Philippine Fisheries Code of 1998 emphasis on Prohibitions and Penalties

Section 68

Fisherfolk and their organizations residing within the geographical jurisdiction of the barangays, municipalities or cities with the concerned LGUs shall develop the fishery/aquatic resources in municipal waters and bays.

Section 69

FARMCs shall be established in the national level and in all municipalities/cities abutting municipal waters as defined by this Code. The FARMCs shall be formed by fisherfolk organizations/cooperatives and NGOs in the locality and be assisted by the LGUs and other government entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and orientation on the formation of FARMCs.

Section 70

Creation and Composition of the National Fisheries and Aquatic Resources Management Council (NFARMC). — There is hereby created a National Fisheries and Aquatic Resources Management Council hereinafter referred to as NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall be composed of fifteen (15) members consisting of: a. the Undersecretary of Agriculture, as Chairman; b. the Undersecretary of the Interior and Local Government; c. five (5) members representing the fisherfolk and fishworkers; d. five (5) members representing commercial fishing and aquaculture operators and the processing sectors; e. two (2) members from the academe; and f. one (1) representative of NGOs involved in fisheries. The members of the NFARMC, except for the Undersecretary of Agriculture and the Undersecretary of the Interior and Local Government, shall be appointed by the President upon the nomination of their respective organizations.

Section 71

The members of NFARMC, except the Undersecretary of Agriculture and the Undersecretary of the Interior and Local Government, shall serve for a term of three (3) years without reappointment.

Section 72

The NFARMC shall have the following functions: a. assist in the formulation of national policies for the protection, sustainable development and management of fishery and aquatic resources for the approval of the Secretary; b. assist the Department in the preparation of the National Fisheries and Industry Development Plan; and c. perform such other functions as may be provided by law.

Section 73

The M/CFARMCs shall be created in each of the municipalities and cities abutting municipal waters. However, the LGU may create the Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs) and the Lakewide Fisheries and Aquatic Resources Management Councils (LFARMCs) whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory capacity to the LGUs.

Section 74

The M/CFARMCs shall exercise the following functions: a. assist in the preparation of the Municipal Fishery Development Plan and submit such plan to the Municipal Development Council; b. recommend the enactment of municipal fishery ordinances to the sangguniang bayan/sangguniang panlungsod through its Committee on Fisheries; c. assist in the enforcement of fishery laws, rules and regulations in municipal waters; d. advise the sangguniang bayan/panlungsod on fishery matters through its Committee on Fisheries, if such has been organized; and e. perform such other functions which may be assigned by the sangguniang bayan/panlungsod.

Section 75

The regular member of the M/CFARMCs shall be composed of: a. Municipal/City Planning Development Officer; b. Chairperson, Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod; c. representative of the Municipal/City Development Council; d. representative from the accredited non-government organization; e. representative from the private sector; f. representative from the Department of Agriculture; and g. at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk, one (1) fishworker and three (3) commercial fishers) in each municipality/city which include representative from youth and women sector. The Council shall adopt rules and regulations necessary to govern its proceedings and election.

Section 76

The IFARMCs shall be created in bays, gulfs, lakes and rivers and dams bounded by two (2) or more municipalities/cities.

Section 77

The IFARMC shall have the following functions: a. assist in the preparation of the Integrated Fishery Development Plan and submit such plan to the concerned Municipal Development Councils; b. recommend the enactment of integrated fishery ordinances to the concerned sangguniang bayan/panlungsod through its Committee on Fisheries, if such has been organized; c. assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters; d. advice the concerned sangguniang bayan/panlungsod on fishery matters through its Committee on Fisheries, if such has been organized; and e. perform such other functions which may be assigned by the concerned sangguniang bayan/panlungsod.

Section 78

The regular members of the IFARMCs shall be composed of the following: a. the chairperson of the Committee on Agriculture/Fisheries of the concerned sangguniang bayan/panlungsod; b. the Municipal/City Fisheries Officers of the concerned municipalities/cities; c. the Municipal/City Development Officers of the concerned municipalities/cities; d. one (1) representative from NGO; e. one (1) representative from private sector; and f. at least nine (9) representatives from the fisherfolk sector which include representatives from the youth and women sector. The Council shall adopt rules and regulations necessary to govern its proceedings and election.

Section 79

A separate fund for the NFARMC, IFARMCs and M/CFARMCs shall be established and administered by the Department from the regular annual budgetary appropriations.