Article 111p. 111

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

ecological,

biological and environmental justification

based on scientific studies subject to the bio-safety

standard as provided for by existing laws: Provided,

however,

That

the

Department

may

approve

the

introduction

of

foreign

aquatic

species

for

scientific/research purposes.

SECTION

11.

Protection

of

Rare,

Threatened

and

Endangered Species. — The Department shall declare

closed seasons and take conservation and rehabilitation

measures for rare, threatened and endangered species,

as it may determine, and shall ban the fishing and/or

taking of rare, threatened and/or endangered species,

including their eggs/offspring as identified by existing

laws

in

concurrence

with

concerned

government

agencies.

SECTION 12. Environmental Impact Statement (EIS). — All

government agencies as well as private corporations,

firms and entities who intend to undertake activities or

projects which will affect the quality of the environment

shall be required to prepare a detailed Environmental

Impact

Statement

(EIS)

prior

to

undertaking

such

development activity. The preparation of the EIS shall

form an integral part of the entire planning process

pursuant to the provisions of Presidential Decree No.

1586 as well as its implementing rules and regulations.

SECTION

13.

Environmental

Compliance

Certificate

(ECC). — All Environmental Impact Statements (EIS) shall

be submitted to the Department of Environment and

Natural Resources (DENR) for review and evaluation. No

person,

natural

or

juridical,

shall

undertake

any

development

project

without

first

securing

an

Environmental Compliance Certificate (ECC) from the

Secretary of the DENR.

SECTION 14. Monitoring, Control and Surveillance (MCS)

of

Fishing

in

all

Philippine

Waters

and

Philippine

Flagged Distant Water Fishing Vessels. – A monitoring,

control and surveillance system shall be established by

the Department in coordination with LGUs, FARMCs, the

private sector and other agencies concerned to ensure

that the fisheries and aquatic resources in Philippine

waters are judiciously and wisely utilized and managed

on a sustainable basis and conserved for the benefit and

enjoyment

exclusively

of

Filipino

citizens.

The MCS

system shall encompass all Philippine flagged fishing

vessels regardless of fishing area and final destination of

catch.

SECTION 15. Auxiliary Invoices. — All fish and fishery

products must have an auxiliary invoice to be issued by

the LGUs or their duly authorized representatives prior to

their transport from their point of origin to their point of

destination in the Philippines and/or export purposes

upon payment of a fee to be determined by the LGUs to

defray administrative costs therefor.

ARTICLE I Municipal Fisheries

SECTION 16. Jurisdiction of Municipal/City Government.

— The municipal/city government shall have jurisdiction

over municipal waters as defined in this Code. The

municipal/city

government, in consultation with the

FARMC

shall

be

responsible

for

the

management,

conservation, development, protection, utilization, and

disposition

of

all

fish

and fishery/aquatic resources

within their respective municipal waters.

The municipal/city government may, in consultation

with the FARMC, enact appropriate ordinances for this

purpose and in accordance with the National Fisheries

Policy. The ordinances enacted by the municipality and

component city shall be reviewed pursuant to Republic

Act No. 7160 by the 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 municipal/city council.

The management of contiguous fishery resources such

as bays which straddle several municipalities, cities or

provinces, shall be done in an integrated manner, and

shall not be based on political subdivisions of municipal

waters in order to facilitate their management as single

resource systems. The LGUs which share or border such

resources may group themselves and coordinate with

each other to achieve the objectives of integrated fishery

resource management. The Integrated Fisheries and

Aquatic

Resources

Management

Councils

(FARMCs)

established under Section 76 of this Code shall serve as

the venues for close collaboration among LGUs in the

management of contiguous resources.

SECTION 17. Grant of Fishing Privileges in Municipal

Waters.

—

The

duly

registered

fisherfolk

organizations/cooperatives shall have preference in the

grant of fishery rights by the Municipal/City Council

pursuant to Section 149 of the Local Government Code:

Provided, That in areas where there are special agencies

or offices vested with jurisdiction over municipal waters

by virtue of special laws 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.

SECTION 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 small and

medium commercial fishing vessels to operate within

the ten 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 policies 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

shipowner,

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.

SECTION 19. Registry of Municipal Fisherfolk. — The LGU

shall maintain a registry of municipal fisherfolk, who are

fishing or may desire to fish in municipal waters for the

purpose

of

determining

priorities

among

them,

of

limiting

entry

into

the

municipal

waters,

and

of

monitoring

fishing

activities

an/or

other

related

purposes: Provided, That the FARMC shall submit to the

LGU the list of priorities for its consideration.

© 2018 Compiled by RGL

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