Article 112p. 112

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Such list or registry shall be updated annually or as may

be necessary, and shall be posted in barangay halls or

other strategic locations where it shall be open to public

inspection, for the purpose of validating the correctness

and completeness of the list. The LGU, in consultation

with

the

FARMCs,

shall

formulate

the

necessary

mechanisms for inclusion or exclusion procedures that

shall

be

most

beneficial

to the resident municipal

fisherfolk. The FARMCs may likewise recommend such

mechanisms.

The LGUs shall also maintain a registry of municipal

fishing vessels by type of gear and other boat particulars

with the assistance of the FARMC.

SECTION

20.

Fisherfolk

Organizations

and/or

Cooperatives.

—

Fisherfolk organizations/cooperatives

whose members are listed in the registry of municipal

fisherfolk, may be granted use of demarcated fishery

areas to engage in fish capture, mariculture and/or fish

farming:

Provided,

however,

That

an

organization/cooperative member whose household is

already in possession of a fishery right other than for fish

capture cannot enjoy the fishing rights granted to the

organization or cooperative.

SECTION 21. Priority of Resident Municipal Fisherfolk. —

Resident

municipal

fisherfolk

of

the

municipality

concerned

and their organizations/cooperatives shall

have

priority

to

exploit

municipal

and

demarcated

fishery areas of the said municipality.

SECTION 22. Demarcated Fishery Right. — The LGU

concerned

shall grant demarcated fishery rights to

fishery

organizations/cooperatives

for

mariculture

operation in specific areas identified by the Department.

SECTION 23. Limited Entry Into Overfished Areas. —

Whenever

it

is

determined

by

the

LGUs

and

the

Department that a municipal water is overfished based

on available data or information or in danger of being

overfished, and that there is a need to regenerate the

fishery resources in that water, the LGU shall prohibit or

limit fishery activities in the said waters.

SECTION 24. Support to Municipal Fisherfolk. — The

Department and the LGUs shall provide support to

municipal

fisherfolk through appropriate technology

and

research,

credit,

production

and

marketing

assistance and other services such as, but not limited to

training for additional/supplementary livelihood.

SECTION 25. Rights and Privileges of Fishworkers. — The

fishworkers shall be entitled to the privileges accorded

to other workers under the Labor Code, Social Security

System and other benefits under other laws or social

legislation for workers: Provided, That fishworkers on

board any fishing vessels engaged in fishing operations

are hereby covered by the Philippine Labor Code, as

amended.

ARTICLE II Commercial Fisheries

SECTION 26. Commercial Fishing Vessel License and

Other Licenses. — No person shall operate a commercial

fishing vessel, pearl fishing vessel or fishing vessel for

scientific, research or educational purposes, or engage in

any fishery activity, or seek employment as a fishworker

or pearl diver without first securing a license from the

Department, the period of which shall be prescribed by

the Department: Provided, That no such license shall be

required

of

a

fishing

vessel

engaged

in

scientific,

research

or

educational

purposes

within

Philippine

waters pursuant to an international agreement of which

the Philippines is a signatory and which agreement

defines the status, privileges and obligations of said

vessel and its crew and the non-Filipino officials of the

international agency under which said vessel operates:

Provided, further, That members of the crew of a fishing

vessel used for commercial fishing except the duly

licensed and/or authorized patrons, marine engineers,

radio

operators

and

cooks

shall

be

considered

as

fisherfolk:

Provided,

furthermore,

That

all

skippers/master fishers shall be required to undertake

an orientation training on detection of fish caught by

illegal means before they can be issued their fishworker

licenses: Provided, finally, That the large commercial

fishing vessels license herein authorized to be granted

shall allow the licensee to operate only in Philippine

waters seven (7) or more fathoms deep, the depth to be

certified by the NAMRIA, and subject to the conditions

that may be stated therein and the rules and regulations

that may be promulgated by the Department.

SECTION 27. Persons Eligible for Commercial Fishing

Vessel License. — No commercial fishing vessel license

shall be issued except to citizens of the Philippines,

partnerships

or

to

associations,

cooperatives

or

corporations duly registered in the Philippines at least

sixty percent (60%) of the capital stock of which is owned

by Filipino citizens. No person to whom a license has

been issued shall sell, transfer or assign, directly or

indirectly, his stock or interest therein to any person not

qualified to hold a license. Any such transfer, sale or

assignment shall be null and void and shall not be

registered in the books of the association, cooperative or

corporation.

For

purposes of commercial fishing, fishing vessels

owned

by

citizens

of

the

Philippines,

partnerships,

corporations,

cooperatives

or

associations

qualified

under this section shall secure Certificates of Philippine

Registry and such other documents as are necessary for

fishing

operations

from

the

concerned

agencies:

Provided, That the commercial fishing vessel license

shall be valid for a period to be determined by the

Department.

SECTION 28. Commercial Fishing Vessel Registration. —

The

registration,

documentation,

inspection

and

manning of the operation of all types of fishing vessels

plying Philippine waters shall be in accordance with

laws, rules and regulations.

SECTION 29. Registration and Licensing of Fishing Gears

Used in Commercial Fishing. — Before a commercial

fishing

vessel

holding

a

commercial

fishing

vessel

license

may

begin

fishing

operations

in

Philippine

waters, the fishing gear it will utilize in fishing shall be

registered

and

a

license

granted

therefor.

The

Department shall promulgate guidelines to implement

this provision within sixty (60) days from approval of this

Code.

SECTION 30. Renewal of Commercial Fishing Vessel

License. – The commercial fishing vessel license shall be

renewed every three (3) years.

The owner/operator of a fishing vessel has a period of

sixty (60) days prior to the expiration of the license within

which to renew the same.

SECTION 31. Transfer of Ownership. – The owner/operator

of a registered fishing vessel shall notify the Department

in writing of any intention to transfer the ownership of

the vessel within ten (10) days before its intended

transfer to another person. Failure of the owner to do so

shall not extinguish any existing or pending sanction or

liability with respect to said fishing vessel.

SECTION 32. Distant Water Fishing. – Fishing vessels of

Philippine registry may engage in distant water fishing

as defined in this Code: Provided, That they comply with

the safety, manning and other requirements of the

Philippine Coast Guard, Maritime Industry Authority and

© 2018 Compiled by RGL

112 of 244