Article 115p. 115

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Provided, further, That fish pens and fish cages located

outside

municipal

waters

shall

be constructed and

operated

only within fish pen and fish cage belts

designated by the Department and after corresponding

licenses therefor have been secured and the fees thereof

paid.

SECTION

52.

Pearl

Farm

Leases.

—

The

foregoing

provisions notwithstanding, existing pearl farm leases

shall be respected and allowed to operate under the

terms thereof. New leases may be granted to qualified

persons

who

possess

the

necessary

capital

and

technology, by the LGUs having jurisdiction over the

area.

SECTION 53. Grant of Privileges for Operations of Fish

Pens, Cages, Corrals/Traps and Similar Structures. — No

new concessions, licenses, permits, leases and similar

privileges for the establishment or operation of fish

pens, fish cages, fish corrals/traps and other similar

structures in municipal areas shall be granted except to

municipal fisherfolk and their organizations.

SECTION 54. Insurance for Fishponds, Fish Cages and

Fish Pens. — Inland fishponds, fish cages and fish pens

shall be covered under the insurance program of the

Philippine Crop Insurance Corporation for losses caused

by force majeure and fortuitous events.

SECTION 55. Non-Obstruction to Navigation. — Nothing

in

the

foregoing

sections

shall

be

construed

as

permitting

the

lessee,

licensee,

or

permittee

to

undertake any construction which will obstruct the free

navigation in any stream, river, lakes, or bays flowing

through or adjoining the fish pens, fish cages, fish traps

and fishponds, or impede the flow of the tide to and

from the area. Any construction made in violation hereof

shall be removed upon the order of the Department in

coordination

with

the

other

government

agencies

concerned at the expense of the lessee, licensee, or

occupants

thereof,

whenever

applicable.

The

Department

shall

within

thirty

(30)

days

after

the

effectivity of this Code formulate and implement rules

and

regulations

for

the

immediate

dismantling

of

existing obstruction to navigation.

SECTION

56.

Non-Obstruction

to

Defined

Migration

Paths. — Nothing in the foregoing sections shall be

construed

as

permitting

the

lessee,

permittee,

or

licensee

to

undertake

any

construction

which

will

obstruct any defined migration path of migratory fish

species such as river mouths and estuaries within a

distance

determined

by

the

concerned

LGUs

in

consultation with and upon the recommendation of the

FARMCs.

SECTION 57. Registration of Fish Hatcheries and Private

Fishponds, etc. — All fish hatcheries, fish breeding

facilities and private fishponds must be registered with

the LGUs which shall prescribe minimum standards for

such facilities in consultation with the Department:

Provided, That the Department shall conduct a yearly

inventory of all fishponds, fish pens and fish cages

whether in public or private lands: Provided, further, That

all fishpond, fish pens and fish cage operators shall

annually report to the Department the type of species

and

volume

of

production

in

areas

devoted

to

aquaculture.

ARTICLE IV Post-Harvest Facilities, Activities

and Trades

SECTION 58. Comprehensive Post-harvest and Ancillary

Industries Plan. — The Department shall conduct a

regular study of fisheries post-harvest operations and

ancillary

industries,

in

the

formulation

of

a

comprehensive

plan

for

post-harvest

and

ancillary

industries. It shall take into account among others, the

following:

a.detailed

and

clear

guidelines

on

the

distribution,

construction,

maintenance

and

use

of

post-harvest

infrastructure facilities;

b.extension of credit and incentives for post-harvest

operations;

c. promotion and strengthening of semi-processing,

processing and handling;

d.development of domestic fishmeal industry;

e.development of fisheries ship-building and repair as a

viable industry;

f. development and strengthening of marketing facilities

and

activities,

including

the

pricing

system,

with

emphasis on collective marketing and the elimination of

middlemen;

g.increased

participation

of

cooperatives

and

non-governmental

organizations

in

post-harvest

operations and ancillary industries; and

h.integration of fisheries post-harvest operations into the

national fisheries plan.

SECTION 59. Establishment of Post-Harvest Facilities for

Fishing Communities. — The LGUs shall coordinate with

the private sector and other concerned agencies and

FARMCs in the establishment of post-harvest facilities for

fishing

communities

such

as,

but

not

limited

to,

municipal fish landing sites, fish ports, ice plants and

cold storage and other fish processing establishments to

serve

primarily

the

needs

of

municipal

fisherfolk:

Provided,

That

such

post-harvest

facilities

shall

be

consistent with the Comprehensive Post-harvest and

Ancillary Industries Plan.

SECTION

60.

Registration

and

Licensing

of

all

Post-Harvest Facilities. — All post-harvest facilities such

as fish processing plants, ice plants, and cold storages,

fish

ports/landings

and

other

fishery

business

establishments must register with and be licensed by

the LGUs which shall prescribe minimum standards for

such facilities in consultation with the Department.

SECTION 61. Importation and Exportation of Fishery

Products. —

a.Export of fishery products shall be regulated whenever

such exportation affects domestic food security and

production: Provided, That exportation of live fish shall

be

prohibited

except

those

which

are

hatched

or

propagated in accredited hatcheries and ponds;

b.To protect and maintain the local biodiversity or ensure

the sufficiency of domestic supply, spawners, breeders,

eggs and fry of bangus, prawn and other endemic

species, as may be determined by the Department, shall

not be exported or caused to be exported by any person;

c. Fishery products may be imported only when the

importation has been certified as necessary by the

Department in consultation with the FARMC, and all the

requirements of this Code, as well as all existing rules

and regulations have been complied with: Provided, That

fish imports for canning/processing purposes only may

be

allowed

without the necessary certification, but

within the provisions of Section 61(d) of this Code; and

d.No person, shall import and/or export fishery products

of whatever size, stage or form for any purpose without

securing a permit from the Department.

© 2018 Compiled by RGL

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