Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2719

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez III

EXPLANATORY NOTE

The Philippine Fisheries Code provides a new framework in the development
of Philippine fisheries. These principles were defined to ensure the
sustainability of the country's fisheries and aquatic resources that will
guarantee food security, sustainability of livelihood, biodiversity conservation,
foster economic growth and nation building. However, due to insufficient and
unclear definition and classification of fishing gears in the municipalities,
unregulated use of inappropriate fishing gears espousing unsustainable
fishing methods and practices remain unchecked. In this case the definition of
the device and its accessories utilized in taking fish should be modified in
order to protect the fisheries and our aquatic ecosystem.

This bill seeks to modify the definition of fishing gears as being classified
‘passive’ and ‘active’ into ‘allowed’ and ‘not allowed’ to provide more latitude
in deciding which gears belong to each category. This classification would be
able to capture not only the use of the gear but also how it is handled and its
depletive effects to the resources as well. The modification of gears also gives
reasonable discretion to local government units in the formulation of
regulations to determine which gears are allowed or not. This discretion is
tempered by strict regulation over which an LGU may allow a gear within its
jurisdiction.

In view of the foregoing, the approval of the attached bill is earnestly requested.

WALDEN F. BELLO IBARRA/M GI! vl}


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__2719

Introduced by AKBAYAN Representatives
Walden F, Bello and Ibarra M. Gutierrez II

AN ACT AMENDING SECTION 4 (PARAGRAPH 40) AND PROVIDING
ADDITIONAL SECTION ON MUNICIPAL FISHERIES, CHAPTER 2,
ARTICLE | 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. 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 GEARS - ALL OTHER FISHING
GEARS THAT FAIL TO SATISFY ANY OF THE
ABOVEMENTIONED CRITERIA.

Cc. 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 |, 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;

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

2

d) PRIOR CONSULTATION, THROUGH PUBLIC HEARING, WITH THE
VARIOUS STAKEHOLDERS AND MI/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
readjusted accordingly.

SECTION 4. Repealing Clause. — Alll laws, decrees, executive orders
and rules and regulations or part thereof, which are inconsistent with this

Code, are 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,