Article 109p. 109

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

63. Migratory species — refers to any fishery species

which in the course of their life could travel from

freshwater to marine water or vice versa, or any marine

species which travel over great distances in waters of the

ocean as part of their behavioral adaptation for survival

and speciation:

(a) Anadromous species — marine fishes which

migrate to freshwater areas to spawn;

(b) Catadromous species — freshwater fishes which

migrate to marine areas to spawn.

64. Monitoring, control and surveillance —

a.

Monitoring — the requirement of continuously

observing:

(1)

fishing

effort

which

can

be

expressed by the number of days or hours of

fishing, number of fishing gears and number of

fisherfolk; (2) characteristics of fishery resources;

and (3) resource yields (catch);

b.

Control

—

the

regulatory

conditions

(legal

framework)

under

which

the

exploitation,

utilization and disposition of the resources may

be conducted; and

c.

Surveillance

—

the

degree

and

types

of

observations required to maintain compliance

with regulations.

65. Municipal fisherfolk — persons who are directly or

indirectly

engaged

in

municipal

fishing

and

other

related fishing activities.

66. 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.

67. Municipal waters — include not only streams, lakes,

inland bodies of water and tidal waters within the

municipality

which

are

not

included

within

the

protected areas as defined under Republic Act No. 7586

(The NIPAS Law), public forest, timber lands, forest

reserves or fishery reserves, but also marine waters

included between two (2) lines drawn perpendicular to

the general coastline from points where the boundary

lines of the municipality touch the sea at low tide and a

third line parallel with the general coastline including

offshore islands and fifteen (15) kilometers from such

coastline. Where two (2) municipalities are so situated on

opposite

shores

that

there

is

less

than thirty (30)

kilometers of marine waters between them, the third

line shall be equally distant from opposite shore of the

respective municipalities.

68. Non-governmental organization (NGO) — an agency,

institution, a foundation or a group of persons whose

purpose is to assist peoples organizations/associations in

various ways including, but not limited to, organizing,

education, training, research and/or resource accessing.

69. Payao — a fish aggregating device consisting of a

loating raft anchored by a weighted line with suspended

materials such as palm fronds to attract pelagic and

schooling species common in deep waters.

70. Pearl Farm Lease — public waters leased for the

purpose of producing cultured pearls.

71. People’s Organization — a bona fide association of

citizens with demonstrated capacity to promote the

public

interest

and

with

identifiable

leadership,

membership and structure. Its members belong to a

sector/s who voluntarily band themselves together to

work for and by themselves for their own upliftment,

development and greater good.

72.

Person

—

natural

or

juridical

entities

such

as

individuals,

associations, partnership, cooperatives or

corporations.

73. Philippine waters — include all bodies of water within

the Philippine territory such as lakes, rivers, streams,

creeks, brooks, ponds, swamps, lagoons, gulfs, bays and

seas and other bodies of water now existing or which

may

hereafter

exist

in

the

provinces,

cities,

municipalities, and barangays and the waters around,

between and connecting the islands of the archipelago

regardless

of

their

breadth

and

dimensions,

the

territorial sea, the sea beds, the insular shelves, and all

other waters over which the Philippines has sovereignty

and

jurisdiction

including

the

200-nautical

miles

Exclusive Economic Zone and the continental shelf.

74. Port State Measures – refers to the requirements

established or interventions undertaken by port states,

which a Philippine flagged or foreign fishing vessel must

comply with as a condition for the use of ports within

the port state.

75. Post-harvest facilities — these facilities include, but

are not limited to, fishport, fishlanding, ice plants and

cold storages, fish processing plants.

76. Purse Seine — a form of encircling net having a line

at the bottom passing through rings attached to the net,

which can be drawn or pursed. In general, the net is set

from a boat or pair of boats around the school of fish.

The bottom of the net is pulled closed with the purse

line. The net is then pulled aboard the fishing boat or

boats until the fish are concentrated in the bunt or fish

bag.

77. Reference Points – means benchmark values often

based on indicators such as fishery stock size or the level

of fishing that serves as standard to compare estimates

of a fishery stock size and fishing mortality over time

depending

on

the

biological

characteristics

of

the

species. Reference points can mark: (a) a limit or a level

that should be avoided; (b) a target, which should be

achieved and maintained; or (c) a trigger that signals the

need to take prescribed actions.

78.

Regional

Fisheries

Management

Organization

(RFMO)

–

means

a

multi-lateral

organization

with

responsibility to coordinate management and establish

conservation

and management measures for highly

migratory fish stocks, fish stocks that straddle national

fisheries management boundaries and other high seas

species.

79. Resource Rent — the difference between the value of

the

products

produced

from

harvesting

a

publicly

owned resource less the cost of producing it, where cost

includes the normal return to capital and normal return

to labor.

80.

Sea

farming

—

the

stocking

of

natural

or

hatchery-produced

marine

plants or animals, under

controlled

conditions,

for

purposes

of

rearing

and

harvesting, but not limited to commercially-important

fishes, mollusks (such as pearl and giant clam culture),

including seaweeds and seagrasses.

81. Sea ranching — the release of the young of fishery

species reared in hatcheries and nurseries into natural

bodies of water for subsequent harvest at maturity or

the manipulation of fishery habitat, to encourage the

growth of the wild stocks.

82. Secretary — the Secretary of the Department of

Agriculture.

83. Serious Violation – means any of the following

violations of the provisions of this Code:

(a) Fishing without a valid license, authorization or

permit;

© 2018 Compiled by RGL

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