HB 1151 – An Act Amending RA 8550 (Redefining Fishing Gears)

FOURTEENTH CONGRESS )
REPUBLIC OF THE
PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
House Bill No. 1151

 

Introduced by Representative Lorenzo R. Tañada III

 

AN ACT AMENDING SECTION 4 (PARAGRAPH 40) AND PROVIDING ADDITIONAL SECTION ON MUNICIPAL FISHERIES, CHAPTER 2, ARTICLE I OF R.A. 8550, ENTITLED: “AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES.”


Be it enacted by the Senate and the House of the Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 4 (40) of R.A. 8550 is hereby amended to read as follows:

“40. Fishing gear – any instrument or device and its accessories utilized in taking fish and other fishery species

[a. Active fishing gear – is a fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and seating the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bagnets, paaling, drift gill net and tuna longline

b. Passive fishing gear – is characterized by the absence of gear movements and/or the pursuit of the target species; such as, but not limited to, hook and line, fishpots, traps and gill nets across the path of the fish.]

A. ALLOWED GEARS REFERS TO FISHING GEARS THAT SATISFY ALL OF THE FOLLOWING CRITERIA: 1) WILL NOT DEPRIVE ANYONE OF THE USE OF THE MUNICIPAL WATERS; 2) WILL NOT HARM COASTAL AND MARINE HABITAT; 3) WILL NOT DEPLETE FISH STOCK; 4) WILL PROMOTE A BALANCE IN THE MARINE AND COASTAL ECOSYSTEM; AND 5) WILL NOT ENDANGER THE HEALTH AND SAFETY OF THE PEOPLE.

B. NOT ALLOWED GEARSALL OTHER FISHING GEARS THAT FAIL TO SATISFY ANY OF THE ABOVEMENTIONED CRITERIA.

C. TOTALLY BANNED GEARS – THE FOLLOWING GEARS ARE TOTALLY BANNED FROM MUNICIPAL WATERS:

§ TRAWL (ALL KINDS) —- GALADGAD, NORWAY

§ PURSE SEINE —- PANGULONG

§ DANISH SEINE —- HULBOT-HULBOT, PAHULBOT-HULBOT, LIKISAN, LIBA-LIBA, PALISOT, PATANGKO, BIRA-BIRA, BULI-BULI, HULAHOOP, ZIPPER, LAMPORNAS, ETC.

§ RING NET —- KUBKOB, PANGULONG, KALANSISI

§ DRIVE-IN NET —- PA-ALING, KAYAKAS

§ ROUND HAUL SEINE —- SAPYAW, LAWAG

§ MOTORIZED PUSH NET SUDSOD

§ BAGNET —- BASNIG, SAKLIT

§ FISHING GEARS USING COMPRESSORS”

SECTION 2. A new section on allowed gears under Article I, Municipal Fisheries, of R.A. 8550 is hereby inserted to read as follows:

SECTION 20 – USE OF ALLOWED GEARS. — THE MUNICIPALITY OR CITY GOVERNMENT, THROUGH ITS LOCAL CHIEF EXECUTIVE AND ACTING PURSUANT TO AN APPROPRIATE ORDINANCE, MAY AUTHORIZE OR PERMIT THE USE OF ALLOWED GEARS WITHIN THE FIFTEEN (15) KILOMETER AREA FROM THE SHORELINE IN MUNICIPAL WATERS AS DEFINED HEREIN, PROVIDED, THAT ALL THE FOLLOWING ARE MET:

a) THAT SAID ORDINANCE PROVIDES FOR A LIST OF ALL GEARS, BOTH ALLOWED AND NOT ALLOWED;

b) THAT SAID ORDINANCE PROVIDES FOR THE LIMITATIONS ON THE USE OF EACH ALLOWED GEAR REGARDING MESH SIZE, TEMPORAL RANGE OR RANGE OF TIME TO WHICH GEAR MAY BE ALLOWED, ZONING OR DESIGNATED AREA WHERE GEAR MAY BE ALLOWED, SIZE RESTRICTIONS OR PHYSICAL DIMENSIONS ALLOWED, NUMBER RESTRICTIONS OR THE QUANTITY OF GEARS ALLOWED, DESIGN REGULATIONS OR SPECIFIC COMPONENTS / PARTS AND MATERIALS ALLOWED FOR VARIATIONS OF THE GEAR AND EFFORT REGULATION OR CORRESPONDING LICENSE FEES AND TAXES;

c) A SYSTEM THAT SHALL SUBJECT A NEW GEAR AND/OR TECHNOLOGY TO AN APPLICATION AND ASSESSMENT PERIOD TO FACILITATE ITS POSSIBLE INTRODUCTION AND/OR ADDITION TO THE LIST OF PERMITTED GEARS IS DEFINED IN SAID ORDINANCE; AND

d) PRIOR CONSULTATION, THROUGH PUBLIC HEARING, WITH THE VARIOUS STAKEHOLDERS AND M/C/IFARMC HAS BEEN CONDUCTED FOR THE DRAFTING AND FINALIZATION OF THE SAID ORDINANCE.


TOTALLY BANNED GEARS AS DEFINED HEREIN AND GEARS NOT INCLUDED IN THE LIST OF ALLOWED GEARS CONTAINED IN THE SAID ORDINANCE ARE THEREBY PROHIBITED WITHIN THE 15 KM. MUNICIPAL WATERS.

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 SEASON AS PROVIDED FOR IN SECTION 9 OF THIS CODE.

SECTION 3. Adjustment in the Numbering of Chapters and other Sections of RA 8550 – Section 20 on Fisherfolk Organizations and/or Cooperatives shall become Section 21 and the succeeding sections shall be renumbered accordingly.

SECTION 4. Repealing Clause. – All laws, decrees, executive orders and rules and regulations or part thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.

SECTION 5. Separability Clause. – If any portion of this Code is declared unconstitutional or invalid, the portions or provisions thereof, which are not affected thereby, shall continue in full force and effect.

SECTION 6. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette.

Approved,

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