Article 113p. 113

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

other agencies concerned: Provided, however, That they

secure

a

fishing

permit,

gear

license

and

other

clearances from the Department: Provided, further, That

the fish caught by such vessels shall be considered as

caught in Philippine waters and therefore not subject to

all import duties and taxes only when the same is landed

in duly designated fish landings and fish ports in the

Philippines: Provided, furthermore, That landing ports

established by canneries, seafood processors and all fish

landing sites established prior to the effectivity of this

Code

shall

be

considered

authorized

landing

sites:

Provided, finally, That fishworkers on board Philippine

registered fishing vessels conducting fishing activities

beyond the Philippine Exclusive Economic Zone are not

considered as overseas Filipino workers.

Distant water fishing vessels shall comply with the

monitoring,

control

and

surveillance

requirements,

conservation and management measures, and fishing

access conditions of the Department, the RFMO, or other

coastal states.

SECTION 33. Importation, Construction of New Fishing

Vessels and Gears and Conversion of Other Vessels. –

Prior to the importation or the construction of new

fishing vessels or gears, or the conversion into a fishing

vessel, the approval/clearance of the Department must

first be obtained in order to manage fishing capacity.

SECTION 34. Incentives for Municipal and Small-Scale

Commercial

Fisherfolk. — Municipal and small-scale

commercial fisherfolk shall be granted incentives which

shall include, but are not limited to, the following:

a.

at least ten percent (10%) of the credit and the

guarantee

funds

of

government

financing

institutions

shall

be

made

available

for

post-harvest

and

marketing

projects for the

purpose

of

enhancing

our

fisherfolk

competitiveness by reducing post-harvest losses.

Qualified projects shall include, but shall not be

limited

to, ice plants, cold storage, canning,

warehouse,

transport

and

other

related

infrastructure projects and facilities; and

b.

the Department shall undertake the following

programs:

1.

a

capability-building

program

for

targeted

parties shall be developed by the Department to

promote

greater

bankability

and

credit

worthiness

of

municipal

and

small-scale

commercial fishers. Such program shall include

organizing activities, technology transfer, and

skills training related to commercial fishing as

well

as

credit

management.

Groups

and

cooperatives organized under the program shall

have priority access over credit and guarantee

funds established under this Code; and

2.

an information campaign shall be conducted to

promote

the

capability

building

and

credit

programs. The campaign shall ensure greater

information dissemination and accessibility to

targeted fisherfolk.

SECTION 35. Incentives for Commercial Fishers to Fish

Farther into the Exclusive Economic Zone (EEZ). — In

order to encourage fishing vessel operators to fish

farther in the EEZ and beyond, new incentives for

improvement

of

fishing

vessels

and

acquisition

of

fishing

equipment

shall

be

granted

in addition to

incentives

already

available

from

the

Board

of

Investments (BOI). Such incentives shall be granted

subject

to

exhaustive

evaluation

of

resource

and

exploitation conditions in the specified areas of fishing

operations.

The

incentive

shall include, but not be

limited to:

a.

long term loans supported by guarantee facilities

to finance the building and acquisition and/or

improvement of fishing vessels and equipment;

b.

commercial

fishing

vessel

operators

of

Philippine registry shall enjoy a limited period of

tax and duty exemptions on the importation of

fishing vessels not more than five (5) years old,

equipment

and

paraphernalia, the period of

exemption and guidelines shall be fixed by the

Department within ninety (90) days from the

effectivity of this Code;

c.

commercial

fishing

operator

of

Philippine

registry engaged in fisheries in the high seas

shall be entitled to duty and tax rebates on fuel

consumption

for

commercial

fisheries

operations.

Guidelines

shall

be

promulgated

within ninety (90) days from the effectivity of this

Code by the Department; and

d.

all

applicable

incentives

available

under the

Omnibus Investment Code of 1987: Provided,

That the fishing operation project is qualified for

registration and is duly registered with the BOI.

SECTION 36. Complement of Fishing Vessels. — Every

commercial fishing vessel of Philippine registry when

actually operated, shall be manned in accordance with

the requirements of the Philippine Merchant Marine

rules and regulations.

SECTION 37. Medical Supplies and Life-Saving Devices. —

All fishing vessels shall be provided with adequate

medical

supplies

and

life-saving

devices

to

be

determined

by the Occupational Safety and Health

Center: Provided, That a fishing vessel of twenty (20) GT

or more shall have as a member of its crew a person

qualified as a first aider duly certified by the Philippine

National Red Cross.

SECTION

38.

Reportorial

Requirements.

–

Each

commercial fishing vessel shall keep a daily record offish

catch and spoilage, landing points, and quantity and

value of fish caught, and off-loaded for transhipment,

sale and/ or other disposal. Detailed information shall be

duly certified by the vessel’s captain and transmitted to

BFAR within the period prescribed in the implementing

rules and regulations promulgated by the Department.

Failure to comply shall result to administrative and penal

sanctions.

SECTION 39. Report of Meteorological and Other Data. —

All vessels and crafts passing navigational lanes or

engaged

in

fisheries

activity

shall

be

required

to

contribute to meteorological and other data, and shall

assist the Department in documentation or reporting of

information vital to navigation and the fishing industry.

SECTION 40. Color Code and Radio Frequency. — For

administrative

efficiency

and

enforcement

of

regulations, registered fishing vessels shall bear a color

code as may be determined by the Department and may

be assigned a radio frequency specific and distinct to its

area of operation.

SECTION 41. Passage. — Commercial and other passage

not in the regular conduct of fisheries activity shall be

made at designated navigational lanes.

SECTION 42. Port State Measures. – The Department is

authorized to adopt port state measures that must be

complied

with

by

foreign

fishing

vessels.

These

measures shall include: prior notification of port entry;

use of designated ports; restrictions on port entry and

landing or transhipment of fish; restrictions on supplies

and

services;

catch

and

other

documentation

requirements;

port

inspections;

and

other

related

measures.

© 2018 Compiled by RGL

113 of 244