Ramos, Monica May

2020-0431
The Philippine Fisheries Code of 1998 As Amended By Republic Act No. 10654 An Act To
Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing
The Department of Agriculture is the government agency responsible for the promotion of
agricultural development by providing the policy framework, public investments, and support services
needed for domestic and export-oriented business enterprises. It has the following objectives are to : a.
provide integrated services to farmers, fishermen, and other food producers on production, utilization,
conservation, and disposition of agricultural and fishery resources; b. promulgate and enforce all laws,
rules and regulations governing the conservation and proper utilization of agricultural and fishery
resources; c. conduct, coordinate, and disseminate research studies on appropriate technologies for the
improvement and development of agricultural crops, fisheries, and other allied commodities; d. provide
the mechanism for the participation of farmers, fishermen, and entrepreneurs at all levels of policy-
making, planning ang program formulation.
Moreso, the Bureau of Fisheries and Aquatic Resources is tasked to prepare and implement a
Comprehensive National Fisheries Industry Development Plan; issue licenses for the operation of
commercial fishing vessels; issue identification cards free of charge to fishworkers engaged in
commercial fishing; monitor and review joint fishing agreements between Filipino citizens and foreigners
who conduct fishing activities in international waters, and ensure that such agreements are not contrary to
Philippine commitment under international treaties and convention on fishing in the high seas; and
formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not
limited to, sea farming, sea ranching, tropical/ornamental fish and seaweed culture, aimed at increasing
resource productivity, improving resource use efficiency, and ensuring the long-term sustainability of the
country’s fishery and aquatic resources.
As to jurisdiction, the municipal/city government shall have jurisdiction over municipal waters as
defined in this Code. The municipal/city government, in consultation with the FARMC shall be
responsible for the management, conservation, development, protection, utilization, and disposition of all
fish and fishery/aquatic resources within their respective municipal waters. On the other hand, I learned
from a jurisprudence, Republic vs. Provincial Government of Palawan, LGU’s territorial jurisdiction
refers only to its land area, the territory of LGUs, in turn, refers to their land area, unless expanded by law
to include the maritime area. Accordingly, only the utilization of natural resources found within the land
area as delimited by law is subject to the LGU's equitable share under Sections 290 and 291 of the Local
Government Code.
As a constitutional basis, marine resources belong to the State and pursuant to the first paragraph of
Section 2, Article XII of the Constitution, their “exploration development and utilization… shall be under
the full control and supervision of the State”. Moreover, their mandated protection, development and
conservation imply certain restrictions on whatever right of enjoyment there may be in favor of anyone.
No commercial 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
60% of the capital stock which is owned by Filipino citizens.
If issued, no person shall transfer or assign, directly or indirectly, his stock or interest therein to any
person not qualified to hold a license.