CDI 9 BLUE LAWS Further, by regulating, inter alia

 Primary law on fisheries and aquatic resources  commercial fishing

in the Philippines
 lease of fishponds and registration of fish
✓ Responds to the trend of blind resource hatcheries and private fishponds
exploitation  Importation and exportation of fishery products
✓ addresses the interconnected issues of resource By reconstituting the Bureau of Fisheries and
degradation and unrelenting poverty among Aquatic Resources (BFAR)
municipal fishers.
 (1) Creation of the position of Undersecretary
✓ provides for a national policy on the sustainable for Fisheries and Aquatic Resources
use of fishery resources to meet the growing food
needs of the population.  (2) BFAR as a line bureau under the
Department of Agriculture
LESSON 1 | The Philippine Fisheries Code of
1998 By creating the National Fisheries and Aquatic
providing for the development, management and Resources Management Councils (NFARMC)
Conservation of the fisheries and aquatic resources  (1) Advisory/recommendatory body
SECTION 2. Declaration of Policy State:
It is hereby declared the of the  (2) Composed of Usec of DA as chair, USec of
a. to achieve security DILG, fisherfolks and fishworkers, members
b. to limit access to the fishery and aquatic from the academe and representatives from
resources of the Philippines for fisheries-related NGOs
the exclusive use and enjoyment of Filipino citizens  (3) assist in the formulation of national policies
c. to ensure the rational and sustainable for the protection, sustainable development and
development, management and conservation of the management of fishery and aquatic resources
fishery and aquatic resources in Philippine waters
d. to protect the rights of fisherfolk By creating the Municipal/City Fisheries and
e. to provide to the fishery sector Aquatic Resources Management Councils
f. to manage the fishery and aquatic resources; and (M/CFARMC)
g. to grant the private sector the privilege to utilize
 (1) assist in the preparation of the Municipal
fishery resources
Fishery Development Plan
Scope:
A. all Philippine waters including other waters over  (2) recommend the enactment of municipal
which the Philippines has sovereignty and fishery ordinances
jurisdiction, and the country's 200-nautical mile
Exclusive Economic Zone (EEZ) and continental  (3) assist in the enforcement of fishery laws,
shelf; rules and regulations in municipal waters;
B. all aquatic and fishery resources whether inland,  (4) advise the sangguniang bayan/panlungsod
coastal or offshore fishing areas, including but not on fishery matters
limited to fishponds,fish pens/cages; and
C. all lands devoted to aquaculture, or businesses THE LGU MAY CREATE THE BARANGAY
and activities relating to fishery, whether private or FISHERIES AND AQUATIC RESOURCES
public lands. MANAGEMENT COUNCILS (BFARMCs) AND
By regulating the use, management, THE LAKEWIDE FISHERIES AND AQUATIC
development and conservation of fisheries and RESOURCES MANAGEMENT COUNCILS
aquatic resources (LFARMC)WHENEVER NECESSARY
(I) Use of Philippine waters
By creating Integrated Fisheries and Aquatic
(2) Access to fishery resources
Resources Management Councils (IFARMC)
(3) Catch ceiling
(4) Closed seasons  in bays, gulfs, lakes and rivers and dams
(5) Introduction of foreign aquatic species bounded by two (2) or more
(7) Environmental Impact Statement (EIS) — to municipalities/cities.
undertake activities or projects which will affect the
quality of the environment Lastly, by providing for prohibitions and
(8) Environmental Compliance Certificate (ECC) penalties
(9) Monitoring, Control and Surveillance of fishing RA 8550 had 22 provisions (Sec 86-107)
— DENR- established system in coordination with
LGUs, FARMCs, the private sector and other SEC. 86. Unauthorized Fishing. - (a) It shall be
concerned agencies. unlawful for any person to capture or gather or to
By granting jurisdiction to municipal/city cause the capture or gathering of fish, fry or
government fingerlings of any fishery species or fishery
products without license or permit from the
(1) Over municipal waters Department or LGU. Except in cases specified
(2) Grant of fishing privileges under this Code, it shall also be unlawful for any
commercial fishing vessel to fish in municipal
(3) Registry of Municipal Fisherfolk waters. The discovery of any person in possession
of a fishing gear or operating a fishing vessel in a
(4) Support to Municipal Fisherfolk
fishing area where he has no license or permit shall
(5) Rights and Privileges of Fish workers constitute & prima facie presumption that the
person is engaged in unauthorized fishing:
Provided, That fishing for daily food sustenance or
for leisure which is not for commercial, occupation (2) Agriculture
or livelihood purposes may be allowed.
 32,684 potential estimated irrigable area
SECTION 18. Users of Municipal Waters
(3) Water supply
The municipal or city government, however, may,
through its local chief executive and acting (4) Electricity
pursuant to an appropriate ordinance, authorize or  758 Megawatts total dependable capacity.
permit small and medium commercial fishing
vessels to operate within the ten point one (10.1) to (5) Floodwater reservoir
fifteen (15) kilometer area from the shoreline in (6) Industrial cooling
unicipal waters as defined herein, provided, that all
the following are met:  2.04 bil m³ of lake water yearly
a. no commercial fishing in municipal waters with (7) Business establishments
depth less than seven (7) fathoms as certified by
 500,000 (est.) large, medium and small
the appropriate agency,
enterprises
b. fishing activities utilizing methods and gears that
(8) Waterways
are determined to be consistent with national
policies set by the Department; (9) Recreation
c. prior consultation, through public hearing, with (10) Eco-tourism
the M/CFARMC has been conducted; and
Creation of the LLDA
d. the applicant vessel as well as the shipowner,
employer, captain and crew have been certified by  quasi-government agency with regulatory and
the appropriate agency as not having violated this proprietary functions
Code, environmental laws and related laws.  under the administrative supervision of the
LESSON 2 The Laguna Lake Development DENR
Authority Act (RA 4850 as amended)  make a comprehensive survey of the physical
Creating the Laguna Lake Development and natural resources and potentialities of the
Authority (LLDA), prescribing its powers, Laguna Lake region
functions and duties.  Regulate and monitor activities in the Laguna
 To promote and accelerate the development Lake region
and balanced growth of the Laguna Lake area  Exclusive jurisdiction to issue permit for the use
and the surrounding provinces, cities and towns of all surface water for any projects or activities.
of the Laguna Lake area and the surrounding
provinces, cities and towns within the context of  prevention and abatement of pollution
the national and regional plans and policies for
 Deputize in writing or request assistance of
social economic development of the Laguna
appropriate government agencies or
Lake region with due regard and adequate
instrumentalities for the purpose of enforcing.
provisions for environmental management and
control, preservation of undue ecological Sec. 39-A. Penal and Civil Liability Clause. Any
disturbances, deterioration and pollution. person, natural or juridical, who shall violate any of
the provisions of this Act or any rule or regulation
Characteristics of Laguna Lake
promulgated by the Authority pursuant thereto shall
As to its size:
be liable to imprisonment of not exceeding three
 Shallow freshwater basin
years or to a fine not exceeding Five Thousand
 Average depth of 2.5m; 20m at Pesos or both at the discretion of the court.
 its deepest point VIOLATION
 900 sq km surface area 1. Operating Emission Source(s) Installation
without a Permit to Operate-ESI or Discharging
 2,250,000 m³ average volume Wastewater without a Discharge Permit.
 Largest lake in the Philippines and 3rd largest ADMINISTRATIVE FINE
Asia
P5,000.00/source/year
As to its regional reach: Offender - Any person, natural or juridical
 285 km shoreline Act or Omission - Operating emission source(s)
installation
 217 shoreline barangays in 29 municipalities Qualifier - Without a permit to operate-ESI
(Laguna - 18; Rizal - 9; NCR - 2) 2. Constructing/Operating a Fishpen in Excess
of the Allowable/Allocated Area
 Bordered by provinces of Laguna, Rizal and
NCR (Metro Manila) P5,000.00/excess hectare or a fraction thereof/yr.
(Note: with an order for demolition of the excess
As a resource:
area)
(1) Fisheries
Offender - Any person, natural or juridical
 Production of 150,957 metric tons Act or Omission-Constructing/operating a fish
pen.
 63,490 metric tons in aquaculture Qualifier - In excess of the allowable/allocated
 87,467 metric tons in municipal fisheries. area.