Article 110p. 110

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

(b) Fishing without reporting the catch or misreporting

the catch;

(c) Fishing in a closed area or during a closed season;

(d) Fishing of prohibited species;

(e) Fishing with the use of prohibited gear or methods;

(f)

Falsifying,

concealing

or

tampering

with

vessel

markings,

identity

or

registration

to

conceal vessel

identity or lack of registration;

(g)

Concealing, tampering or disposing of evidence

relating to an investigation of a violation;

(h)

Assaulting,

resisting,

intimidating,

harassing,

seriously

interfering

with,

or

unduly

obstructing or

delaying a fisheries law enforcer, authorized inspector or

observer or other duly authorized government officer;

(i) Intentionally tampering with or disabling the vessel

monitoring system; and

(j) Committing multiple violations which taken together

constitute a serious disregard of this Code.

84. Superlight – also called magic light, refers to a type of

light using halogen or metal halide bulb which may be

located above the sea surface or submerged in the

water. It consists of a ballast, regulator, electric cable and

socket. The source of energy comes from a generator,

battery or dynamo coupled with the main engine.

85. Transhipment – refers to the transfer of all or any fish

or fishery product from one fishing vessel to another.

86. Total Allowable Catch (TAC) — the maximum harvest

allowed to be taken during a given period of time from

any fishery area, or from any fishery species or group of

fishery species, or a combination of area and species and

normally would not exceed the MSY.

87. Trawl — an active fishing gear consisting of a bag

shaped net with or without otter boards to open its

opening which is dragged or towed along the bottom or

through the water column to take fishery species by

straining them from the water, including all variations

and modifications of trawls (bottom, mid-water, and

baby trawls) and tow nets.

88. Unregulated Fishing – refers to fishing activities

conducted by:

(a) Vessels without nationality but operated by Filipino

and/or Filipino corporation;

(b) Philippine flagged fishing vessels operating in areas

managed by RFMOs to which the Philippines is not a

party to; or

(c) Philippine flagged fishing vessels operating in areas

or fish stocks where there are no applicable conservation

and management measures.

89. Unreported Fishing – refers to fishing activities which

have not been reported, or have been misreported to the

Department,

in

contravention

of

national laws and

regulations of the Philippines, or undertaken in the area

of competence of a relevant RFMO which have not been

reported or have been misreported, in contravention of

the

reporting

procedures

of

that

organization

and

further elaborated by regulations to be promulgated by

the Department."

CHAPTER

II

Utilization,

Management,

Development, Conservation and

Allocation System of Fisheries and Aquatic Resources

SECTION 5. Use of Philippine Waters. — The use and

exploitation of the fishery and aquatic resources in

Philippine

waters

shall

be

reserved

exclusively

to

Filipinos: Provided, however, That research and survey

activities may be allowed under strict regulations, for

purely research, scientific, technological and educational

purposes that would also benefit Filipino citizens.

SECTION 6. Fees and Other Fishery Charges. – The

rentals for fishpond areas covered by the Fishpond Lease

Agreement

(FLA)

or

other

tenurial

instrument

and

license fees for Commercial Fishing Vessel Licenses

(CFVL) shall be set at levels that reflect resource rent

accruing from the utilization of resources and shall be

determined

by the Department: Provided, That the

Department shall also prescribe fees and other fishery

charges and issue the corresponding license or permit

for fishing gear, fishing accessories and other fishery

activities beyond the municipal waters: Provided, further,

That the license fees of fishery activity in municipal

waters shall be determined by the Local Government

Units (LGUs) in consultation with the FARMCs. The

FARMCs may also recommend the appropriate license

fees that will be imposed.

SECTION

7.

Access

to

Fishery

Resources.

–

The

Department shall issue such number of licenses and

permits for the conduct of fishery activities subject to

harvest control rules and reference points as determined

by

scientific

studies

or

best

available

evidence.

Preference shall be given to resource users in the local

communities

adjacent

or

nearest

to

the

municipal

waters.

SECTION 8. Harvest Control Rules and Reference Points.

– The Secretary may establish reference points and

harvest control rules in a fishery management area or for

a fishery: Provided, however, That in municipal waters

and fishery management areas, and waters under the

jurisdiction of special agencies, Harvest Control Rules

and Reference Points may be established upon the

concurrence and approval or recommendation of such

special agency and the concerned LGU in consultation

with the FARMC for conservation or ecological purposes.

SECTION 9. Establishment of Closed Season. — The

Secretary may declare, through public notice in at least

two (2) newspapers of general circulation or in public

service announcements, whichever is applicable, at least

five (5) days before the declaration, a closed season in

any or all Philippine waters outside the boundary of

municipal waters and in bays, for conservation and

ecological purposes. The Secretary may include waters

under the jurisdiction of special agencies, municipal

waters and bays, and/or other areas reserved for the use

of the municipal fisherfolk in the area to be covered by

the closed season: Provided, however, That this shall be

done

only

upon

the

concurrence

and

approval

or

recommendation

of

such

special

agency

and

the

concerned LGU and FARMC: Provided, further, That in

municipal waters, fishery management areas and other

areas reserved for the use of the municipal fisherfolk,

closed season may be established by the concerned LGU

in consultation with the FARMC for conservation or

ecological purposes. The FARMCs may also recommend

the establishment of closed seasons in municipal waters,

fisheries management and other areas reserved for the

use of the municipal fisherfolk.

SECTION 10. Introduction of Foreign Aquatic Species. —

No foreign finfish, mollusk, crustacean or aquatic plants

shall be introduced in Philippine waters without a sound

© 2018 Compiled by RGL

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