AQUACULTUR

E
 DISPOSITION OF
PUBLIC LANDS FOR
FISHERY PURPOSES

NOT ALIENABLE AND

DISPOSSABLE:

• Tidal Swamps
• Mangroves
• Marshes
• Foreshore Lands
• Ponds
 FISHPOND LEASE AGREEMENTS (FLA)

 may be issued for public lands that may be declared

available for fishpond development primarily to qualified
fisherfolk cooperatives/associations.

 extension of 25 years
 granted to any Filipino citizen
• qualified fisherfolk cooperatives/associations
• Small and medium enterprises (R.A. NO. 8289)
 LEASE OF FISHPONDS
CONDITIONS
A. AREA
• Individuals – no more than 50 hectares
• Corporations/Fisherfolk organizations – 250 hectares

B. PERIOD OF LEASE
• 25 years
• Renewable for another 25 years
• Death of lessee – his spouses and/or children, as heirs,
shall have preemptive rights to the unexpired term of his
FLA
 C. LEASE RATES
LE • Determined by DA
• All fees collected shall be remitted to the
AS National Fisheries Research and Development
E Institute and other qualified research institutions
– to be used for aquaculture development
OF
D. AREA LEASED DEVELOPED AND
FIS PRODUCING ON A COMMERCIAL
HP SCALE
 Within 3 years
ON • Within 5 years not fully producing –
automatically revert to the public domain for
DS reforestation
 E. Fishpond shall not be SUBLEASED
LE • Failure to comply – cancellation of FLA

AS F. TRANSFER OR ASSIGNMENT OF
E RIGHTS TO FLA
• Allowed only upon prior written approval of the
OF DA

FIS G. LESSEE
HP  Shall undertake reforestation for riverbanks,
bays, streams, and seashore fronting the dike
ON of his fishpond – subject to rules and
regulations promulgated thereon; and
DS  Shall provide facilities that will minimize
environmental pollution
 CODE OF PRACTICE FOR
AQUACULTURE
• Established by DA
• Will outline general principles and guidelines for
environmentally-sound design and operation to promote
the sustainable development of the industry.
• Shall be developed through a consultative process with the:

 DENR  Small-scale operators

 Fishworkers  Research institutions and the
 FLA Holders academe
 Fishpond owners  Other potential stakeholders
 Fisherfolk cooperatives
REVERSION TO ORIGINAL MANGROVE
STATE

To be determined by:
 DENR
ABANDONED  DA
 LGUs
UNDERDEVELOP  Other concerned
ED agencies
UNDERUTILIZ  FARMCs
ED
 ABSENTEE FISHPOND LEASE
AGREEMENT HOLDERS

AUTOMATIC CANCELLATION
• Holders of fishpond lease agreements who have
acquired citizenship in another country during the
existence of FLA
• Improvements - forfeited in favor of government
 LICENSE TO OPERATE FISH PENS, FISH
CAGES, FISH TRAPS AND OTHER
STRUCTURES
LGUs in consultation with FARMCs
 Shall be constructed and shall operate only within
established zones
 Areas to be utilized for this purpose for an individual
• Not more than 10% of suitable water surface area of lakes
and rivers shall be allotted for aquaculture purposes
• Fish pens and fish cages located outside municipal waters
shall be constructed and operated only within fish pen and
fish cage belts designated by the DA
– After corresponding licenses and fees have been secured
and paid
FISHERY RESERVES, REFUGE,
AND SANCTUARIES
 FISHING AREAS RESERVED FOR
EXCLUSIVE USE OF GOVERNMENT

DEPARTMENT OF AGRICULTURE
- May designate area or areas on Philippine waters beyond
15 kilometers from the shoreline as fishery reservation for
the exclusive use of the government or any of its political
subdivisions, agencies or instrumentalities
 for propagation
 educational
 research
 scientific purposes
MUNICIPALITIES/CITIES

- LGUs in consultation with the FARMCs may

recommend to the DA portion of the municipal
waters be declared as fishery reserves
 for special or limited use
 educational
 research
 special management purposes
 FISH REFUGE AND SANCTUARIES

 established by DA
 DA may set aside areas for cultivation of mangroves to
strengthen the habitat and the spawning grounds of fish
 administered in the manner prescribed by BFAR
 no commercial fishing shall be allowed within these areas

MUNICIPAL WATERS
 Established by LGUs in consultation with FARMCs
 at least 15 % where applicable of the total coastal areas
in each municipality
NAPANTAO FISH SANCTUARY
SAN NARCISO, SOUTHERN JUAG LAGOON MARINE
LEYTE SANCTUARY
MATNOG, SORSOGON
 PROHIBITION AND
PENALTIES
UNAUTHORIZED
FISHING
- It shall be unlawful for
any person to capture or
gather or to cause the
capture or gathering of
fish, fry or fingerlings of
any fishery species or
fishery products without
license or permit from the
Department or LGU
• Except in cases specified
under the Code, it shall
also be unlawful for any
commercial fishing
vessel to fish in  Fishing for daily food
municipal waters sustenance or for leisure
• It shall be unlawful for which is not for
any person not listed in commercial, occupation,
or livelihood purposes
the registry of municipal
may be allowed
fisherfolk to engage in
any commercial fishing
activity in municipal
waters.
ENGAGING IN UNATHORIZED FISHERIES
ACTIVITIES

• It shall be unlawful for

any person to exploit,
occupy, produce, breed
or culture fish, fry or
fingerlings or fishery
products or construct
and operate fish corrals,
fish traps, fish pends and
fish cages or fishponds
without a license, lease
or permit.
FAILURE TO SECURE FISHING PERMIT PRIOR
TO ENGAGING IN DISTANT WATER FISHING
• It shall be unlawful for any
person to fish in the:
 High seas
 Territorial seas
 Archipelagic waters
 Exclusive economic zones of
other states
using a Philippine flagged
fishing vessel without first
securing a fishing permit from
the Department and
authorization from the coastal
state
 UNREPORTED FISHING

“
SEC. 38 of R.A. NO. 8550 - Each commercial
shipping vessel shall keep a daily record of fish catch
and spoilage, landing points, and quantity and value
of fish caught, and off-loaded for transshipment, sale
and/or other disposal. Detailed information shall be
duly certified by the vessel’s captain and transmitted
to BFAR within the period prescribed in the
implementing rules and regulations promulgated by
the Department. Failure to comply shall result to
administrative and penal sanctions.

”
POACHING IN PHILIPPINE WATERS

• It shall be unlawful for

any foreign person,
corporation or entity
to fish or operate any
fishing vessel in
Philippine waters.
Chinese fishermen are charged for
poaching, gathering and possession
of precious corals, and use of
destructive gears in Philippine
waters (June 2016)
13 Vietnamese poachers caught
with the corpses of 101 endangered
hawksbill turtles (Eretmochelys
imbricata) near El Nido, Northern
Palawan. (August 2008)
 FISHING THROUGH EXPLOSIVES, NOXIOUS
OR POISONOUS SUBSTANCE OR
ELECTRICITY

GENERAL RULE
- Use of explosives, noxious or
poisonous substance such as
sodium cyanide, which will kill,
stupefy, disable or render
unconscious fish or fishery species
FISHING THROUGH EXPLOSIVES, NOXIOUS
OR POISONOUS SUBSTANCE OR
ELECTRICITY
EXCEPTION
- Use of poisonous or noxious
substances to catch, take or
gather fish or fishery species for
research, educational or
scientific purposes only
- To eradicate predators and
pests in fishponds in accordance
with accepted scientific
practices and without causing
adverse environmental impact
in neighboring waters and
grounds – not illegal fishing
COMMERCIAL FISHING VESSELS
APPREHENDED IN CUYO, CORON

One of the three commercial fishing

vessels apprehended by the BFAR
Fisheries Protection and Law
Enforcement Group and the PCG
within Cuyo and Coron municipal
waters on May 25, 2019, for violating
the Philippine Fisheries Code. (Photo
courtesy of BFAR FPLEG
MIMAROPA)
ADMINISTRATIVE
ADJUDUCATION
ADJUDICATION COMMITTEE

BUREAU DIRECTOR -
CHAIRPERSON

4 OTHER MEMBERS TO BE
DESIGNATED BY THE
SECRETARY

SUFFICIENT NUMBER OF STAFF

 POWERS
 shall promulgate rules and regulations for the conduct of
administrative adjudication and the disposition of
confiscated catch, gears, equipment and other paraphernalia.
 shall also issue subpoena duces tecum and ad testificandum in
administrative cases before it
 shall, on its own instance or upon verified complaint by any
person, institute administrative proceedings against any
person who violates any order, rule, or regulation issued by
the Department, pursuant to the Code
 to issue cease and desist orders and to summarily evict
without the necessity of judicial order
 ADDITIONAL ADMINISTRATIVE
SANCTIONS FOR SERIOUS VIOLATIONS
1) Confiscation of fishing gear
2) Impoundment of fishing vessel
3) Temporary suspension or permanent revocation of license or permit
4) Temporary or permanent ban from the availment of applicable duty
and tax rebates
5) Inclusion in the IUU fishing vessel list
6) Denial of entry and other port services
7) Blacklisting
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 be increased up to eight (8) times the value of the
catch
 CITIZEN’S SUIT
Any citizen may file an appropriate civil, criminal or administrative
action in the proper courts/bodies against:
a) Any person who violates or fails to comply with the provisions of
this Code and its implementing rules and regulations
b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with the Act; and
c) Any public officer who willfully or grossly neglects the performance
of a duty specifically enjoined by the Code and its implementing
rules and regulations

- No suit can be filed until after 15 days notice has been given the
public officer and the alleged offender and no appropriate action has
been taken thereon.
 STRATEGIC LAWSUIT AGAINST
PUBLIC PARTICIPATION (SLAPP)
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 enforcement of the Code.

 hearing on the defense shall be summary in nature

 affirmative defense shall be resolved within 30 days after
the summary hearing
 EXECUTIVE CONTROL
a) President has control of all the executive departments,
bureaus and offices pursuant to Sec. 17, Article VII of
the 1987 Constitution
b) Executive orders may be issued by the President
governing the general performance of duties by public
employees or disposing of issues of general concern
c) Under the Administrative Code, all executive
functions shall be directly under the executive
department, subject to the supervision and control of
the President on matters of general policy
 ENACTMENT OF ORDINANCES BY
LGUs

• Power to enact ordinances to enhance the right of the

people to a balanced ecology.
• Power to grant fishery privileges in municipal waters, and
impose rentals, fees or charges therefor;
• to penalize, by appropriate ordinances, the use of
explosives, noxious or poisonous substances, electricity,
muro-ami, and other deleterious methods of fishing.