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Environmental Law Midterm Coverage | EH405

REPUBLIC ACT 9003 INSTITUTIONAL MECHANISM


January 26, 2001
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING Section 4. National Solid Waste Management Commission - There is hereby established
THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS a National Solid Waste Management Commission, hereinafter referred to as the Commission,
PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR under the Office of the President. The Commissioner shall be composed of fourteen (14)
OTHER PURPOSES members from the government sector and three members from the private sector. The
government sector shall be represented by the heads of the following agencies in their ex officio
capacity:
Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a
systematic, comprehensive and ecological solid waste management program which shall: (1) Department of Environment and Natural Resources (DENR);

(a) Ensure the protection of the public health and environment; (2) Department of the Interior and Local Government (DILG);

(b) Utilize environmentally-sound methods that maximize the utilization of valuable (3) Department of Science and Technology (DOST);
resources and encourage resource conservation and recovery;
(4) Department of Public Works and Highways (DPWH);
(c) Set guidelines and targets for solid waste avoidance and volume reduction through
source reduction and waste minimization measures, including composting, recycling, (5) Department of Health (DOH);
re-use, recovery, green charcoal process, and others, before collection, treatment and
disposal in appropriate and environmentally sound solid waste management facilities (6) Department of Trade and Industry (DTI);
in accordance with ecologically sustainable development principles;
(7) Department of Agriculture (DA);
(d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best (8) Metro Manila Development Authority (MMDA);
environmental practice in ecological waste management excluding incineration;
(9) League of provincial governors;
(e) Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional (10) League of city mayors;
arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery; (11) League of municipal mayors;

(f) Encourage greater private sector participation in solid waste management; (12) Association of barangay councils;

(g) Retain primary enforcement and responsibility of solid waste management with (13) Technical Education and Skills Development Authority (TESDA); and
local government units while establishing a cooperative effort among the national
government, other local government units, non- government organizations, and the (14) Philippine Information Agency.
private sector;
The private sector shall be represented by the following:
(h) Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments; (a) A representative from nongovernment organizations (NGOs) whose principal
purpose is to promote recycling and the protection of air and water quality;
(i) Institutionalize public participation in the development and implementation of
national and local integrated, comprehensive, and ecological waste management (b) A representative from the recycling industry; and
programs; and
(c) A representative from the manufacturing or packaging industry;
(j) Strength the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and non-formal The Commission may, from time to time, call on any other concerned agencies or sectors as it
education in order to promote environmental awareness and action among the may deem necessary.
citizenry.

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Provided, That representatives from the NGOs, recycling and manufacturing or packaging (i) Develop a mechanism for the imposition of sanctions for the violations
industries shall be nominated through a process designed by themselves and shall be appointed environmental rules and regulations;
by the President for a term of three (3) years.
(j) Manage the Solid Waste Management Fund;
Provided, further, That the Secretaries of the member agencies of the Commission shall
formulate action plans for their respective agencies to complement the National Solid Waste (k) Develop and prescribe procedures for the issuance of appropriate permits and
Management Framework. clearances.

The Department Secretary and a private sector representative of the Commission shall serve as (l) Review the incentives scheme for effective solid waste management, for purpose
chairman and vice chairman, respectively. The private sector representatives of the Commission of ensuring relevance and efficiency in achieving the objectives of this Act;
shall be appointed on the basis of their integrity, high decree of professionalism and having
distinguished themselves in environmental and resource management. The members of the (m) Formulate the necessary education promotion and information campaign
Commission shall serve and continue to hold office until their successors shall have been strategies;
appointed and qualified. Should a member of the Commission fail to complete his/her term, the
unexpired portion of the term. Finally, the members shall be entitled to reasonable traveling (n) Establish, after notice and hearing of the parties concerned, standards, criteria,
expenses and honoraria. guidelines, and formula that are fair, equitable and reasonable, in establishing tipping
charges and rates that the proponent will charge in the operation and management of
The Department, through the Environmental Management Bureau, shall provide secretariat solid waste management facilities and technologies.
support to the Commission. The Secretariat shall be headed by an executive director who shall
be nominated by the members of the Commission and appointed by the chairman. (o) Develop safety nets and alternative livelihood programs for small recyclers and
other sectors that will be affected as a result of the construction and/or operation of
Section 5. Powers and Functions of the Commission - The Commission shall oversee the solid waste management recycling plant or facility.
implementation of solid waste management plans and prescribe policies to achieve the
objectives of this Act. The Commission shall undertake the following activities. (p) Formulate and update a list of non-environmentally acceptable materials in
accordance with the provisions of this Act. For this purpose, it shall be necessary that
(a) Prepare the national solid waste management framework; proper consultation be conducted by the Commission with all concerned industries to
ensure a list that is based on technological and economic viability.
(b) Approve local solid waste management plans in accordance with its rules and
regulations; (q) Encourage private sector initiatives, community participation and investments
resource recovery-based livelihood programs for local communities.
(c) Review and monitor the implementation of local solid waste management plans;
(r) Encourage all local government agencies and all local government units to
(d) Coordinate the operation of local solid waste management boards in the provincial patronize products manufactured using recycled and recyclable materials;
and city/municipal levels;
(s) Propose and adopt regulations requiring the source separation and post separation
(e) To the maximum extent feasible, utilizing existing resources, assist provincial, city collection, segregated collection, processing, marketing and sale of organic and
and municipal solid waste management plans; designated recyclable material generated in each local government unit; and

(f) Develop a model provincial, city and municipal solid waste management plan that (t) Study and review of the following:
will establish prototypes of the content and format which provinces, cities and
municipalities may use in meeting the requirements of the National Solid Waste (i) Standards, criteria and guidelines for promulgation and implementation
Management Framework; of an integrated national solid waste management framework; and

(g) Adopt a program to provide technical and other capability building assistance and (ii) Criteria and guidelines for siting, design, operation and maintenance of
support to local government units in the development and implementation of source solid waste management facilities.
reduction programs;
Section 6. Meetings - The Commission shall meet at least once a month. The presence of at
(h) Develop and implement a program to assist local government units in the least a majority of the members shall constitute a quorum. The chairman, or in his absence the
identification of markets for materials that are diverted from disposal facilities through vice-chairman, shall be the presiding officer. In the absence of the heads of the agencies
re-use, recycling, and composting, and other environment-friendly methods; mentioned in Sec. 4 of this Act, they may designate permanent representatives to attend the
meetings.

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Provided, That representatives from the NGOs, recycling and manufacturing or packaging
Section 9. Visitorial Powers of the Department. - The Department or its duly authorized industries shall be selected through a process designed by themselves and shall be endorsed by
representative shall have access to, and the right to copy therefrom, the records required to be the government agency of representatives of the Board: Provided, further, that in the Province
maintained pursuant to the provisions of this Act. The Secretary or the duly authorized of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable
representative shall likewise have the right to enter the premises of any generator, recycler or Development, pursuant to Republic Act No. 7611.
manufacturer, or other facilities any time to question any employee or investigate any fact,
condition or matter which may be necessary to determine any violation, or which may aid in the In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its
effective enforcement of this Act and its implementing rules and regulations. This Section shall members shall include:
not apply to private dwelling places unless the visitorial power is otherwise judicially authorized.
(i) all mayors of its component cities and municipalities;
Section 10. Role of LGUs in Solid Waste Management - Pursuant to the relevant
provisions of R.A. No. 7160, otherwise known as the Local government code, the LGUs shall be (ii) a representative from the NGO sector whose principal purpose is to promote
primarily responsible for the implementation and enforcement of the provisions of this Act within recycling and the protection of air and water quality;
their respective jurisdictions.
(iii) a representative from the recycling industry; and
Segregation and collection of solid waste shall be conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes: Provided, That the collection of non- (iv) a representative from the manufacturing or packaging industry.
recyclable materials and special wastes shall be the responsibility of the municipality or city.
The Board may, from time to time, call on any other concerned agencies or sectors as it may
Section 11. Provincial Solid Waste Management Board - A Provincial Solid Waste deem necessary.
Management board shall be established in every province, to be chaired by the governor. Its
members shall include: Provided, That representatives from the NGOs, recycling and manufacturing or packaging
industries shall be selected through a process designed by themselves and shall be endorsed by
(a) All the mayors of its component cities and municipalities; the government agency representatives of the Board.

(b) One (1) representative from the Sangguniang Panlalawigan to be represented by The Provincial Solid Waste Management Board shall have the following functions and
the chairperson of either the Committees on Environment or Health or their equivalent responsibilities:
committees, to be nominated by the presiding officer;
(1) Develop a provincial solid waste management plan from the submitted solid waste
(c) The provincial health and/or general services officers, whichever may be management plans of the respective city and municipal solid waste management
recommended by the governor; boards herein created. It shall review and integrate the submitted plans of all its
component cities and municipalities and ensure that the various plan complement
(d) The provincial environment and natural resources officer; each other, and have the requisite components. The Provincial Solid Waste
Management Plan shall be submitted to the Commission for approval.
(e) The provincial engineer;
The Provincial Plans shall reflect the general program of action and initiatives of the
(f) Congressional representatives from each congressional district within the province; provincial government and implementing a solid waste management program that
would support the various initiatives of its component cities and municipalities.
(g) A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality; (2) Provide the necessary logistical and operational support to its component cities
and municipalities in consonance with subsection (f) of Sec.17 of the Local
(h) A representative from the recycling industry; Government Code;

(i) A representative from the manufacturing or packaging industry; and (3) Recommend measures and safeguards against pollution and for the preservation
of the natural ecosystem;
(j) A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the board. (4) Recommend measures to generate resources, funding and implementation of
project and activities as specified in the duly approved solid waste management plans;
The Provincial Solid Waste Management Board may, from time to time, call on any other
concerned agencies or sectors as it may deem necessary.

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(5) Identify areas within its jurisdiction which have common solid waste management g) A representative of each concerned government agency possessing relevant
problems and are appropriate units are planning local solid waste management technical and marketing expertise as may be determined by the Board.
services in accordance with Section 41 hereof;
The City or Municipal Solid Waste Management Board may, from time to time, call on any
(6) Coordinate the efforts of the component cities and municipalities in the concerned agencies or sectors as it may deem necessary.
implementation of the Provincial Solid Waste Management Plan;
Provided, That representatives from NGOs, recycling and manufacturing or packaging industries
(7) Develop an appropriate incentive scheme as an integral component of the shall be selected through a process designed by themselves and shall be endorsed by the
Provincial Solid Waste Management Plan; government agency representatives of the Board.

(8) Convene joint meetings of the provincial, city and municipal solid waste The City and Municipal Solid Waste Management Boards shall have the following duties and
management boards at least every quarter for purposes of integrating, synchronizing, responsibilities:
monitoring and evaluating the development and implementation of its provincial solid
waste management plan; (1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the
long-term management of solid waste, as well as integrate the various solid waste
(9) Represent any of its component city or municipality in coordinating its resource management plans and strategies of the barangays in its area of jurisdiction. In the
and operational requirements with agencies of the national government; development of the Solid Waste Management Plan, it shall conduct consultations with
the various sectors of the community;
(10) Oversee the implementation of the Provincial Solid Waste Management Plant;
(2) Adopt measures to promote and ensure the viability and effective implementation
(11) Review every two (2) years or as the need arises the Provincial Solid Waste of solid waste management programs in its component barangays;
Management Plan for purposes of ensuring its sustainability, viability, effectiveness
and relevance in relation to local and international development in the field of solid (3) Monitor the implementation of the City or Municipal Solid Waste Management Plan
waste management; and through its various political subdivisions and in cooperation with the private sector and
the NGOs;
(12) Allow for the clustering of LGUs for the solution of common solid waste
management problems. (4) Adopt specific revenue-generating measures to promote the viability of its Solid
Waste Management Plan;
Section 12. City and Municipal Solid Waste Management Board - Each city or
municipality shall form a City or Municipal Waste Management Board that shall prepare, submit (5) Convene regular meetings for purposes of planning and coordinating the
and implement a plan for the safe and sanitary management of solid waste generated in areas implementation of the solid waste management plans of the respective component
under in geographic and political coverage. barangays;

The City or Municipal Solid Waste Management Board shall be composed of the city or municipal (6) Oversee the implementation of the City or Municipal Solid Waste Management
mayor as head with the following as members: Plan;

a) One (1) representative of Sangguniang Panlungsod or the Sangguniang Bayan, (7) Review every two (2) years or as the need arises the City or Municipal Solid Waste
preferably chairpersons of either the Committees on Environment or Health, who will Management Plan for purposes of ensuring its sustainability, viability, effectiveness
be designated by the presiding officer; and relevance in relation to local and international developments in the field of solid
waste management;
b) President of the Association of Barangay Councils in the municipality or city;
(8) Develop the specific mechanics and guidelines for the implementation of the City
c) Chairperson of the Sangguniang Kabataan Federation; or Municipal Solid Waste Management Plan;

d) A representative from NGOs whose principal purpose is to promote recycling and (9) Recommended to appropriate local government authorities specific measures or
the protection of air and water quality; proposals for franchise or build-operate-transfer agreements with duly recognized
institutions, pursuant to R.A.6957, to provide either exclusive or non-exclusive
e) A representative from the recycling industry; authority for the collection, transfer, storage, processing, recycling or disposal of
municipal solid waste. The proposals shall take into consideration appropriate
f) A representative from the manufacturing or packaging industry; and government rules and regulations on contracts, franchise and build-operate-transfer
agreements;

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indicate as well, the proposed sites for disposal and other solid waste
(10) Provide the necessary logistical and operational support to its component cities facilities;
and municipalities in consonance with subsection (f) of Sec. 17 of the Local
Government Code; (3) Estimated solid waste generation and projection by source, such as
residential, market, commercial, industrial, construction/ demolition, street
(11) Recommended measures and safeguards against pollution and for the waste,agricultural, agro-industrial, institutional, other waste; and
preservation of the natural ecosystem; and
(4) Inventory of existing waste disposal and other solid waste facilities and
(12) Coordinates the efforts of its components barangays in the implementation of the capacities.
city or municipal Solid Waste Management Plan.
(b) Waste characterization - For the initial source reduction and recycling element of a
COMPREHENSIVE SOLID WASTE MANAGEMENT local waste management plan, the LGU waste characterization component shall
identify the constituent materials which comprise the solid waste generated within the
Section 16. Local Government Solid Waste Management Plans - The province, city or jurisdiction of the LGU. The information shall be representative of the solid waste
municipality, through its local solid waste management boards, shall prepare its respective 10- generated and disposed of within the area. The constituent materials shall be
year solid waste management plans consistent with the national solid waste management identified by volume, percentage in weight or its volumetric equivalent, material type,
framework: Provided, That the waste management plan shall be for the re-use, recycling and and source of generation which includes residential, commercial, industrial,
composting of wastes generated in their respective jurisdictions: Provided, further, That the governmental, or other materials. Future revisions of waste characterization studies
solid waste management plan of the LGU shall ensure the efficient management of solid waste shall identify the constituent materials which comprise the solid waste disposed of at
generated within its jurisdiction. The plan shall place primary emphasis on implementation of all permitted disposal facilities.
feasible re-use, recycling, and composting programs while identifying the amount of landfill and
transformation capacity that will be needed for solid waste which cannot be re-used, recycled, (c) Collection and Transfer - The plan shall take into account the geographic
or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a subdivisions to define the coverage of the solid waste collection area in every
timetable for the implementation of the solid waste management program in accordance with barangay. The barangay shall be responsible for ensuring that a 100% collection
the National Framework and pursuant to the provisions of this Act: Provided, finally, That it shall efficiency from residential, commercial, industrial and agricultural sources, where
be reviewed and updated every year by the provincial, city or municipal solid waste necessary within its area of coverage, is achieved. Toward this end, the plan shall
management board. define and identify the specific strategies and activities to be undertaken by its
component barangays, taking into account the following concerns:
For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of
this Act, but are unable to utilize such alternatives, a timetable or schedule of compliance (1) Availability and provision of properly designed containers or receptacles
specifying the remedial measure and eventual compliance shall be included in the plan. in selected collection points for the temporary storage of solid waste while
awaiting collection and transfer to processing sites or to final disposal sites;
All local government solid waste management plans shall be subjected to the approval of the
Commission. The plan shall be consistent with the national framework and in accordance with (2) Segregation of different types of solid waste for re-use, recycling and
the provisions of this Act and of the policies set by the Commission; Provided, That in the composting;
province of Palawan, the local government solid waste management plan shall be approved by
the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611. (3) Hauling and transfer of solid waste from source or collection points to
processing sites or final disposal sites;
Section 17. The Components of the Local Government Solid Waste Management Plan
- The solid waste management plan shall include, but not limited to, the following components: (4) Issuance and enforcement of ordinances to effectively implement a
collection system in the barangay; and
(a) City or Municipal Profile - The plan shall indicate the following background
information on the city or municipality and its component barangays, covering (5) Provision of properly trained officers and workers to handle solid waste
important highlights of the distinct geographic and other conditions: disposal.

(1) Estimated population of each barangay within the city or municipality The plan shall define and specify the methods and systems for the transfer of solid waste from
and population project for a 10-year period; specific collection points to solid waste management facilities.

(2) Illustration or map of the city/municipality, indicating locations of (d) Processing - The Plan shall define the methods and the facilities required to
residential, commercial, and industrial centers, and agricultural area, as well process the solid waste, including the use of intermediate treatment facilities for
as dump, landfills and other solid waste facilities. The illustration shall composting, recycling, conversion and other waste processing systems. Other

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appropriate waste processing technologies may also be considered provided that such (2) The methods for determining the categories of solid wastes to be
technologies conform with internationally-acceptable and other standards set in other diverted from disposal at a disposal facility through recycling; and
standards set in other laws and regulations.
(3) New facilities and expansion of existing facilities needed to implement
(e) Source reduction - The source reduction component shall include a program and the recycling component.
implementation schedule which shows the methods by which the LGU will, in
combination with the recycling and composting components, reduce a sufficient The LGU recycling component shall described methods for developing the markets for recycled
amount of solid waste disposed of in accordance with the diversion requirements of materials, including, but not limited to, an evaluation of the feasibility of procurement
Sec. 20. preferences for the purchase of recycled products. Each LGU may determine and grant a price
preference to encourage the purchase of recycled products.
The source reduction component shall describe the following:
The five-year strategy for collecting, processing, marketing and selling the designated recyclable
(1) strategies in reducing the volume of solid waste generated at source; materials shall take into account persons engaged in the business of recycling or persons
otherwise providing recycling services before the effectivity of this Act. Such strategy may be
(2) measures for implementing such strategies and the resources necessary base upon the results of the waste composition analysis performed pursuant to this Section or
to carry out such activities; information obtained in the course of past collection of solid waste by the local government unit,
and may include recommendations with respect to increasing the number of materials
(3) other appropriate waste reduction technologies that may also be designated for recycling pursuant to this Act.
considered, provided that such technologies conform with the standards set The LGU recycling component shall evaluate industrial, commercial, residential, agricultural,
pursuant to this Act; governmental and other curbside, mobile, drop-off and buy-back recycling programs, manual
and automated materials recovery facilities, zoning, building code changes and rate structures
(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act; which encourage recycling of materials. The Solid Waste Management Plan shall indicate the
specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this
(5) the methods that the LGU will use to determine the categories of solid Act.
wastes to be diverted from disposal at a disposal facility through re-use,
recycling and composting; and Recommended revisions to the building ordinances, requiring newly-constructed buildings and
buildings undergoing specified alterations to contain storage space, devices or mechanisms that
(6) new facilities and expansion of existing facilities which will be needed to facilitate source separation and storage of designated recyclable materials to enable the local
implement re-use, recycling and composting. government unit to efficiently collect, process, market and sell the designated materials. Such
recommendations shall include, but shall not be limited to separate chutes to facilitate source
The LGU source reduction component shall include the evaluation and identification of rate separation in multi-family dwellings, storage areas that conform to fire and safety code
structures and fees for the purpose of reducing the amount of waste generated, an other source regulations, and specialized storage containers.
reduction strategies, including but not limited to, programs and economic incentives provided
under Sec. 46 of this Act to reduce the use of non-recyclable materials, replace disposable The Solid Waste Management Plan shall indicate the specific measures to be undertaken to
materials and products with reusable materials and products, reduce packaging, and increase meet the recycling goals pursuant to the objectives of this Act.
the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste
reduction activities of the community shall also take into account, among others, local capability, (g) Composting - The composting component shall include a program and
economic viability, technical requirements, social concerns' disposition of residual waste and implementation schedule which shows the methods by which the LGU shall, in
environmental impact: Provided, That, projection of future facilities needed and estimated cost combination with the source reduction and recycling components, reduce a sufficient
shall be incorporated in the plan. amount of solid waste disposed of within its jurisdiction to comply with the diversion
requirements of Sec. 20 hereof.
(f) Recycling - The recycling component shall include a program and implementation
schedule which shows the methods by which the LGU shall, in combination with The LGU composting component shall describe the following:
source reduction and composting components, reduce a sufficient amount of solid
waste disposed of in accordance with the diversion requirements set in Sec .20. (1) The types of materials which will be composted under the programs;

The LGU recycling component shall describe the following: (2) The methods for determining the categories of solid wastes to be
diverted from disposal at a disposal facility through composting; and
(1) The types of materials to be recycled under the programs;
(3) New facilities, and expansion of existing facilities needed to implement
the composting component.

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(j) Special Waste - The special waste component shall include existing waste handling
The LGU composting component shall describe methods for developing the markets for and disposal practices for special wastes or household hazardous wastes, and the
composted materials, including, but not limited to, an evaluation of the feasibility of identification of current and proposed programs to ensure the proper handling, re-
procurement preferences for the purchase of composted products. Each LGU may determine use, and long-term disposal of special wastes;
and grant a price preference to encourage the purchase of composted products.
(k) Resource requirement and funding - The funding component includes identification
(h) Solid waste facility capacity and final disposal - The solid waste facility component and description of project costs, revenues, and revenue sources the LGU will use to
shall include, but shall not be limited to, a projection of the amount of disposal implement all components of the LGU solid waste management plan;
capacity needed to accommodate the solid waste generated, reduced by the
following: The plan shall likewise indicate specific projects, activities, equipment and
technological requirements for which outside sourcing of funds or materials may be
(1) Implementation of source reduction, recycling and composting programs necessary to carry out the specific components of the plan. It shall define the specific
required in this Section or through implementation of other waste diversion uses for its resource requirement s and indicate its costs. The plan shall likewise
activities pursuant to Sec. 20 of this Act; indicate how the province, city or municipality intends to generate the funds for the
acquisition of its resource requirements. It shall also indicate if certain resource
(2) Any permitted disposal facility which will be available during the 10-year requirements are being or will be sourced from fees, grants, donations, local funding
planning period; and and other means. This will serve as basis for the determination and assessment of
incentives which may be extended to the province, city or municipality as provided for
(3) All disposal capacity which has been secured through an agreement with in Sec. 45 of this Act.
another LGU, or through an agreement with a solid waste enterprise.
(l) Privatization of solid waste management projects - The plan shall likewise indicate
The plan shall identify existing and proposed disposal sites and waste management facilities in specific measures to promote the participation of the private sector in the
the city or municipality or in other areas. The plan shall specify the strategies for the efficient management of solid wastes, particularly in the generation and development of the
disposal of waste through existing disposal facilities and the identification of prospective sites for essential technologies for solid waste management. Specific projects or component
future use. The selection and development of disposal sites shall be made on the basis of activities of the plan which may be offered as private sector investment activity shall
internationally accepted standards and on the guidelines set in Sec. 41 and 42 of this Act. be identified and promoted as such. Appropriate incentives for private sector
involvement in solid waste management shall likewise be established and provided for
Strategies shall be included to improve said existing sites to reduce adverse impact on health in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and
and the environment, and to extent life span and capacity. The plan shall clearly define regulations; and
projections for future disposal site requirements and the estimated cost for these efforts.
(m) Incentive programs - A program providing for incentives, cash or otherwise,
Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing which shall encourage the participation of concerned sectors shall likewise be included
within the city or municipality, the plan shall make provisions for its closure or eventual phase in the plan.
out within the period specified under the framework and pursuant to the provisions under Sec.
37 of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final Section 20. Establishing Mandatory Solid Waste Diversion - Each LGU plan shall include
disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of an implementation schedule which shows that within five (5) years after the effectivity of this
municipality and/or cities. Sanitary landfills shall be designed and operated in accordance with Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-
the guidelines set under Secs. 40 and 41 of this Act. use, recycling and composting activities and other resource recovery activities; Provided, That
the waste diversion goals shall be increased every three (3) years thereafter; Provided, further,
(i) Education and public information - The education and public information That nothing in this Section prohibits a local government unit from implementing re-use,
component shall describe how the LGU will educate and inform its citizens about the recycling, and composting activities designed to exceed the goal.
source reduction, recycling and composting programs.
SEGREGATION OF WASTES
The plan shall make provisions to ensure that information on waste collection services, solid
waste management and related health and environmental concerns are widely disseminated Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall evaluate alternative
among the public. This shall be undertaken through the print and broadcast media and other roles for the public and private sectors in providing collection services, type of collection system,
government agencies in the municipality. The DECS and the Commission on Higher Education or combination of systems, that best meet their needs: Provided, That segregation of wastes
shall ensure that waste management shall be incorporated in the curriculum of primary, shall primarily be conducted at the source, to include household, institutional, industrial,
secondary and college students. commercial and agricultural sources: Provided, further; That wastes shall be segregated into the
categories provided in Sec. 22 of this Act.

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For premises containing six (6) or more residential units, the local government unit shall Section 25. Guidelines for Transfer Stations - Transfer stations shall be designed and
promulgate regulations requiring the owner or person in charge of such premises to: operated for efficient waste handling capacity and in compliance with environmental standards
and guidelines set pursuant to this Act and other regulations: Provided, That no waste shall be
(a) provide for the residents a designated area and containers in which to accumulate stored in such station beyond twenty-four (24) hours.
source separated recyclable materials to be collected by the municipality or private
center; and The siting of the transfer station shall consider the land use plan, proximity to collection area,
and accessibility of haul routes to disposal facility. The design shall give primary consideration to
(b) notify the occupants of each buildings of the requirements of this Act and the size and space sufficiency in order to accommodate the waste for storage and vehicles for
regulations promulgated pursuant thereto. loading and unloading of wastes.

Section 22. Requirements for the Segregation and Storage of Solid Waste - The RECYCLING PROGRAM
following shall be the minimum standards and requirements for segregation and storage of solid
waste pending collection: Section 27. Requirement for Eco-Labeling - The DTI shall formulate and implement a
coding system for packaging materials and products to facilitate waste and recycling and re-use.
(a) There shall be a separate container for each type of waste from all sources:
Provided, That in the case of bulky waste, it will suffice that the same be collected Section 29. Non-Environmentally Acceptable Products - Within one (1) year from the
and placed in a separate designated area; and effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of
nonenvironmentally acceptable products as defined in this Act that shall be prohibited according
(b) The solid waste container depending on its use shall be properly marked or to a schedule that shall be prepared by the Commission: Provided, however, That non-
identified for on-site collection as "compostable", "non-recyclable", "recyclable" or environmentally acceptable products shall not be prohibited unless the Commission first finds
"special waste", or any other classification as may be determined by the Commission. that there are alternatives available which are available to consumers at no more than ten
percent (10%) greater cost than the disposable product.
COLLECTION AND TRANSPORT OF SOLID WASTE
Notwithstanding any other provisions to the contrary, this section shall not apply to:
Section 23. Requirements for Collection of Solid Wastes - The following shall be the
minimum standards and requirements for the collection of solid waste: (a) Packaging used at hospitals, nursing homes or other medical facilities; and

(a) All collectors and other personnel directly dealing with collection of solid waste (b) Any packaging which is not environmentally acceptable, but for which there is no
shall be equipped with personal protective equipment to protect them from the commercially available alternatives as determined by the Commission.
hazards of handling wastes;
The Commission shall annually review and update the list of prohibited non-environmentally
(b) Necessary training shall be given to the collectors and personnel to ensure that acceptable products.
the solid wastes are handled properly and in accordance with the guidelines pursuant
to this Act; and Section 30. Prohibition on the Use of Non-Environmentally Acceptable Packaging -
No person owning, operating or conducting a commercial establishment in the country shall sell
(c) Collection of solid waste shall be done in a manner which prevents damage to the or convey at retail or possess with the intent to sell or convey at retail any products that are
container and spillage or scattering of solid waste within the collection vicinity. placed, wrapped or packaged in or on packaging which is not environmentally acceptable
packaging: Provided, That the Commission shall determine a phaseout period after proper
Section 24. Requirements for the Transport of Solid Waste - The use of separate consultation and hearing with the stakeholders or with the sectors concerned. The presence in
collection schedules and/or separate trucks or haulers shall be required for specific types of the commercial establishment of non-environmentally acceptable packaging shall constitute a
wastes. Otherwise, vehicles used for the collection and transport of solid wastes shall have the rebuttable presumption of intent to sell or convey the same at retail to customers.
appropriate compartments to facilitate efficient storing of sorted wastes while in transit.
Any person who is a manufacturer, broker or warehouse operator engaging in the distribution or
Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and transportation of commercial products within the country shall file a report with the concerned
efficient collection and transport of solid wastes. local government within one (1) year from the effectivity of this Act, and annually thereafter, a
listing of any products in packaging which is not environmentally acceptable. The Commission
The waste compartment shall have a cover to ensure the containment of solid wastes while in shall prescribe the form of such report in its regulations.
transit.
A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or
For the purpose of identification, vehicles shall bear the body number, the name, and the non-renewal of any license for the establishment in which the violation occurs.
telephone number of the contractor/agency collecting solid waste.

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Section 32. Establishment of LGU Materials Recovery Facility. - There shall be (h) Operating plans must include provisions for coordinating with recycling and
established a Materials Recovery Facility (MRF) in every barangay or cluster of barangays. The resource recovery projects; and
facility shall be established in a barangay-owned or -leased land or any suitable open space to
be determined by the barangay through its Sanggunian. For this purpose, the barangay or (i) Designation of a separate containment area for household hazardous wastes.
cluster of barangays shall allocate a certain parcel of land for the MRF. The MRF shall receive
mixed waste for final sorting, segregation, composting, and recycling. The resulting residual Section 41. Criteria for Establishment of Sanitary Landfill - The following shall be the
wastes shall be transferred to a long term storage or disposal facility or sanitary landfill. minimum criteria for the establishment of sanitary landfills:

COMPOSTING (a) Liners - a system of clay layers and/or geosynthethic membranes used to contain
leachate and reduce or prevent contaminant flow to groundwater;
Section 34. Inventory of Markets of Composts - Within six (6) months after the effectivity
of this Act, the DA shall publish an inventory of existing markets and demands for composts. (b) Leachate collection and treatment system - installation of pipes at the low areas of
Said inventory shall thereafter be updated and published annually: Provided, That the the liner to collect leachate for storage and eventual treatment and discharge;
composting of agricultural wastes and other compostable materials, including but not limited to
garden wastes, shall be encouraged. (c) Gas control and recovery system - a series of vertical wells or horizontal trenches
containing permeable materials and perforated piping placed in the landfill to collect
WASTE MANAGEMENT FACILITIES gas for treatment or productive use as an energy source;

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste - No open (d) Groundwater monitoring well system - wells placed at an appropriate location and
dumps shall be established and operated, nor any practice or disposal of solid waste by any depth for taking water that are representative of ground water quality;
person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed
after the effectivity of this Acts: Provided, That within three (3) years after the effectivity of this (e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to
Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the protect the waste from long-term contact with the environment:
guidelines set in Sec. 41 of this Act: Provided, further, That no controlled dumps shall be
allowed five (5) years following the effectivity of this Act. (i) a daily cover placed over the waste at the close of each day's operations, and;

Section 40. Criteria for Siting a Sanitary Landfill - The following shall be the minimum (ii) a final cover, or cap, which is the material placed over the completed landfill to
criteria for the siting of sanitary landfills: control infiltration of water, gas emission to the atmosphere, and erosion.

(a) The site selected must be consistent with the overall land use plan of the LGU; (f) Closure procedure with the objectives of establishing low maintenance cover
systems and final cover that minimizes the infiltration of precipitation into the waste.
(b) The site must be accessible from major roadways or thoroughfares; Installation of the final cover must be completed within six (6) months of the last
receipt of waste;
(c) The site should have an adequate quantity of earth cover material that is easily
handled and compacted; (g) Post-closure care procedure - During this period, the landfill owner shall be
responsible for providing for the general upkeep of the landfill, maintaining all of the
(d) The site must be chosen with regard for the sensitivities of the community's landfill's environmental protection features, operating monitoring equipment,
residents; remediating groundwater should it become contaminated and controlling landfill gas
migration or emission.
(e) The site must be located in an area where the landfill's operation will not
detrimentally affect environmentally sensitive resources such as aquifer, groundwater LOCAL GOVERNMENT SOLID WASTE MANAGEMENT
reservoir or watershed area;
Section 44. Establishment of Common Waste Treatment and Disposal Facilities -
(f) The site should be large enough to accommodate the community's wastes for a Pursuant to Sec. 33 of R.A.7160, otherwise known as the Local Government Code, all provinces,
period of five (5) years during which people must internalize the value of cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to
environmentally sound and sustainable solid waste disposal; consolidate, or coordinate their efforts, services, and resources for purposes of jointly
addressing common solid waste management problems and/or establishing common waste
(g) The site chosen should facilitate developing a landfill that will satisfy budgetary disposal facilities.
constraints, including site development, operation for many years, closure, post-
closure care and possible remediation costs; The Department, the Commission and local solid waste management boards shall provide
technical and marketing assistance to the LGUs.
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INCENTIVES from all internal revenue taxes and customs duties, and shall be deductible in full from
the gross income of the donor for income tax purposes.
Section 45. Incentives. -
(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under
(a) Rewards, monetary or otherwise, shall be provided to individuals, private this Act shall also be entitled to applicable non-fiscal incentives provided for under E.O. 226,
organizations and entitles, including non-government organizations, that have otherwise known as the Omnibus Investments Code.
undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in re-use, recycling and reduction. Said rewards shall be The Commission shall provide incentives to businesses and industries that are engaged in the
sourced from the Fund herein created. recycling of wastes and which are registered with the Commission and have been issued ECCs in
accordance with the guidelines established by the Commission. Such incentives shall include
(b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, simplified procedures for the importation of equipment, spare parts, new materials, and
enterprises, or private entities, including NGOs, to develop or undertake an effective supplies, and for the export of processed products.
solid waste management, or actively participate in any program geared towards the
promotion thereof as provided for in this Act. (3) Financial Assistance Program. - Government financial institutions such as the Development
Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Government Service Insurance
(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, otherwise known as the System (GSIS), and such other government institutions providing financial services shall, in
Omnibus Investments Code, the following tax incentives shall be granted: accordance with and to the extent allowed by the enabling provisions of their respective
charters or applicable laws, accord high priority to extend financial services to individuals,
(a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles - Within ten enterprises, or private entities engaged in solid waste management.
(10) years upon effectively of this Act, LGUs, enterprises or private entities shall enjoy
tax and duty free importation of machinery, equipment, vehicles and spare parts used (4) Extension of Grants to LGUs. - Provinces, cities and municipalities whose solid waste
for collection, transportation, segregation, recycling, re-use and composing of solid management plans have been duly approved by the Commission or who have been commended
wastes: Provided, That the importation of such machinery, equipment, vehicle and by the Commission for adopting innovative solid waste management programs may be entitled
spare parts shall comply with the following conditions: to receive grants for the purpose of developing their technical capacities toward actively
participating in the program for effectively and sustainable solid waste management.
(i) They are not manufactured domestically in sufficient quantity, of
comparable quality and at reasonable prices; (5) Incentives to Host LGUs. - Local government units who host common waste management
facilities shall be entitled to incentives.
(ii) They are reasonably needed and will be used actually, directly and
exclusively for the above mentioned activities; FINANCING SOLID WASTE MANAGEMENT

(iii) The approval of the Board of Investment (BOI) of the DTI for the Section 46. Solid Waste Management Fund - There is hereby created, as a special account
importation of such machinery, equipment, vehicle and spare parts. in the National Treasury, a Solid Waste Management Fund to be administered by the
Commission. Such fund shall be sourced from the following:
Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle
and spare parts, without prior approval of the (BOI), within five (5) years from the date of (a) Fines and penalties imposed, proceeds of permits and licenses issued by the
acquisition shall be prohibited, otherwise, the LGU concerned, enterprise or private entities and Department under this Act, donations, endowments, grants and contributions from
the vendee, transferee, or assignee shall be solidarily liable to pay twice the amount of tax and domestic and foreign sources; and
duty exemption given it.
(b) Amounts specifically appropriated for the Fund under the annual General
(b) Tax Credit on Domestic Equipment - Within ten (10) years from the effectivity of Appropriations Act;
this Act, a tax credit equivalent to 50% of the value of the national internal revenue
taxes and customs duties that would have been waived on the machinery, equipment, The Fund shall be used to finance the following:
vehicle and spare parts, had these items been imported shall be given to enterprises,
private entities, including NGOs, subject to the same conditions and prohibition cited (1) products, facilities, technologies and processes to enhance proper solid waste
in the preceding paragraph. management;

(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts and (2) awards and incentives;
donations to LGUs, enterprises or private entities, including NGOs, for the support and
maintenance of the program for effective solid waste management shall be exempt (3) research programs;

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(4) information, education, communication and monitoring activities;


(7) Unauthorized removal of recyclable material intended for collection by authorized
(5) technical assistance; and persons;

(6) capability building activities. (8) The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;
LGUs are entitled to avail of the Fund on the basis of their approved solid waste management
plan. Specific criteria for the availment of the Fund shall be prepared by the Commission. (9) Establishment or operation of open dumps as enjoined in this Act, or closure of
said dumps in violation of Sec. 37;
The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts
are committed in order to finance the solid waste management of said LGU. Such allocation shall (10) The manufacture, distribution or use of non-environmentally acceptable
be based on a sharing scheme between the Fund and the LGU concerned. packaging materials;

In no case, however, shall the Fund be used for the creation of positions or payment of salaries (11) Importation of consumer products packaged in non-environmentally acceptable
and wages. materials;

Section 47. Authority to Collect Solid Waste Management Fees - The local government (12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable
unit shall impose fees in amounts sufficient to pay the costs of preparing, adopting, and content";
implementing a solid waste management plan prepared pursuant to this Act. The fees shall be
based on the following minimum factors: (13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under this Act;
(a) types of solid waste;
(14) Site preparation, construction, expansion or operation of waste management
(b) amount/volume of waste; and facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with the land use plan
(c) distance of the transfer station to the waste management facility. of the LGU;

The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In (15) The construction of any establishment within two hundred (200) meters from
determining the amounts of the fees, an LGU shall include only those costs directly related to open dumps or controlled dumps, or sanitary landfill; and
the adoption and implementation of the plan and the setting and collection of the local fees.
(16) The construction or operation of landfills or any waste disposal facility on any
PENAL PROVISIONS aquifer, groundwater reservoir, or watershed area and or any portions thereof.

Section 48. Prohibited Acts - The following acts are prohibited: MISCELLANEOUS PROVISIONS

(1) Littering, throwing, dumping of waste matters in public places, such as roads, Section 52. Citizens Suits - For the purposes of enforcing the provisions of this Act or its
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the implementing rules and regulations, any citizen may file an appropriate civil, criminal or
same; administrative action in the proper courts/bodies against:

(2) Undertaking activities or operating, collecting or transporting equipment in (a) Any person who violates or fails to comply with the provisions of this Act its
violation of sanitation operation and other requirements or permits set forth in implementing rules and regulations; or
established pursuant;
(b) The Department or other implementing agencies with respect to orders, rules and
(3) The open burning of solid waste; regulations issued inconsistent with this Act; and/or

(4) Causing or permitting the collection of non-segregated or unsorted wastes; (c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations; or
(5) Squatting in open dumps and landfills; abuses his authority in the performance of his duty; or, in any many improperly
performs his duties under this Act or its implementing rules and regulations; Provided,
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood however, That no suit can be filed until after thirty-day (30) notice has been given to
prone areas;

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the public officer and the alleged violator concerned and no appropriate action has Republic Act No. 8550 (as amended by R.A 10654)
been taken thereon. February 25, 1998
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
The Court shall exempt such action from the payment of filing fees and statements likewise, FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND
upon prima facie showing of the non-enforcement or violation complained of, exempt the FOR OTHER PURPOSES
plaintiff from the filing of an injunction bond for the issuance of preliminary injunction.
(NOTE: *per RA10654 means that this provision is not found in RA 8550; *as amended by RA
In the event that the citizen should prevail, the Court shall award reasonable attorney's fees, 10654 means that this is found in the old law but was already amended by RA10654)
moral damages and litigation costs as appropriate.
Section 2. Declaration of Policy. - It is hereby declared the policy of the State:
Section 53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and
the Enforcement of this Act - Where a suit is brought against a person who filed an action as (a) to achieve food security as the overriding consideration in the utilization,
provided in Sec. 52 of this Act, or against any person, institution or government agency that management, development, conservation and protection of fishery resources in order
implements this Act, it shall be the duty of the investigating prosecutor or the Court, as the case to provide the food needs of the population. A flexible policy towards the attainment
may be, to immediately make a determination not exceeding thirty (30) days whether said legal of food security shall be adopted in response to changes in demographic trends for
action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the fish, emerging trends in the trade of fish and other aquatic products in domestic and
person complaining of or enforcing the provisions of this Act. Upon determination thereof, international markets, and the law of supply and demand;
evidence warranting the same, the Court shall dismiss the complaint and award the attorney's
fees and double damages. (b) to limit access to the fishery and aquatic resources of the Philippines for the
exclusive use and enjoyment of Filipino citizens;
This provision shall also apply and benefit public officers who are sued for acts committed in
their official capacity, there being no grave abuse of authority, and done in the course of (c) To ensure the rational and sustainable development, management and
enforcing this Act. conservation of the fishery and aquatic resources in Philippine waters including the
Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the
primordial objective of maintaining a sound ecological balance, protecting and
enhancing the quality of the environment. The Philippines shall pursue its commitment
to international conventions and cooperate with other states and international bodies,
in order to conserve and manage threatened , aquatic species, straddling and highly
migratory fish stocks and other living marine resources (as amended by RA 10654);

(d) to protect the rights of fisherfolk, especially of the local communities with priority
to municipal fisherfolk, in the preferential use of the municipal waters. Such
preferential use, shall be based on, but not limited to, Maximum Sustainable Yield
(MSY) or Total Allowable Catch (TAC) on the basis of resources and ecological
conditions, and shall be consistent with our commitments under international treaties
and agreements;

(e) to provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and research,
adequate financial, production, construction of post-harvest facilities, marketing
assistance, and other services. The protection of municipal fisherfolk against foreign
intrusion shall extend to offshore fishing grounds. Fishworkers shall receive a just
share for their labor in the utilization of marine and fishery resources;

(f) To adopt the precautionary principle and manage fishery and aquatic
resources, in a manner consistent with the concept of an ecosystem-based approach
to fisheries management and integrated coastal area management in specific natural
fishery management areas, appropriately supported by research, technical services
and guidance provided by the State (as amended by RA 10654); and

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(g) to grant the private sector the privilege to utilize fishery resources under the basic
concept that the grantee, licensee or permittee thereof shall not only be a privileged Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3.
beneficiary of the State but also active participant and partner of the Government in gross tons or less, or fishing not requiring the use of fishing vessels.
the sustainable development, management, conservation and protection of the fishery
and aquatic resources of the country. Commercial Fishing - the taking of fishery species by passive or active gear for trade,
business & profit beyond subsistence or sports fishing, to be further classified as:
The state shall ensure the attainment of the following objectives of the fishery sector:
(1) Small scale commercial fishing - fishing with passive or active gear utilizing fishing
1. Conservation, protection and sustained management of the country's fishery and vessels of 3.1 gross tons (GT) up to twenty (20) GT;
aquatic resources;
(2) Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1
2. Poverty alleviation and the provision of supplementary livelihood among municipal GT up to one hundred fifty (150) GT; and
fisherfolk;
(3) Large commercial fishing - fishing utilizing active gears and vessels of more than
3. Improvement of productivity of aquaculture within ecological limits; one hundred fifty (150) GT.

4. Optimal utilization of offshore and deep-sea resources; and Community Service means any service or activity that is performed for the benefit of the
community or its institutions in lieu of payment of fine imposed as administrative or criminal
5. Upgrading of post-harvest technology. penalty (per RA 10654).

Section 3. Application of its Provisions. - The provisions of this Code shall be enforced in: Distant Water Fishing means fishing in the high seas or in waters of other states (per RA
10654).
(a) all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the countrys 200-nautical mile Exclusive Economic Fishing Gear refers to any instrument or device and its accessories utilized in taking fish and
Zone (EEZ) and continental shelf; other fishery species.

(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, (a) Active Fishing Gear is a fishing device characterized by the pursuit of the
including, but not limited to, fishponds, fish pens/cages; target species by towing, pushing the gears, surrounding, covering, dredging, and
scaring the target species to impoundments; such as, but not limited to, trawl, purse
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery, seines, Danish seines, paaling and drift gill net.
whether private or public lands; and
(b) Passive Fishing Gear is characterized by the absence of pursuit of the target
(d) all Philippine flagged fishing vessels operating in areas governed by a Regional species; such as, but not limited to, hook and line, fishpots, traps and gill nets set
Fisheries Management Organization (RFMO), in the high seas, or in waters of other across the path of the fish (as amended by RA 10654).
coastal states. (as amended by RA 10654).
Illegal Fishing means fishing activities conducted by Philippine fishing vessels operating in
Section 4. Definition of Terms. - As used in this Code, the following terms and phrases shall violation of Philippine laws, Regional Fisheries Management Organization resolutions, and laws
mean as follows: of other coastal states (per RA 10654).

Municipal waters - include not only streams, lakes, inland bodies of water and tidal waters Unreported Fishing refers to fishing activities which have not been reported, or have been
within the municipality which are not included within the protected areas as defined under misreported to the Department, in contravention of national laws and regulations of the
Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery Philippines, or undertaken in the area of competence of a relevant RFMO which have not been
reserves, but also marine waters included between two (2. lines drawn perpendicular to the reported or have been misreported, in contravention of the reporting procedures of that
general coastline from points where the boundary lines of the municipality touch the sea at low organization and further elaborated by regulations to be promulgated by the Department (per
tide and a third line parallel with the general coastline including offshore islands and fifteen (15. RA 10654).
kilometers from such coastline. Where two (2. municipalities are so situated on opposite shores
that there is less than thirty (30. kilometers of marine waters between them, the third line shall Unregulated Fishing refers to fishing activities conducted by:
be equally distant from opposite shore of the respective municipalities.
(a) Vessels without nationality but operated by Filipino and/or Filipino corporation;
Municipal fisherfolk - persons who are directly or indirectly engaged in municipal fishing and
other related fishing activities.

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(b) Philippine flagged fishing vessels operating in areas managed by RFMOs to which the concerned LGU and FARMC: Provided, further, That in municipal waters, fishery
the Philippines is not a party to; or management areas and other areas reserved for the use of the municipal fisherfolk, closed
season may be established by the concerned LGU in consultation with the FARMC for
(c) Philippine flagged fishing vessels operating in areas or fish stocks where there are conservation or ecological purposes. The FARMCs may also recommend the establishment of
no applicable conservation and management measures (per RA 10654). closed seasons in municipal waters, fisheries management and other areas reserved for the use
of the municipal fisherfolk.
Marine Protected Area means a defined area of the sea established and set aside by law,
administrative regulation, or any other effective means in order to conserve and protect a part Section 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk,
of or the entire enclosed environment through the establishment of management guidelines. It crustacean or aquatic plants shall be introduced in Philippine waters without a sound ecological,
is considered a generic term that includes all declared areas governed by specific rules or biological and environmental justification based on scientific studies subject to the bio-safety
guidelines in order to protect and manage activities within the enclosed area (per RA 10654). standard as provided for by existing laws: Provided, however, That the Department may
approve the introduction of foreign aquatic species for scientific/research purposes.
Migratory species - refers to any fishery species which in the course of their life could travel
from freshwater to marine water or vice versa, or any marine species which travel over great Section 11. Protection of Rare, Threatened and Endangered Species. - The Department
distances in waters of the ocean as part of their behavioral adaptation for survival and shall declare closed seasons and take conservation and rehabilitation measures for rare,
speciation: threatened and endangered species, as it may determine, and shall ban the fishing and/or
taking of rare, threatened and/or endangered species, including their eggs/offspring as
(a) Anadromous species - marine fishes which migrate to freshwater areas identified by existing laws in concurrence with concerned government agencies.
to spawn;
Section 12. Environmental Impact Statement (EIS). - All government agencies as well as
(b) Catadromous species - freshwater fishes which migrate to marine areas private corporations, firms and entities who intend to undertake activities or projects which will
to spawn. affect the quality of the environment shall be required to prepare a detailed Environmental
Impact Statement (EIS) prior to undertaking such development activity. The preparation of the
Regional Fisheries Management Organization (RFMO) means a multi-lateral EIS shall form an integral part of the entire planning process pursuant to the provisions of
organization with responsibility to coordinate management and establish conservation and Presidential Decree No. 1586 as well as its implementing rules and regulations.
management measures for highly migratory fish stocks, fish stocks that straddle national
fisheries management boundaries and other high seas species (per RA 10654). SEC. 14. Monitoring, Control and Surveillance (MCS) of Fishing in all Philippine
Waters and Philippine Flagged Distant Water Fishing Vessels. A monitoring, control
NOTE: PRECAUTIONARY PRINCIPLE IS NOT FOUND IN THE DEFINITION OF TERMS IN and surveillance system shall be established by the Department in coordination with LGUs,
RA8550; BUT IS FOUND ONLY IN RA 10654 IN DECLARATION OF POLICIES (F), please see FARMCs, the private sector and other agencies concerned to ensure that the fisheries and
above. aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a
sustainable basis and conserved for the benefit and enjoyment exclusively of Filipino citizens.
UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION The MCS system shall encompass all Philippine flagged fishing vessels regardless of fishing area
SYSTEM OF FISHERIES AND AQUATIC RESOURCES and final destination of catch (as amended by RA 10654).

SEC.8. Harvest Control Rules and Reference Points. The Secretary may establish MUNICIPAL FISHERIES
reference points and harvest control rules in a fishery management area or for a fishery:
Provided, however, That in municipal waters and fishery management areas, and waters under Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government
the jurisdiction of special agencies, Harvest Control Rules and Reference Points may be shall have jurisdiction over municipal waters as defined in this Code. The municipal/city
established upon the concurrence and approval or recommendation of such special agency and government, in consultation with the FARMC shall be responsible for the management,
the concerned LGU in consultation with the FARMC for conservation or ecological purposes (as conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic
amended by RA 10654). resources within their respective municipal waters.

Section 9. Establishment of Closed Season. - The Secretary may declare, through public The municipal/city government may, in consultation with the FARMC, enact appropriate
notice in at least two (2) newspapers of general circulation or in public service announcements, ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances
whichever is applicable, at least five (5) days before the declaration, a closed season in any or enacted by the municipality and component city shall be reviewed pursuant to Republic Act No.
all Philippine waters outside the boundary of municipal waters and in bays, for conservation and 7160 by the sanggunian of the province which has jurisdiction over the same.
ecological purposes. The Secretary may include waters under the jurisdiction of special
agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery
fisherfolk in the area to be covered by the closed season: Provided, however, That this shall be ordinances enacted by the municipal/city council.
done only upon the concurrence and approval or recommendation of such special agency and

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The management of contiguous fishery resources such as bays which straddle several Such list or registry shall be updated annually or as may be necessary, and shall be posted in
municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based barangay halls or other strategic locations where it shall be open to public inspection, for the
on political subdivisions of municipal waters in order to facilitate their management as single purpose of validating the correctness and completeness of the list. The LGU, in consultation with
resource systems. The LGUs which share or border such resources may group themselves and the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures
coordinate with each other to achieve the objectives of integrated fishery resource that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise
management. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) recommend such mechanisms.
established under Section 76 of this Code shall serve as the venues for close collaboration
among LGUs in the management of contiguous resources. 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 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered
fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights by the Section 20. Fisherfolk Organizations and/or Cooperatives. - Fisherfolk
Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That in organizations/cooperatives whose members are listed in the registry of municipal fisherfolk, may
areas where there are special agencies or offices vested with jurisdiction over municipal waters be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish
by virtue of special laws creating these agencies such as, but not limited to, the Laguna Lake farming: Provided, however, That an organization/cooperative member whose household is
Development Authority and the Palawan Council for Sustainable Development, said offices and already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights
agencies shall continue to grant permits for proper management and implementation of the granted to the organization or cooperative.
aforementioned structures.
Section 21. Priority of Resident Municipal Fisherfolk. - Resident municipal fisherfolk of
Section 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as the municipality concerned and their organizations/cooperatives shall have priority to exploit
defined in this Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations municipal and demarcated fishery areas of the said municipality.
who are listed as such in the registry of municipal fisherfolk.
Section 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery
The municipal or city government, however, may, through its local chief executive and acting rights to fishery organizations/cooperatives for mariculture operation in specific areas identified
pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing by the Department.
vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the
shoreline in municipal waters as defined herein, provided, that all the following are met: 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
(a) no commercial fishing in municipal waters with depth less than seven (7) fathoms or in danger of being overfished, and that there is a need to regenerate the fishery resources in
as certified by the appropriate agency; that water, the LGU shall prohibit or limit fishery activities in the said waters.

(b) fishing activities utilizing methods and gears that are determined to be consistent Section 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide
with national policies set by the Department; 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
(c) prior consultation, through public hearing, with the M/CFARMC has been additional/supplementary livelihood.
conducted; and
Section 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the
(d) the applicant vessel as well as the shipowner, employer, captain and crew have privileges accorded to other workers under the Labor Code, Social Security System and other
been certified by the appropriate agency as not having violated this Code, benefits under other laws or social legislation for workers: Provided, That fishworkers on board
environmental laws and related laws. any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor
Code, as amended.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as
determined by the Department to be in an environmentally critical condition and during closed COMMERCIAL FISHERIES
season as provided for in Section 9 of this Code.
Section 26. Commercial Fishing Vessel License and Other Licenses. - No person shall
Section 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research
municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of or educational purposes, or engage in any fishery activity, or seek employment as a fishworker
determining priorities among them, of limiting entry into the municipal waters, and of or pearl diver without first securing a license from the Department, the period of which shall be
monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall prescribed by the Department: Provided, That no such license shall be required of a fishing
submit to the LGU the list of priorities for its consideration. 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

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officials of the international agency under which said vessel operates: Provided, further, That and other clearances from the Department: Provided, further, That the fish caught by such
members of the crew of a fishing vessel used for commercial fishing except the duly licensed vessels shall be considered as caught in Philippine waters and therefore not subject to all import
and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as duties and taxes only when the same is landed in duly designated fish landings and fish ports in
fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to undertake the Philippines: Provided, furthermore, That landing ports established by canneries, seafood
an orientation training on detection of fish caught by illegal means before they can be issued processors and all fish landing sites established prior to the effectivity of this Code shall be
their fishworker licenses: Provided, finally, That the large commercial fishing vessels license considered authorized landing sites: Provided, finally, That fishworkers on board Philippine
herein authorized to be granted shall allow the licensee to operate only in Philippine waters registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic
seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject to the Zone are not considered as overseas Filipino workers.
conditions that may be stated therein and the rules and regulations that may be promulgated by
the Department. Distant water fishing vessels shall comply with the monitoring, control and surveillance
requirements, conservation and management measures, and fishing access conditions of the
Section 27. Persons Eligible for Commercial Fishing Vessel License. - No commercial Department, the RFMO, or other coastal states (as amended by RA 10654).
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 Section 33. Importation, Construction of New Fishing Vessels and Gears and
(60%) of the capital stock of which is owned by Filipino citizens. No person to whom a license Conversion of Other Vessels. Prior to the importation or the construction of new fishing
has been issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to vessels or gears, or the conversion into a fishing vessel, the approval/clearance of the
any person not qualified to hold a license. Any such transfer, sale or assignment shall be null Department must first be obtained in order to manage fishing capacity (as amended by RA
and void and shall not be registered in the books of the association, cooperative or corporation. 10654).

For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines, Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. -
partnerships, corporations, cooperatives or associations qualified under this section shall secure Municipal and small-scale commercial fisherfolk shall be granted incentives which shall include,
Certificates of Philippine Registry and such other documents as are necessary for fishing but are not limited to, the following:
operations from the concerned agencies: Provided, That the commercial fishing vessel license
shall be valid for a period to be determined by the Department. (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
Section 28. Commercial Fishing Vessel Registration. - The registration, documentation, for the purpose of enhancing our fisherfolk competitiveness by reducing post-harvest
inspection and manning of the operation of all types of fishing vessels plying Philippine waters losses. Qualified projects shall include, but shall not be limited to, ice plants, cold
shall be in accordance with laws, rules and regulations. storage, canning, warehouse, transport and other related infrastructure projects and
facilities; and
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 (b) the Department shall undertake the following programs:
fishing operations in Philippine waters, the fishing gear it will utilize in fishing shall be registered 1. a capability-building program for targeted parties shall be developed by the
and a license granted therefor. The Department shall promulgate guidelines to implement this Department to promote greater bankability and credit worthiness of municipal and
provision within sixty (60) days from approval of this Code. small-scale commercial fishers. Such program shall include organizing activities,
technology transfer, and skills training related to commercial fishing as well as credit
Section 30. Renewal of Commercial Fishing Vessel License. The commercial fishing management. Groups and cooperatives organized under the program shall have
vessel license shall be renewed every three (3) years. priority access over credit and guarantee funds established under this Code; and

The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of 2. an information campaign shall be conducted to promote the capability building and
the license within which to renew the same (as amended by RA 10654). credit programs. The campaign shall ensure greater information dissemination and
accessibility to targeted fisherfolk.
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 Section 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be
ten (10) days before its intended transfer to another person. Failure of the owner to do so shall provided with adequate medical supplies and life-saving devices to be determined by the
not extinguish any existing or pending sanction or liability with respect to said fishing vessel (as Occupational Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT or
amended by RA 10654). 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 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, Section 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily
manning and other requirements of the Philippine Coast Guard, Maritime Industry Authority and record offish catch and spoilage, landing points, and quantity and value of fish caught, and off-
other agencies concerned: Provided, however, That they secure a fishing permit, gear license loaded for transhipment, sale and/ or other disposal. Detailed information shall be duly certified

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by the vessels captain and transmitted to BFAR within the period prescribed in the outside municipal waters shall be constructed and operated only within fish pen and fish cage
implementing rules and regulations promulgated by the Department. Failure to comply shall belts designated by the Department and after corresponding licenses therefor have been
result to administrative and penal sanctions (as amended by RA 10654). secured and the fees thereof paid.

Section 44. Use of Superlight. The number and candle light power or intensity of superlight Section 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing pearl
and fishing light attractor used in commercial fishing vessels shall be regulated by the farm leases shall be respected and allowed to operate under the terms thereof. New leases may
Department: Provided, That the use of superlight is banned within municipal waters and bays. be granted to qualified persons who possess the necessary capital and technology, by the LGUs
The use of fishing light attractor in municipal waters shall be regulated by the local government having jurisdiction over the area.
units (as amended by RA 10654).
AQUACULTURE 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
Section 45. Disposition of Public Lands for Fishery Purposes. - Public lands such as tidal the establishment or operation of fish pens, fish cages, fish corrals/traps and other similar
swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall structures in municipal areas shall be granted except to municipal fisherfolk and their
not be disposed or alienated. Upon effectivity of this Code, FLA may be issued for public lands organizations.
that may be declared available for fishpond development primarily to qualified fisherfolk
cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the Section 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish
current lessees shall be given priority and be entitled to an extension of twenty-five (25) years cages and fish pens shall be covered under the insurance program of the Philippine Crop
in the utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any Insurance Corporation for losses caused by force majeure and fortuitous events.
Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well
as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, Section 55. Non-Obstruction to Navigation. - Nothing in the foregoing sections shall be
That the Department shall declare as reservation, portions of available public lands certified as construed as permitting the lessee, licensee, or permittee to undertake any construction which
suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: will obstruct the free navigation in any stream, river, lakes, or bays flowing through or adjoining
Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from
fish traps shall be allowed in lakes. 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
Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk the lessee, licensee, or occupants thereof, whenever applicable. The Department shall within
organizations/cooperatives shall be subject to the following conditions: 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 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. -
The DENR, in coordination with the Department, LGUs, other concerned agencies and FARMCs Atty.s Instructions is CONFUSING:
shall determine which abandoned, underdeveloped or underutilized fishponds covered by FLAs 132 to 139 under Prohibitions and Penalties (I cant find it in both laws)
can be reverted to their original mangrove state and after having made such determination shall Section 18 of RA 10654 in relation to Section 130 to 139 of RA8550
take all steps necessary to restore such areas in their original mangrove state.
Section 18 (OF RA 10654). A new Chapter VII on administrative adjudication is
Section 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond lease hereby inserted after Chapter VI of Republic Act No. 8550, to read as follows:
agreements who have acquired citizenship in another country during the existence of the FLA
shall have their lease automatically cancelled and the improvements thereon to be forfeited in CHAPTER VII
favor of the government and disposed of in accordance with rules and regulations promulgated ADMINISTRATIVE ADJUDICATION
thereon.
Section 130. Administrative Adjudication. The Department is hereby empowered to
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other impose the administrative fines and penalties provided in this Code.
Structures for the Culture of Fish and Other Fishery Products. - Fish pens, fish cages,
fish traps and other structures for the culture of fish and other fishery products shall be For this purpose, the Department shall organize and designate the composition of the
constructed and shall operate only within established zones duly designated by LGUs in Adjudication Committee, which shall be composed of the bureau director as chairperson and
consultation with the FARMCs concerned consistent with national fisheries policies after the four (4) other members to be designated by the Secretary. The Adjudication Committee shall be
corresponding licenses thereof have been secured. The area to be utilized for this purpose for supported by sufficient number of staff to enable it to perform its mandate.
individual person shall be determined by the LGUs in consultation with the concerned FARMC:
Provided, however, That not over ten percent (10%) of the suitable water surface area of all The Committee shall promulgate rules and regulations for the conduct of administrative
lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages and fish adjudication and the disposition of confiscated catch, gears, equipment and other paraphernalia.
traps; and the stocking density and feeding requirement which shall be controlled and It shall also issue subpoena duces tecum and ad testificandum in administrative cases before it.
determined by its carrying capacity: Provided, further, That fish pens and fish cages located

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Section 131. Commencement of Summary Administrative Action. The Department During the pendency of the administrative or the criminal case, the Department may impound
shall, on its own instance or upon verified complaint by any person, institute administrative the vessel/conveyance, gear and other paraphernalia used in the commission of the offense.
proceedings against any person who violates any order, rule or regulation issued by the
Department, pursuant to this Code. In applying these accompanying sanctions, the Department shall take into account the
seriousness of the violation as defined in Paragraph 82 of Section 4 of this Code, the habituality
Section 132. Power to Issue Cease and Desist Orders and to Summarily Evict or repetition of violation, manner of commission of the offense, severity of the impact on the
Without the Necessity of Judicial Order. The Department shall, subject to the fishery resources and habitat, socioeconomic impact, cases of concealment or destruction of
requirements of administrative due process, issue cease and desist order/s upon violator/s and evidence, eluding arrest, resisting lawful orders, and other analogous circumstances.
to summarily eject, without the necessity of judicial order, the holder of FLA, other tenurial
instrument, permit or license from areas of the public domain covered by such FLA, tenurial The overall level of sanctions and accompanying sanctions shall be calculated in a manner that
instrument, permit or license. is proportionate, effective and dissuasive to deprive the offender of the economic benefits
derived from the serious violation.
Section 133. Authority of the Director of the BFAR or the Duly Authorized
Representative to Issue Notice of Violation and Order Confiscation. In all cases of Section 136. Lien Upon Personal and Immovable Properties of Violators. Fines and
violations of this Code or other fishery laws, rules and regulations, the Director of the BFAR or penalties imposed pursuant to this Code shall constitute a lien upon the personal and immovable
the duly authorized representative, may issue notice of violation and order the confiscation of properties of the violator.
any fish, fishery species or aquatic resources illegally caught, taken or gathered, and all
equipment, paraphernalia and gears in favor of the Department, academic institutions or LGUs Section 137. Community Service. In case the offender is a municipal fisherfolk or has no
and to dispose of the same in accordance with pertinent laws, rules, regulations and policies on property over which the Department may impose the fines and penalties prescribed for the
the matter. offense, community service may be rendered in lieu of the fine. The Department shall
promulgate the rules and regulations for this purpose, taking into account that the service
Section 134. Prohibition on the Issuance of Temporary Restraining Orders, should be rendered in accordance with needs of the community where the offense is committed
Preliminary Injunctions, and Preliminary Mandatory Injunctions. No injunction or and computed based on the fine and the prevailing minimum wage in the community, among
restraining order from the Municipal Trial Courts and Regional Trial Courts shall lie against the others.
Department and BFAR upon the ex parte motion or petition filed by any person or entity in the
exercise by the Department and BFAR of its regulatory functions in support of the Section 138. Citizens Suits. For the purposes of enforcing the provisions of this Code and
implementation of this Code. its implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts/bodies against:
Section 135. Accompanying Administrative Sanctions for Serious Violations. The
Adjudication Committee may impose the following additional sanctions to the administrative (a) Any person who violates or fails to comply with the provisions of this Code, and its
penalties imposed for serious violations: implementing rules and regulations;

(1) confiscation of fishing gear; (b) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and
(2) impoundment of fishing vessel;
(c) Any public officer who willfully or grossly neglects the performance of a duty
(3) temporary suspension or permanent revocation of license or permit; specifically enjoined by this Code and its implementing rules and regulations; or
abuses authority in the performance of duty; or, in any manner improperly performs
(4) temporary or permanent ban from the availment of applicable duty and tax duties under this Code and its implementing rules and regulations: Provided, however,
rebates; That no suit can be filed until after fifteen (15) days notice has been given the public
officer and the alleged offender and no appropriate action has been taken thereon.
(5) inclusion in the IUU fishing vessel list;
Section 139. Strategic Lawsuit Against Public Participation (SLAPP) in the
(6) denial of entry and other port services; Enforcement of this Act. A legal action filed to harass, vex, exert undue pressure, or stifle
any legal recourse that any person, institution, or the government has taken or may take in the
(7) blacklisting; and enforcement of this Code shall be treated as a Strategic Lawsuit Against Public Participation
(SLAPP).
(8) increase in the amount of fines but not to exceed five (5) times the value of the
catch. In case of repeated violations within a five-year period, the amount of fine may The hearing on the defense of a SLAPP shall be summary in nature, the affirmative defense of a
be increased up to eight (8) times the value of the catch. SLAPP shall be resolved within thirty (30) days after the summary hearing. If the court dismisses

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the action, the court may award damages, attorneys fees, and costs of suit under a Section 117. Noncompliance with Port State Measures
counterclaim if such has been filed. The dismissal shall be with prejudice. Section 118. Failure to Comply with Rules and Regulations on Conservation and Management
Measures.
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing Section 119. Noncompliance with Vessel Monitoring Measures.
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit
accordance with the Rules of Court. from the Department.
Section 121. Use of Unlicensed Gear
The Rules of Procedure for Environmental Cases shall govern the procedure in civil, criminal, Section 122. Falsifying, Concealing or Tampering with Vessel Markings, Identity or Registration.
and special civil actions involving the enforcement or violations of this Code including actions Section 123. Concealing, Tampering or Disposing of Evidence Relating to an Investigation of a
treated as a SLAPP as provided in this section. Violation.
Section 124. Noncompliance with the Requirements for the Introduction of Foreign or Exotic
Aquatic Species.
NOTE: This is not included in the coverage but I added this part lang in case namali Section 125. Failure to Comply with Standards and Trade-Related Measures.
lang siya and she really means for us to study the prohibited acts as well (but na- Section 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish.
discuss na niya, I thnk). Section 127. Unauthorized Disclosure of Sensitive Technical Information.
Section 128. Other Violations.
PROHIBITIONS AND PENALTIES (SECTION VI OF RA 10654)
Section 129. Escalation Clause. The fines herein prescribed shall be increased by at least ten
Section 86. Unauthorized Fishing percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent
Section 87. Engaging in Unauthorized Fisheries Activities. function of such fines.
Section 88. Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing.
Section 89. Unreported Fishing
Section 90. Unregulated Fishing
Section 91. Poaching in Philippine Waters
Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity.
Section 93. Use of Fine Mesh Net
Section 94. Fishing in Overexploited Fishery Management Areas
Section 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas.
Section 96. Ban on Coral Exploitation and Exportation
Section 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
Section 98. Illegal Use of Superlights or Fishing Light Attractor.
Section 99. Conversion of Mangroves.
Section 100. Fishing During Closed Season.
Section 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries.
Section 102. Fishing or Taking of Rare, Threatened or Endangered Species
Section 103. Capture of Sabalo and Other Breeders/Spawners.
Section 104. Exportation of Breeders, Spawners, Eggs or Fry.
Section 105. Importation or Exportation of Fish or Fishery Species.
Section 106. Violation of Harvest Control Rules.
Section 107. Aquatic Pollution.
Section 108. Failure to Comply with Minimum Safety Standards.
Section 109. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages.
Section 110. Gathering and Marketing of Shell Fishes or Other Aquatic Species.
Section 111. Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay.
Section 112. Noncompliance with Good Aquaculture Practices.
Section 113. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk, Fishworker
or Crew.
Section 114. Obstruction of Defined Migration Paths.
Section 115. Obstruction to Fishery Law Enforcement Officer
Section 116. Noncompliance with Fisheries Observer Coverage.

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