Article 108p. 108

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

41. Fishery Refuge and Sanctuaries — a designated area

where fishing or other forms of activities which may

damage the ecosystem of the area is prohibited and

human access may be restricted.

42. Fishery Reserve — a designated area where activities

are regulated and set aside for educational and research

purposes.

43.

Fishery

Species

—

all

aquatic

flora

and

fauna

including, but not restricted to, fish, algae, coelenterates,

mollusks, crustaceans, echinoderms and cetaceans.

44. Fishing Gear – refers to any instrument or device and

its accessories utilized in taking fish and other fishery

species.

(a) Active Fishing Gear – is a fishing device characterized

by the pursuit of the target species by towing, pushing

the gears, surrounding, covering, dredging, and scaring

the target species to impoundments; such as, but not

limited to, trawl, purse seines, Danish seines, paaling and

drift gill net.

(b)

Passive

Fishing

Gear

–

is

characterized by the

absence of pursuit of the target species; such as, but not

limited to, hook and line, fishpots, traps and gill nets set

across the path of the fish.

45. Fishing Light Attractor – refers to a fishing aid which

employs lights using, among others, mercury vapor, high

pressure sodium vapor, standard tungsten, tungsten

halogen, fluorescent or light-emitting diode, that are

attached

to a structure above water or suspended

underwater to attract both fish and members of their

food chain to specific areas in order to harvest them.

46. Fishing — the taking of fishery species from their

wild state of habitat, with or without the use of fishing

vessels.

47. Fishing vessel — any boat, ship or other watercraft

equipped to be used for taking of fishery species or

aiding

or

assisting

one

(1)

or more vessels in the

performance of any activity relating to fishing, including,

but

not

limited

to,

preservation,

supply,

storage,

refrigeration, transportation and/or processing.

48. Fishing with Explosives — the use of the dynamite,

other explosives or other chemical compounds that

contain

combustible

elements or ingredients which

upon

ignition by friction, concussion, percussion or

detonation of all or parts of the compound, will kill,

stupefy,

disable

or

render

unconscious

any

fishery

species. It also refers to the use of any other substance

and/or device which causes an explosion that is capable

of producing the said harmful effects on any fishery

species and aquatic resources and capable of damaging

and altering the natural habitat.

49. Fishing with Noxious or Poisonous Substances — the

use of any substance, plant extracts or juice thereof,

sodium cyanide and/or cyanide compounds or other

chemicals either in a raw or processed form, harmful or

harmless to human beings, which will kill, stupefy,

disable or render unconscious any fishery species and

aquatic resources and capable of damaging and altering

the natural habitat.

50. Fishworker — a person regularly or not regularly

employed in commercial fishing and related industries,

whose

income

is

either

in

wage,

profit-sharing

or

stratified sharing basis, including those working in fish

pens, fish cages, fish corrals/traps, fishponds, prawn

farms, sea farms, salt beds, fish ports, fishing boat or

trawlers,

or

fish

processing

and/or

packing

plants.

Excluded from this category are administrators, security

guards and overseers.

51. Food Security — refers to any plan, policy or strategy

aimed at ensuring adequate supplies of appropriate food

at affordable prices. Food security may be achieved

through self-sufficiency (i.e. ensuring adequate food

supplies

from

domestic

production),

through

self-reliance

(i.e.

ensuring

adequate

food

supplies

through a combination of domestic production and

importation), or through pure importation.

52. Foreshore Land — a string of land margining a body

of water; the part of a seashore between the low-water

line usually at the seaward margin of a low tide terrace

and the upper limit of wave wash at high tide usually

marked by a beach scarp or berm.

53. Fully-developed Fishpond Area — a clean leveled area

enclosed by dikes, at least one foot higher than the

highest

floodwater

level

in

the locality and strong

enough to resist pressure at the highest flood tide;

consists of at least a nursery pond, a transition pond, a

rearing pond or a combination of any or all said classes

of ponds, and a functional water control system and

producing in a commercial scale.

54. Gross Tonnage — includes the underdeck tonnage,

permanently enclosed spaces above the tonnage deck,

except for certain exemptions. In broad terms, all the

vessel’s ‘closed-in’ spaces expressed in volume terms on

the bases of one hundred cubic feet (that equals one

gross ton).

55. Harvest Control Rules – refers to actions or set of

actions to be taken to achieve a medium or long term

target

reference

point

while

avoiding

reaching

or

breaching a limit reference point.

56. Illegal Fishing – means fishing activities conducted

by Philippine fishing vessels operating in violation of

Philippine

laws,

Regional

Fisheries

Management

Organization

resolutions,

and

laws

of other coastal

states.

57.

Inland

Fishery

—

the

freshwater

fishery

and

brackishwater fishponds.

58. Lake — an inland body of water, an expanded part of

a river, a reservoir formed by a dam, or a lake basin

intermittently or formerly covered by water.

59. Limited Access — a fishery policy by which a system

of equitable resource and allocation is established by law

through fishery rights granting and licensing procedure

as provided by this Code.

60.

Mangroves

— a community of intertidal plants

including all species of trees, shrubs, vines and herbs

found on coasts, swamps, or border of swamps.

61. Marine Protected Area – means a defined area of the

sea established and set aside by law, administrative

regulation, or any other effective means in order to

conserve and protect a part of or the entire enclosed

environment

through

the

establishment

of

management guidelines. It is considered a generic term

that includes all declared areas governed by specific

rules or guidelines in order to protect and manage

activities within the enclosed area.

62. Maximum Sustainable Yield (MSY) — is the largest

average quantity of fish that can be harvested from a

fish stocks/resource within a period of time (e.g. one

year)

on

a

sustainable

basis

under

existing

environmental conditions.

© 2018 Compiled by RGL

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