CHAPTER II
UTILIZATION, MANAGEMENT, DEVELOPMENT,
CONSERVATION AND ALLOCATION SYSTEM OF
FISHERIES AND AQUATIC RESOURCES
Sec. 22 – Sec 23
SEC. 22. Demarcated Fishery Right. –
The LGU concerned shall grant demarcated fishery
rights to fishery organizations/cooperatives for
mariculture operation in specific areas identified by the
Department.
Rule 22.1. Identification of Mariculture Areas. –
The DABFAR, in cooperation with the LGUs, shall identify
municipal waters suitable for mariculture operations and
establish the linear boundaries of the area to be declared as
demarcated fishery area.
SEC. 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 or in danger of being overfished, and that
there is a need to regenerate the fishery resources in that
water, the LGU shall prohibit or limit fishery activities in the
said waters.
Rule 23.1. Implementation. –
This Section shall be implemented in accordance with
the HCR and Reference Points to be established in
municipal waters and fishery management areas.
SEC. 24. Support to Municipal
Fisherfolk.–
The Department and the LGUs shall provide 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
additional/supplementary livelihood.
Rule 24.1. Technology Transfer and Verification
Studies. –
The DA-BFAR, in collaboration with LGUs and other agencies, shall
transfer to municipal fisherfolk, technologies in aquaculture, post-harvest,
fishing, and other aspects of fisheries management, through training and
extension in BFAR’s fisheries demonstration farms, National Fisheries
Technology Centers, Regional Fishermen Training Centers and Regional
Fisheries Outreach Station, as well as the conduct of technology
verification studies and the establishment of pilot demonstration projects.
Rule 24.2. Marketing and Technical
Assistance. –
The DA-BFAR shall provide and/or facilitate the provision of
production, market and credit information assistance for fish and
fishery products to municipal fisherfolk. Technical assistance shall
be provided to local fisherfolk organizations to facilitate their access
to credit, and to LGUs and FARMCs in the establishment of fisheries
management systems in municipal waters.
Rule 24.3. Organizing/Strengthening of Local
Organizations. –
The DA-BFAR shall provide assistance in organizing/strengthening
fisherfolk organizations, associations and cooperatives in coordination
with the Cooperative Development Authority (CDA), NonGovernment
Organizations (NGOs), People Organizations (POs) and other concerned
agencies.
SEC 25. Rights and Privileges of
Fishworkers. –
The fishworkers shall be entitled to the privileges accorded to other
workers under the Labor Code, Social Security System and other
benefits under other laws or social legislation for workers: Provided,
That fishworker on board any fishing vessels engaged in fishing
operations are hereby covered by the Philippine Labor Code, as
amended.
Rule 25.1. Working Hours of
Fishworkers. –
Fishworkers, on board any fishing vessels engaged in fishing
operations, shall be classified as field personnel as defined under
Section 82 of the Philippine Labor Code, as amended, and shall
not be subject to the regulations on normal working hours and
overtime.
ARTICLE II
COMMERCIAL
FISHERIES
SEC. 26. Commercial Fishing Vessel License
and Other Licenses. –
No person shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research
or educational purposes, or engage in any fishery activity, or seek employment as a fishworker 20 or pearl diver
without first securing a license from the Department, the period of which shall be prescribed by the Department:
Provided, That no such license shall be required of a fishing vessel engaged in scientific research or educational
purposes within Philippine waters and 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 officials of the international agency under which vessel operates: Provided further, That members
of the crew of a fishing vessel used for commercial fishing except the duly licensed and/or authorized patrons,
marine engineers, radio operators and cooks shall be considered as fisherfolk: Provided furthermore, That all
skippers/master fishers shall be required to undertake an orientation training on detection of fish caught by
illegal means before they can be issued their fishworker licenses: Provided finally, That the large commercial
fishing vessel license herein authorized to be granted shall allow the licensee to operate only in Philippine waters
seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject to the conditions that
may be stated therein and the rules and regulations that may be promulgated by the Department.
Rule 26.1. Vessel/Gear Licensing and
Exemption. –
The DA-BFAR shall issue to qualified applicants commercial fishing vessel
licenses (CFVL) or commercial gear licenses (CGL) to engage in commercial
fishing in fishing areas beyond municipal waters; provided, that skiff boats shall be
exempted from the license requirement.
Rule 26.2. Requirements for Skiffboats.–
The owners and operators of commercial fishing vessels shall, include in their CFVL
application, the complete information on their skiff boats. Such skiff boats shall be
ad-measured, identified and indicated in the CFVL of the catcher vessels.
Rule 26.3. Requirements for "Pakura."–
The owners and operators of commercial handline vessels shall, indicate in their
CFVLs, the number of "Pakura".
Rule 26.4. Number of CFVL. –
The DA-BFAR shall issue the corresponding number of CFVL based on HCR,
reference points such as MSY, MEY, TAC, or other indicators as maybe
determined in accordance with Rule 65.2.
Rule 26.5. Fisherman’s License.
–No person shall be engaged or seek employment as fishworker on board a commercial
fishing vessel without a Fisherman License from DABFAR. CFVL owners or operators
shall ensure that all their fishworkers are duly licensed by DA-BFAR to work in
commercial fishing vessels.
Rule 26.6. Application and Requirements. –
The DA-BFAR shall grant and issue the Fisherman’s License to fishworkers
intending to work in commercial fishing vessels, upon approval of the
application. The Fisherman’s License shall be in the form of a Fisherman’s
Identification Card to be issued upon compliance with the following
requirements:
(a)Completed application form;
(b) 2 copies of 1" by 1" ID picture;
(c) Valid government-issued ID or Barangay
Clearance; and,
(d) Payment of license fee in the amount of One
Hundred Pesos (Php 100).
SEC. 27. Persons Eligible for Commercial
Fishing Vessel License. –
No commercial fishing vessel license shall be issued except to citizens of the Philippines,
partnership or to associations, cooperatives or corporations duly registered in the Philippines at
least sixty percent (60%) of the capital stock of which is owned by Filipino citizens. No person to
whom a license has been issued shall sell, transfer or assign, directly or indirectly, his stock or
interest therein to any person not qualified to hold a license. Any such transfer, sale or assignment
shall be null and void and shall not be registered in the books of the association, cooperative or
corporation.
For purposes of commercial fishing, fishing vessel owned by citizens of the Philippines,
partnerships, corporations, cooperatives or associations qualified under this section shall secure
Certificates of Philippine Registry and such other documents as are necessary for fishing operations
from the concerned agencies: Provided, That the commercial fishing vessel license shall be valid
for a period to be determined by the Department.
The license fee shall be subject to a reasonable adjustment by
DA-BFAR following the process stated in Rule 65.2.The license
number, official receipt number, as well as the date and place of
payment, shall be indicated in the Fisherman’s Identification
Card.
Rule 26.7. Validity. –
The validity of Fisherman’s License shall be three (3) years from the date of
payment of the license fee.
Rule 26.8. Renewal of Fisherman’s License.
– A Fisherman’s License may be renewed three (3) months before its expiration. The non-
appearance of the licensee may be allowed during applications for renewal: provided, that the person
appearing on his behalf must present a certificate of employment of the licensee issued by the
company or operator.
Rule 26.9. Fishworker's Identification.
– For fishworkers employed in fish processing plants and/or packing plants, aquaculture farms, or
other land based allied industries, a fishworker or fisherfolk identification card may be issued by
DA-BFAR.
SEC. 27. Persons Eligible for Commercial
Fishing Vessel License. –
No commercial fishing vessel license shall be issued except to citizens of the Philippines, partnership or
to associations, cooperatives or corporations duly registered in the Philippines at least sixty percent
(60%) of the capital stock of which is owned by Filipino citizens. No person to whom a license has
been issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any person
not qualified to hold a license. Any such transfer, sale or assignment shall be null and void and shall not
be registered in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessel owned by citizens of the Philippines,
partnerships, corporations, cooperatives or associations qualified under this section shall secure
Certificates of Philippine Registry and such other documents as are necessary for fishing operations
from the concerned agencies: Provided, That the commercial fishing vessel license shall be valid for
a period to be determined by the Department.
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