shoreline at high tide to include

mangrove swamps, brackish water ponds, nipa swamps,

estuarine rivers, sandy beaches and other areas within a

seaward limit of 200 meters isobath to include coral

reefs, algal flats, seagrass beds and other soft-bottom

areas.

10.Commercial Fishing — the taking of fishery species by

passive or active gear for trade, business & profit beyond

subsistence or sports fishing, to be further classified as:

1.Small scale commercial fishing — fishing with passive

or active gear utilizing fishing vessels of 3.1 gross tons

(GT) up to twenty (20) GT;

2.Medium scale commercial fishing — fishing utilizing

active gears and vessels of 20.1 GT up to one hundred

fifty (150) GT; and

3.Large commercial fishing — fishing utilizing active

gears and vessels of more than one hundred fifty (150)

GT.

11.

Commercial

Scale

—

a

scheme

of producing a

minimum harvest per hectare per year of milkfish or

other species including those raised in pens, cages, and

tanks

to

be

determined

by

the

Department

in

consultation with the concerned sectors;

12. Community Service – means any service or activity

that is performed for the benefit of the community or its

institutions

in

lieu of payment of fine imposed as

administrative or criminal penalty.

13. Conservation and Management Measures – means

measures

to

conserve

and

manage

living

marine

resources that are adopted and applied consistently with

the relevant rules of international law including those

reflected in conventions, RFMO resolutions and laws of

other coastal states where Philippine flagged vessels

fish.

14. Coral — the hard calcareous substance made up of

the

skeleton

of

marine

coelenterate

polyps

which

include reefs, shelves and atolls or any of the marine

coelenterate

animals

living

in

colonies

where their

© 2018 Compiled by RGL

106 of 244