Natural Resources and Environmental Laws
Natural Resources and Environmental Laws
Answer First
Primary Text
NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS
SECTION 79. Source of Funds of the FARMCs. — A
separate
fund
for
the
NFARMC,
IFARMCs
and
M/CFARMCs shall be established and administered by
the Department from the regular annual budgetary
appropriations.
CHAPTER IV Fishery Reserves, Refuge and
Sanctuaries
SECTION 80. Fishing Areas Reserves for Exclusive Use of
Government. — The Department may designate area or
areas in Philippine waters beyond fifteen (15) kilometers
from shoreline as fishery reservation for the exclusive
use of the government or any of its political subdivisions,
agencies
or
instrumentalities,
for
propagation,
educational, research and scientific purposes: Provided,
That in municipalities or cities, the concerned LGUs in
consultation with the FARMCs may recommend to the
Department that portion of the municipal waters be
declared as fishery reserves for special or limited use, for
educational,
research,
and/or
special
management
purposes.
The
FARMCs
may
recommend
to
the
Department portions of the municipal waters which can
be declared as fisheries reserves for special or limited
use for educational, research and special management
purposes.
SECTION
81.
Fish
Refuge
and
Sanctuaries.
—
The
Department may establish fish refuge and sanctuaries
to be administered in the manner to be prescribed by
the BFAR at least twenty-five percent (25%) but not more
than
forty
percent
(40%)
of
bays,
foreshore
lands,
continental shelf or any fishing ground shall be set aside
for the cultivation of mangroves to strengthen the
habitat and the spawning grounds of fish. Within these
areas no commercial fishing shall be allowed. All marine
fishery reserves, fish sanctuaries and mangrove swamp
reservations
already
declared
or proclaimed by the
President
or
legislated
by
the
Congress
of
the
Philippines
shall
be
continuously
administered
and
supervised by the concerned agency: Provided, however,
That
in
municipal
waters,
the
concerned
LGU
in
consultation with the FARMCs may establish fishery
refuge
and
sanctuaries.
The
FARMCs
may
also
recommend fishery refuge and sanctuaries: Provided,
further,
That
at
least
fifteen
percent
(15%)
where
applicable of the total coastal areas in each municipality
shall be identified, based on the best available scientific
data and in consultation with the Department, and
automatically designated as fish sanctuaries by the LGUs
in consultation with the concerned FARMCs.
CHAPTER
V
Fisheries
Research
and
Development
SECTION 82. Creation of a National Fisheries Research
and Development Institute (NFRDI). — In recognition of
the
important
role
of
fisheries
research
in
the
development,
management,
conservation
and
protection
of
the
country’s
fisheries
and
aquatic
resources, there is hereby created a National Fisheries
Research and Development Institute (NFRDI).
The Institute shall form part of the National Research
and
Development
Network
of
the
Department
of
Science and Technology (DOST).
The Institute, which shall be attached to the Department
shall serve as the primary research arm of the BFAR. The
overall governance of the Institute shall be vested in the
Governing Board which shall formulate policy guidelines
for its operation. The plans, programs and operational
budget shall be passed by the Board. The Board may
create such committees as it may deem necessary for
the proper and effective performance of its functions.
The composition of the Governing Board shall be as
follows:
a. Undersecretary for Fisheries — Chairman
b.BFAR Director — Vice Chairman
c. NFRDI Executive Director — Member
d.PCAMRD Executive Director — Member
e.Representative from the academe — Member
f. four (4) representatives from the private sector who
shall come from the following subsectors: — Members
* Municipal Fisherfolk
* Commercial Fishing Operator
* Aquaculture Operator
* Post-Harvest/Processor
The NFRDI shall have a separate budget specific to its
manpower requirements and operations to ensure the
independent
and
objective
implementation
of
its
research activities.
SECTION 83. Qualification Standard. — The Institute shall
be headed by an Executive Director to be appointed by
the
President
of
the
Philippines
upon
the
recommendation of the governing board. The Executive
Director shall hold a Doctorate degree in fisheries and/or
other related disciplines. The organizational structure
and
staffing
pattern
shall
be
approved
by
the
Department:
Provided,
however,
That
the
staffing
pattern and remunerations for scientific and technical
staff shall be based on the qualification standards for
science and technology personnel.
SECTION 84. Research and Development Objectives. —
Researches to be done by the NFRDI are expected to
result in the following:
a.To raise the income of the fisherfolk and to elevate the
Philippines among the top five (5) in the world ranking
in the fish productions;
b.to make the country’s fishing industry in the high seas
competitive;
c. to conduct social research on fisherfolk families for a
better understanding of their conditions and needs; and
d.to coordinate with the fisheries schools, LGUs and
private sectors regarding the maximum utilization of
available
technology, including the transfer of such
technology to the industry particularly the fisherfolk.
SECTION 85. Functions of the NFRDI. — As a national
institute, the NFRDI shall have the following functions:
a.establish a national infrastructure unit complete with
technologically-advanced features and modern scientific
equipment,
which
shall
facilitate,
monitor,
and
implement various research needs and activities of the
fisheries sector;
b.provide
a
venue
for
intensive
training
and
development of human resources in the field of fisheries,
a repository of all fisheries researches and scientific
information;
c. provide intensive training and development of human
resources in the field of fisheries for the maximum
utilization of available technology;
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