Article 117p. 117

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

p.

recommend

measures

for

the

protection/enhancement

of

the

fishery

industries;

q.

assist the LGUs in developing their technical

capability in the development, management,

regulation, conservation, and protection of the

fishery resources;

r.

formulate and implement rules and regulations

for

the

conservation

and

management

of

straddling

fish

stocks,

highly

migratory

fish

stocks and threatened living marine resources

such as sharks, rays and ludong, inter alia, in the

Philippine Exclusive Economic Zone, territorial

sea,

archipelagic

and

internal

waters,

in

coordination

with

LGUs

and

integrated/municipal/city Fisheries and Aquatic

Resources Management Councils;

s.

train, designate and deploy fisheries observers in

Philippine flagged fishing vessels engaged in

commercial

fishing

in

Philippine

waters

or

distant water fishing to ensure compliance with

conservation

and

management

measures

adopted by RFMOS and by the Department;

t.

implement boarding and inspection protocols

upon Philippine flagged fishing vessels in order

to promote observance to international treaty

obligations

on

food

safety,

to

curb

illegal,

unreported

and

unregulated

fishing, and to

comply

with

conservation

and

management

measures;

u.

adopt

an

appropriate

monitoring,

control,

surveillance

and

traceability

system

for

municipal fishing vessels supplying exporters

with concurrence of the local government units;

v.

adopt and implement a national plan of action

to

manage

fishing

capacity,

implement

the

international code of conduct for responsible

fisheries, and declare fishery management areas

as over-exploited in coordination with the LGUs

and FARMCs;

w.

require performance bonds and impose and

collect

reasonable

fees

and

charges

for

laboratory services, inspection, deployment of

fisheries observers, and catch documentation

and validation, taking into account the balance

required

between

recovering

the

costs

of

services

rendered

and

the

socioeconomic

impact

of

their

imposition,

upon

prior

consultation with stakeholders;

x.

hear and decide administrative cases before it;

y.

determine

the

appropriate

levels

of

administrative and other sanctions, particularly

for serious violations, that deprive offenders of

economic benefits from their violations of the

laws, rules and regulations;

z.

initiate

the

criminal

prosecution

of

offenses

committed in violation of this Code regardless of

their situs; and

aa. perform such other related functions which shall

promote

the

development,

conservation,

management,

protection

and

utilization

of

fisheries and aquatic resources.

SECTION 66. Composition of BFAR. — As a line bureau,

the BFAR shall be headed by a Director and assisted by

two

(2) Assistant Directors who shall supervise the

administrative and technical services of the bureau

respectively. It shall establish regional, provincial and

municipal offices as may be appropriate and necessary

to carry out effectively and efficiently the provisions of

this Code.

SECTION

67.

Fisheries

Inspection

and

Quarantine

Service. — For purposes of monitoring and regulating

the

importation

and

exportation

of

fish

and

fishery/aquatic resources, the Fisheries Inspection and

Quarantine Service in the BFAR is hereby strengthened

and shall have the following functions:

a.conduct fisheries quarantine and quality inspection of

all fish and fishery/aquatic products coming into and

going out of the country by air or water transport, to

detect the presence of fish pest and diseases and if

found

to

harbor

fish

pests

or

diseases

shall

be

confiscated

and

disposed

of

in

accordance

with

environmental standards and practices;

b.implement international agreements/commitments on

bio-safety

and

bio-diversity

as

well

as prevent the

movement or trade of endemic fishery and aquatic

resources to ensure that the same are not taken out of

the country;

c. quarantine such aquatic animals and other fishery

products determined or suspected to be with fishery

pests and diseases and prevent the movement or trade

from and/or into the country of these products so

prohibited or regulated under existing laws, rules and

regulations as well as international agreements of which

the Philippines is a State Party;

d.examine all fish and fishery products coming into or

going out of the country which may be a source or

medium of fish pests or diseases and/or regulated by

existing fishery regulations and ensure that the quality

of fish import and export meet international standards;

and

e.document and authorize the movement or trade of

fish and fishery products when found free of fish pests

or diseases and collect necessary fees prescribed by law

and regulations.

ARTICLE

II

The

Fisheries

and

Aquatic

Resources

Management

Councils

(FARMCs)

SECTION 68. Development of Fisheries and Aquatic

Resources in Municipal Waters and Bays. — Fisherfolk

and their organizations residing within the geographical

jurisdiction of the barangays, municipalities or cities with

the concerned LGUs shall develop the fishery/aquatic

resources in municipal waters and bays.

SECTION 69. Creation of Fisheries and Aquatic Resources

Management Councils (FARMCs). — FARMCs shall be

established

in

the

national

level

and

in

all

municipalities/cities

abutting

municipal

waters

as

defined by this Code. The FARMCs shall be formed by

fisherfolk organizations/cooperatives and NGOs in the

locality

and

be

assisted

by

the

LGUs

and

other

government entities. Before organizing FARMCs, the

LGUs, NGOs, fisherfolk, and other concerned POs shall

undergo consultation and orientation on the formation

of FARMCs.

SECTION 70. Creation and Composition of the National

Fisheries and Aquatic Resources Management Council

(NFARMC).

—

There

is

hereby

created

a

National

Fisheries and Aquatic Resources Management Council

hereinafter

referred

to

as

NFARMC

as

an

advisory/recommendatory body to the Department. The

NFARMC shall be composed of fifteen (15) members

consisting of:

© 2018 Compiled by RGL

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