AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.

A 8550

AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF THE

PHILIPPINES FISHERIES CODE OF 1998

Presented in

Partial Fulfillment of the Requirements

for the degree of

Master of Public Administration

Cagayan State University

Tuguegarao City

by

Imelda T. Silvania
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

Chapter I

INTRODUCTION

Background of the Study

Exploitation of the fisheries and aquatic resources is a prevalent problem worldwide. In

some countries which are surrounded by the bounties from the ocean, they are now experiencing

an abrupt decrease of fish stocks in their territorial waters which causes a decreasing production

of fish yearly. This, if not addressed or even just lessened, will cause a severe damage in

balancing the ecosystem and worst scarcity of food source will become more problematic.

This problem is already been embracing the world thusstrong advocacies and movements

for the conservation, protection and proper management of the fisheries and aquatic resources are

being lifted. This is duly manifested by the implementation of several fishery laws (international

and local) and implementation of various programs, projects, and activitieswhich aim to rescue

the threatened resources on fisheries sector.

One of the most popular movements to address the crisis in fisheries is led by the

European Union (EU). This organization strengthens the implementation of the Illegal,

Unreported, Unregulated Fishing (IUUF) to resolve the over-exploitation of the fishery

resources.It should be noted that, besides climate change, a dominating unresolved problem of

the world is in this generation, human activities also cause the over-exploitation of resources

particularly in the fisheries sector. This refers now to the recurring problem on illegal fishing

activities which include blast fishing, electrofishing, muro-ami, etc.

With the recurring problem on illegal fishing, fisheries production decreased gradually

due to the destroyed coral reefs which serve to be the breeding ground of the fishes. This is even

worsened by the fact that coral reefs grow only at 1 cm per year (Endangered Species
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

International Organization, 2012). Without these nursery grounds, fishery production will suffer

more in the upcoming generations and an adverse impact shall be felt the people.

At present, other strategized methods to combat the diminishing resources in the fisheries

sector are the establishment of the Ecosystem Approach to Fisheries under the provisions of

Food and Agriculture Organization (FAO), 2014. This EAFs purpose is to plan, develop and

manage fisheries in a manner that addresses the municipality of societal needs and desires,

without jeopardizing the options for future generations to benefit from the full range of goods

and services provided by marine ecosystems.

Hence, there are many reasons for this widespread problem, including among others: an

inherent conflict between short- term social and economic needs and goals and the longer-term

need for sustainability, poor management practices in the past, particularly the absence of long

term rights and failing to ensure that stakeholders participate in management, insufficient

capacity within the management agencies and others.Proper management of the fishery resources

includes the integrated process of information gathering, analysis, planning, consultation,

decision making, allocation of resources and formulation and implementation, with enforcement

as necessary, of regulations or rules which govern fisheries activities in order to ensure the

continued productivity of the resources and the accomplishment of other fishery objectives

(FAO, 1997).

Due to the prevailing ill status of the fishery and aquatic resources worldwide which is

especially worsened by human activities, this study aims to ascertain the level of awareness of

the fisherfolk as well as the extent of implementation of the Philippines Fishery Code of 1998 or

widely known as R.A. 8550. Through this study, it will determine how the fisherfolk are guided

with the provisions of the stated laws in terms of their awareness level to the R.A. 8550. Further,
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

the fisherfolks perception on the extent of implementation of the fishery laws by the

implementors especially the Bureau of Fisheries and Aquatic Resources and the Local

Government Units particularly in the coastal towns of the province of Cagayan will assess the

effect of the services which include the programs, projects, and activities delivered in accordance

to the implementation of the laws to the awareness of the fisherfolk.

Statement of the Problem

Illegal fishing activities in the Philippines give a crisis in the fisheries sector. With these

human activities, fisheries and aquatic resources are threatened and eventually exploited.

However, in the need to salvage the left and still existing resources, laws are made to fully

realize the importance of conservation, protection and proper management of these resources.

Though laws are expected to bound humans actions, it is perceived that there are factors that

affect the effective implementation of the law and the adherence of the people, especially among

the fisherfolk, to these. Hence, to determine the effect of the Philippines fisheries Code of 1998

(R.A. 8550) in the fisheries sector, this study aims to answer the following:

1. What is the profile of the fisherfolk in terms of the following:

a) age;

b) sex;

c) socio-economic status;

d) highest educational attainment;and

e) fishery related trainings attended

2. What is the level of awareness of the respondents to the following provisions of R.A.

8550:

a) Utilization, Management, Development, Conservation and Allocation System

AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

b) Fishery Reserves, Refuge and Sanctuaries

c) Prohibitions and Penalties

3. How do the fisherfolk assess the extent of implementation of the prohibitions and

penalties of R.A.?

4. What are the existing programs, projects and activities of BFAR which entail the

provisions stated in item 2?

5. Are the fisherfolk aware of the existing programs, projects, and activities implemented by

BFAR and its partner Local Government Units (LGUs)?

6. Are there differences in the extent of awareness about the R.A. 8550 when respondents

are grouped by profile characteristics?

7. Are there significant differences in the assessment of respondents on the extent of

implementation of R.A. 8550?

8. Is there a significant relationship on the level of awareness of the fisherfolk on their

awareness on the programs, projects, and activities of BFAR?

9. Is there a significant relationship between extent of awareness and implementation of

R.A. 8550?

Significance of the Study

The Bureau of Fisheries and Aquatic Resources (BFAR) will benefit from the result of

this research because it will reveal how efficient is the agency in their campaign to increase the

awareness of the fisherfolk regarding the laws in fisheries which will hold them back from

attempting to do illegal fishing activities. From the result of this study, BFAR will also make

necessary initiatives to address and at least hinder the fisherfolk from doing harmful activities

that destroy the fisheries and aquatic resources.

AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

The fisherfolk will be able to know the impact of illegal fishing activities in the fisheries

and aquatic resources and with the result of the study, they will be further educated about the

prohibitions and penalties stated under the Philippines Fisheries Code of 1998.

The teachers will be able to impart to the youth the adverse effect of illegal fishing

activities in balancing the whole ecosystem especially in the fisheries sector.

The youth will be able to recognize the status of fisheries and aquatic resources and they

will be expected to influence one another to sustain the fisheries resources.

The future researchers will make this study as a guide for them to conduct a parallel study

related to this.

Literature Review

Behavioral Theories

Behavioral psychology focuses on the study and alteration of people's behaviors,

including their actions, emotions and thoughts. This branch, also known as behaviorism, relies on

the theory that mental and emotional disorders can be improved through behavior-modifying

techniques. Techniques that may be applied include cognitive restructuring, behavioral modeling

and, most commonly, classical and operant conditioning (Degree Directory Org, 2014).

Behaviorist Edward Tolman believed that individuals do more than merely respond to

stimuli; they act on beliefs, attitudes, changing conditions, and they strive toward goals(Mcleod,

2013).

Tolman also worked on latent learning, defined as learning which is not apparent in the

learner's behavior at the time of learning, but which manifests later when a suitable motivation

and circumstances appear. This theory was associated by Tolman with a motivation which is in a

form of rewards (incentives, recognitions, etc.).

AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

On the other hand, behavioral theorist Burrhus Frederick Skinner (1974) viewed the

environment as the ultimate cause of both the overt or observable behavior and covert or private

behaviors. He assumed that once we understand the manner in which the environment affects us,

we can change the environment so that it will exert a more beneficial influence on our behavior.

With B.F. Skinners assumptions, he had established the concept and effects of reinforcement and

punishment in behavioral psychology through his experiments using his operant conditioning

chamber. Skinner discovered that by using reinforcement and punishment, he could train his

animals to perform certain behaviors. He called this type of conditioning operant conditioning.

Operant conditioning formed the foundation of Skinner's theory of radical behaviorism and led to

him becoming one of the most important psychologists of the 20th century.

On the other hands, the Social Cognitive Theory(SCT) is founded based on behavioristic

principles that embraced an input-output model linked by an internal conduit that makes

behavior possible but exerts no influence of its own on behavior. In this view, human behavior

was shaped and controlled automatically and mechanically by environmental stimuli. This line of

theorizing was eventually put out of vogue by the advent of the computer, which likened the

mind to a biological calculator. This model filled the internal conduit with a lot of

representational and computational operations created by smart and inventive thinkers.

B.F. Skinners Operant Conditioning (Powell, Macdonald, & Symbaluk, 2002)

Operant Conditioning tells about the relations between environmental stimuli and our

own behavior; it is also called instrumental learning. The term operant refers to the fact that an

organism learns through responding- through operating on the environment. The principle behind

operant conditioning is already familiar. For instance, when a particular action has good

consequences, the action will tend to be repeated; when a particular action has bad consequences,
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

the action will tend not to be repeated. This concept was divided into two which are

reinforcement and punishment.

As stated by Mcleod (2013) reinforcement is any reaction to a behavior that encourages

the research subject to increase that behavior. There are two types of reinforcement - positive

reinforcement and negative reinforcement.

Positive reinforcement is what we might refer to as a reward; it is something desirable

that is given to the research subject after it performs the behavior. If you are trying to develop a

healthy eating and exercise routine, you may want to reward yourself after a week of meeting

your goals by going out with friends or buying a small gift for yourself. Once you have learned

that your good behavior will result in this reward, you are more likely to continue the good

behavior - this is positive reinforcement.

Negative reinforcement, on the other hand, results when an undesirable thing or action is

taken away after a behavior is performed. Imagine you always get cold when you go to a

particular movie theater. After a couple of experiences of being uncomfortably cold while

watching the latest movie, you may start to bring a sweater with you. The negative element of the

cold is removed and you are likely to continue bringing a sweater with you. The absence of the

cold reinforces your behavior.

One of Skinner's greatest contributions was discovering that the frequency of

reinforcement greatly affects how quickly and how permanently a behavior is reinforced. These

frequencies are called schedules of reinforcement. Skinner studied three schedules of

reinforcement: continuous, interval and ratio.

In the case of continuous reinforcement, reinforcement is provided after every correct

action. It results in rapid learning but may not create a lasting behavior. Interval reinforcement
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

provides reinforcement after a certain amount of time passes, and the amount of time that passes

between reinforcements can stay the same (fixed) or change (variable). Ratio reinforcement

refers to reinforcement after a certain number of correct responses. The number of correct

responses required can also be fixed or variable.

Republic Act 8550: The Fisheries Code of 1998 (BFAR, 2010)

The Republic Act (R.A.) 8550 or Fisheries Code of 1998 is an act providing for the

development, management and conservation of the fisheries and aquatic resources in the

Philippines.

In this policy of the state, it is thereby declared that a) food security should be considered

as the overriding consideration in the utilization, management, development, conservation and

protection of fishery resources in order to provide the food needs of the population. It is further

explained that a flexible policy towards the attainment of food security shall be adopted in

response to changes in demographic trends for fish, emerging trends in the trade of fish and other

aquatic products in domestic and international markets, and the law of supply and demand; b)

there should be a to limit access to the fishery and aquatic resources of the Philippines for the

exclusive use and enjoyment of Filipino citizens; c) it should be ensured the rational and

sustainable development, management and conservation of the fishery and aquatic resources in

Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas,

consistent with the primordial objective of maintaining a sound ecological balance, protecting

and enhancing the quality of the environment; d) rights of fisherfolk should be protected,

especially of the local communities with priority to municipal fisherfolk, in the preferential use

of the municipal waters. Such preferential use, shall be based on, but not limited to, Maximum

Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

ecological conditions, and shall be consistent with our commitments under international treaties

and agreements; e) support should be provided to the fishery sector, primarily to the municipal

fisherfolk, including women and youth sectors, through appropriate technology and research,

adequate financial, production, construction of post-harvest facilities, marketing assistance, and

other services. The protection of municipal fisherfolk against foreign intrusion shall extend to

offshore fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of

marine and fishery resources; f) there must be an observed management of fishery and aquatic

resources, in a manner consistent with the concept of an integrated coastal area management in

specific natural fishery management areas, appropriately supported by research, technical

services and guidance provided by the State; and g) the private sector should be granted the

privilege to utilize fishery resources under the basic concept that the grantee, licensee or

permittee thereof shall not only be a privileged beneficiary of the State but also active participant

and partner of the Government in the sustainable development, management, conservation and

protection of the fishery and aquatic resources of the country.

Utilization, Management, Development, Conservation and Allocation System of Fisheries and

Aquatic Resources

Article I: Municipal Fisheries

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government shall

have jurisdiction over municipal waters as defined in this Code. The municipal/city government,

in consultation with the FARMC shall be responsible for the management, conservation,

development, protection, utilization, and disposition of all fish and fishery/aquatic resources

within their respective municipal waters.

AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

The municipal/city government may, in consultation with the FARMC, enact appropriate

ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances

enacted by the municipality and component city shall be reviewed pursuant to Republic Act No.

7160 by the sanggunian of the province which has jurisdiction over the same.

The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery

ordinances enacted by the municipal/city council.

The management of contiguous fishery resources such as bays which straddle several

municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based

on political subdivisions of municipal waters in order to facilitate their management as single

resource systems. The LGUs which share or border such resources may group themselves and

coordinate with each other to achieve the objectives of integrated fishery resource management.

The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established

under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in

the management of contiguous resources.

Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk

organizations/cooperatives shall have preference in the grant of fishery rights by the

Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That

in areas where there are special agencies or offices vested with jurisdiction over municipal

waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna

Lake Development Authority and the Palawan Council for Sustainable Development, said offices

and agencies shall continue to grant permits for proper management and implementation of the

aforementioned structures.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

Section 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as

defined in this Code, shall be utilized by municipal fisherfolk and their

cooperatives/organizations who are listed as such in the registry of municipal fisherfolk.

The municipal or city government, however, may, through its local chief executive and acting

pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing

vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline

in municipal waters as defined herein, provided, that all the following are met:

(a) no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified

by the appropriate agency;

(b) fishing activities utilizing methods and gears that are determined to be consistent with

national policies set by the Department;

(c) prior consultation, through public hearing, with the M/CFARMC has been conducted; and

(d) the applicant vessel as well as the ship owner, employer, captain and crew have been certified

by the appropriate agency as not having violated this Code, environmental laws and related laws.

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 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of municipal

fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of

determining priorities among them, of limiting entry into the municipal waters, and of

monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall

submit to the LGU the list of priorities for its consideration.

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Such list or registry shall be updated annually or as may be necessary, and shall be posted in

barangay halls or other strategic locations where it shall be open to public inspection, for the

purpose of validating the correctness and completeness of the list. The LGU, in consultation with

the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures

that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise

recommend such mechanisms.

The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other

boat particulars with the assistance of the FARMC.

Section 20. Fisherfolk Organizations and/or Cooperatives. Fisherfolk

organizations/cooperatives whose members are listed in the registry of municipal fisherfolk, may

be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish

farming: Provided, however, That an organization/cooperative member whose household is

already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights

granted to the organization or cooperative.

Section 21. Priority of Resident Municipal Fisherfolk. - Resident municipal fisherfolk of the

municipality concerned and their organizations/cooperatives shall have priority to exploit

municipal and demarcated fishery areas of the said municipality.

Section 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.

Section 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
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

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.

Section 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.

Section 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 fishworkers on board

any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor

Code, as amended.

Article II: Commercial Fisheries

Section 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 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 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 said 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
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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 vessels 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.

Section 27. Persons Eligible for Commercial Fishing Vessel License. - No commercial fishing

vessel license shall be issued except to citizens of the Philippines, partnerships 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 vessels 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.

Section 28. Commercial Fishing Vessel Registration. - The registration, documentation,

inspection and manning of the operation of all types of fishing vessels plying Philippine waters

shall be in accordance with laws, rules and regulations.

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Section 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing. - Before a

commercial fishing vessel holding a commercial fishing vessel license may begin fishing

operations in Philippine waters, the fishing gear it will utilize in fishing shall be registered and a

license granted therefor. The Department shall promulgate guidelines to implement this provision

within sixty (60) days from approval of this Code.

Section 30. Renewal of Commercial Boat License. - The commercial fishing boat license shall be

renewed every three (3) years.

The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of

the license within which to renew the same.

Section 31. Report of Transfer of Ownership. - The owner/operator of a registered fishing vessel

shall notify the Department in writing of the transfer of the ownership of the vessel with a copy

of such document within ten (10) days after its transfer to another person.

Section 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing

vessels of Philippine registry may operate in international waters or waters of other countries

which allow such fishing operations: Provided, That they comply with the safety, manning and

other requirements of the Philippine Coast Guard, Maritime Industry Authority and other

agencies concerned: Provided, however, That they secure an international fishing permit and

certificate of clearance from the Department: Provided, further, That the fish caught by such

vessels shall be considered as caught in Philippine waters and therefore not subject to all import

duties and taxes only when the same is landed in duly designated fish landings and fish ports in

the Philippines: Provided, furthermore, That landing ports established by canneries, seafood

processors and all fish landing sites established prior to the affectivity of this Code shall be

considered authorized landing sites: Provided, finally, That fishworkers on board Philippine
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registered fishing vessels conducting fishing activities beyond the Philippine Exclusive

Economic Zone are not considered as overseas Filipino workers.

Section 33. Importation of Fishing Vessels or Construction of New Fishing Boats. - Prior to the

importation of fishing vessels and the construction of new fishing vessels, the approval/clearance

of the Department must first be obtained.

Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. - Municipal and

small-scale commercial fisherfolk shall be granted incentives which shall include, but are not

limited to, the following:

(a) at least ten percent (10%) of the credit and the guarantee funds of government financing

institutions shall be made available for post-harvest and marketing projects for the purpose of

enhancing our fisherfolk competitiveness by reducing post-harvest losses. Qualified projects

shall include, but shall not be limited to, ice plants, cold storage, canning, warehouse, transport

and other related infrastructure projects and facilities; and

(b) the Department shall undertake the following programs:

1. a capability-building program for targeted parties shall be developed by the Department to

promote greater bankability and credit worthiness of municipal and small-scale commercial

fishers. Such program shall include organizing activities, technology transfer, and skills training

related to commercial fishing as well as credit management. Groups and cooperatives organized

under the program shall have priority access over credit and guarantee funds established under

this Code; and

2. an information campaign shall be conducted to promote the capability building and credit

programs. The campaign shall ensure greater information dissemination and accessibility to

targeted fisherfolk.
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Section 35. Incentives for Commercial Fishers to Fish Farther into the Exclusive Economic

Zone. - In order to encourage fishing vessel operators to fish farther in the EEZ and beyond, new

incentives for improvement of fishing vessels and acquisition of fishing equipment shall be

granted in addition to incentives already available from the Board of Investments (BOI). Such

incentives shall be granted subject to exhaustive evaluation of resource and exploitation

conditions in the specified areas of fishing operations. The incentive shall include, but not be

limited to:

(a) long term loans supported by guarantee facilities to finance the building and acquisition

and/or improvement of fishing vessels and equipment;

(b) commercial fishing vessel operators of Philippine registry shall enjoy a limited period of tax

and duty exemptions on the importation of fishing vessels not more than five (5) years old,

equipment and paraphernalia, the period of exemption and guidelines shall be fixed by the

Department within ninety (90) days from the effectivity of this Code;

(c) commercial fishing operator of Philippine registry engaged in fisheries in the high seas shall

be entitled to duty and tax rebates on fuel consumption for commercial fisheries operations.

Guidelines shall be promulgated within ninety (90) days from the effectivity of this Code by the

Department; and

(d) all applicable incentives available under the Omnibus Investment Code of 1987: Provided,

That the fishing operation project is qualified for registration and is duly registered with the BOI.

Section 36. Complement of Fishing Vessels. - Every commercial fishing vessel of Philippine

registry when actually operated, shall be manned in accordance with the requirements of the

Philippine Merchant Marine rules and regulations.

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Section 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provided

with adequate medical supplies and life-saving devices to be determined by the Occupational

Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT or more shall have

as a member of its crew a person qualified as a first aider duly certified by the Philippine

National Red Cross.

Section 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record

of fish catch and spoilage, landing points, and quantity and value of fish caught, and off-loaded

for transshipment, sale and/or other disposal. Detailed information shall be duly certified by the

vessel's captain and transmitted monthly to the officer or representative of the Department, at the

nearest designated landing point.

Section 39. Report of Meteorological and Other Data. - All vessels and crafts passing

navigational lanes or engaged in fisheries activity shall be required to contribute to

meteorological and other data, and shall assist the Department in documentation or reporting of

information vital to navigation and the fishing industry.

Section 40. Color Code and Radio Frequency. - For administrative efficiency and enforcement of

regulations, registered fishing vessels shall bear a color code as may be determined by the

Department and may be assigned a radio frequency specific and distinct to its area of operation.

Section 41. Passage. - Commercial and other passage not in the regular conduct of fisheries

activity shall be made at designated navigational lanes.

Section 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and sea

facilities available in the Philippines to transport fishery products which are caught outside

Philippine territorial waters to its final destination shall call only at duly designated government-

owned or -controlled regional fishport complexes after securing clearance from the Department.
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Section 43. Operation of Radio Communication Facilities on Board Fishing Vessels. - The

Department shall promulgate guidelines in the operation of radio communication facilities on

board fishing vessels and the assignment of radio frequencies specific and distinct to area of

operation in coordination with the National Telecommunications Commission.

Section 44. Use of Superlight. - The number and wattage of superlights used in commercial

fishing vessels shall be regulated by the Department: Provided, That the use of superlights is

banned within municipal waters and bays.

Article III: Aquaculture

Section 45. Disposition of Public Lands for Fishery Purposes. - Public lands such as tidal

swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not

be disposed or alienated. Upon effectivity of this Code, FLA may be issued for public lands that

may be declared available for fishpond development primarily to qualified fisherfolk

cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the

current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in

the utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any

Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as

well as small and medium enterprises as defined under Republic Act No. 8289: Provided, further,

That the Department shall declare as reservation, portions of available public lands certified as

suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes:

Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or

fish traps shall be allowed in lakes.

Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk

organizations/cooperatives shall be subject to the following conditions:

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(a) Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250

hectares for corporations or fisherfolk organizations;

(b) The lease shall be for a period of twenty-five (25) years and renewable for another twenty-

five (25) years: Provided, That in case of the death of the lessee, his spouse and/or children, as

his heirs, shall have preemptive rights to the unexpired term of his Fishpond Lease Agreement

subject to the same terms and conditions provided herein provided that the said heirs are

qualified;

(c) Lease rates for fishpond areas shall be determined by the Department: Provided, That all fees

collected shall be remitted to the National Fisheries Research and Development Institute and

other qualified research institutions to be used for aquaculture research development;

(d) The area leased shall be developed and producing on a commercial scale within three (3)

years from the approval of the lease contract: Provided, however, That all areas not fully

producing within five (5) years from the date of approval of the lease contract shall automatically

revert to the public domain for reforestation;

(e) The fishpond shall not be subleased, in whole or in part, and failure to comply with this

provision shall mean cancellation of FLA;

(f) The transfer or assignment of rights to FLA shall be allowed only upon prior written approval

of the Department;

(g) The lessee shall undertake reforestation for river banks, bays, streams, and seashore fronting

the dike of his fishpond subject to the rules and regulations to be promulgated thereon; and

(h) The lessee shall provide facilities that will minimize environmental pollution, i.e., settling

ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean

cancellation of FLA.
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Section 47. Code of Practice for Aquaculture. - The Department shall establish a code of practice

for aquaculture that will outline general principles and guidelines for environmentally-sound

design and operation to promote the sustainable development of the industry. Such Code shall be

developed through a consultative process with the DENR, the fishworkers, FLA holders,

fishpond owners, fisherfolk cooperatives, small-scale operators, research institutions and the

academe, and other potential stakeholders. The Department may consult with specialized

international organizations in the formulation of the code of practice.

Section 48. Incentives and Disincentives for Sustainable Aquaculture Practices. - The

Department shall formulate incentives and disincentives, such as, but not limited to, effluent

charges, user fees and negotiable permits, to encourage compliance with the environmental

standards and to promote sustainable management practices.

Section 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. - The

DENR, in coordination with the Department, LGUs, other concerned agencies and FARMCs

shall determine which abandoned, underdeveloped or underutilized fishponds covered by FLAs

can be reverted to their original mangrove state and after having made such determination shall

take all steps necessary to restore such areas in their original mangrove state.

Section 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond lease

agreements who have acquired citizenship in another country during the existence of the FLA

shall have their lease automatically cancelled and the improvements thereon to be forfeited in

favor of the government and disposed of in accordance with rules and regulations promulgated

thereon.

Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the

Culture of Fish and Other Fishery Products. - Fish pens, fish cages, fish traps and other structures
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for the culture of fish and other fishery products shall be constructed and shall operate only

within established zones duly designated by LGUs in consultation with the FARMCs concerned

consistent with national fisheries policies after the corresponding licenses thereof have been

secured. The area to be utilized for this purpose for individual person shall be determined by the

LGUs in consultation with the concerned FARMC: Provided, however, That not over ten percent

(10%) of the suitable water surface area of all lakes and rivers shall be allotted for aquaculture

purposes like fish pens, fish cages and fish traps; and the stocking density and feeding

requirement which shall be controlled and determined by its carrying capacity: Provided, further,

That fish pens and fish cages located outside municipal waters shall be constructed and operated

only within fish pen and fish cage belts designated by the Department and after corresponding

licenses therefor have been secured and the fees thereof paid.

Section 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing pearl farm

leases shall be respected and allowed to operate under the terms thereof. New leases may be

granted to qualified persons who possess the necessary capital and technology, by the LGUs

having jurisdiction over the area.

Section 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar

Structures. - No new concessions, licenses, permits, leases and similar privileges for the

establishment or operation of fish pens, fish cages, fish corrals/traps and other similar structures

in municipal areas shall be granted except to municipal fisherfolk and their organizations.

Section 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish cages

and fish pens shall be covered under the insurance program of the Philippine Crop Insurance

Corporation for losses caused by force majeure and fortuitous events.

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Section 55. Non-Obstruction to Navigation. - Nothing in the foregoing sections shall be

construed as permitting the lessee, licensee, or permittee to undertake any construction which

will obstruct the free navigation in any stream, river, lakes, or bays flowing through or adjoining

the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from the

area. Any construction made in violation hereof shall be removed upon the order of the

Department in coordination with the other government agencies concerned at the expense of the

lessee, licensee, or occupants thereof, whenever applicable. The Department shall within thirty

(30) days after the effectivity of this Code formulate and implement rules and regulations for the

immediate dismantling of existing obstruction to navigation.

Section 56. Non-Obstruction to Defined Migration Paths. - Nothing in the foregoing sections

shall be construed as permitting the lessee, permittee, or licensee to undertake any construction

which will obstruct any defined migration path of migratory fish species such as river mouths

and estuaries with a distance determined by the concerned LGUs in consultation with and upon

the recommendation of the FARMCs.

Section 57. Registration of Fish Hatcheries and Private Fishponds, etc. - All fish hatcheries, fish

breeding facilities and private fishponds must be registered with the LGUs which shall prescribe

minimum standards for such facilities in consultation with the Department: Provided, That the

Department shall conduct a yearly inventory of all fishponds, fish pens and fish cages whether in

public or private lands: Provided, further, That all fishpond, fish pens and fish cage operators

shall annually report to the Department the type of species and volume of production in areas

devoted to aquaculture.

Article IV: Post-Harvest Facilities, Activities and Trades

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Section 58. Comprehensive Post-harvest and Ancillary Industries Plan. - The Department shall

conduct a regular study of fisheries post-harvest operations and ancillary industries, in the

formulation of a comprehensive plan for post-harvest and ancillary industries. It shall take into

account among others, the following:

(a) detailed and clear guidelines on the distribution, construction, maintenance and use of post-

harvest infrastructure facilities;

(b) extension of credit and incentives for post-harvest operations;

(c) promotion and strengthening of semi-processing, processing and handling;

(d) development of domestic fishmeal industry;

(e) development of fisheries ship-building and repair as a viable industry;

(f) development and strengthening of marketing facilities and activities, including the pricing

system, with emphasis on collective marketing and the elimination of middlemen;

(g) increased participation of cooperatives and non-governmental organizations in post-harvest

operations and ancillary industries; and

(h) integration of fisheries post-harvest operations into the national fisheries plan.

Section 59. Establishment of Post-Harvest Facilities for Fishing Communities. - The LGUs shall

coordinate with the private sector and other concerned agencies and FARMCs in the

establishment of post-harvest facilities for fishing communities such as, but not limited to,

municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing

establishments to serve primarily the needs of municipal fisherfolk: Provided, That such post-

harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary

Industries Plan.
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Section 60. Registration and Licensing of all Post-Harvest Facilities. - All post-harvest facilities

such as fish processing plants, ice plants, and cold storages, fish ports/landings and other fishery

business establishments must register with and be licensed by the LGUs which shall prescribe

minimum standards for such facilities in consultation with the Department.

Section 61. Importation and Exportation of Fishery Products. -

(a) Export of fishery products shall be regulated whenever such exportation affects domestic

food security and production: Provided, That exportation of live fish shall be prohibited except

those which are hatched or propagated in accredited hatcheries and ponds;

(b) To protect and maintain the local biodiversity or ensure the sufficiency of domestic supply,

spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be

determined by the Department, shall not be exported or caused to be exported by any person;

(c) Fishery products may be imported only when the importation has been certified as necessary

by the Department in consultation with the FARMC, and all the requirements of this Code, as

well as all existing rules and regulations have been complied with: Provided, That fish imports

for canning/processing purposes only may be allowed without the necessary certification, but

within the provisions of Section 61(d) of this Code; and

(d) No person, shall import and/or export fishery products of whatever size, stage or form for any

purpose without securing a permit from the Department.

The Department in consultation with the FARMC shall promulgate rules and regulations on

importation and exportation of fish and fishery/aquatic resources with the Government's

export/import simplification procedures.

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Section 62. Instruments of Weights and Measures, and Quality Grades/Standards. - Standards for

weights, volume and other measurements for all fishery transactions shall be set by the

Department.

All fish and fishery products for export, import and domestic consumption shall meet the quality

grades/standards as determined by the Department.

The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful

possession or use of instruments of weights and measures.

Creation of Fisheries and Aquatic Resources Management Councils

ARTICLE II: THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS

(FARMCs)

Section 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. -

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. Creation of Fisheries and Aquatic Resources Management Councils (FARMCs). -

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

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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. Terms of Office. - 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. Functions of the NFARMC. - 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 Municipal/City Fisheries and Aquatic Resources Management Councils

(M/CFARMCs). - The M/CFARMCs shall be created in each of the municipalities and cities
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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. Functions of the M/CFARMCs. - 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. Composition of the M/CFARMC . - 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

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(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 Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs).

- The IFARMCs shall be created in bays, gulfs, lakes and rivers and dams bounded by two (2) or

more municipalities/cities.

Section 77. Functions of the IFARMCs. - 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. Composition of the IFARMCs. - 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;

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(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. Source of Funds of the FARMCs. - A separate fund for the NFARMC, IFARMCs and

M/CFARMCs shall be established and administered by the Department from the regular annual

budgetary appropriations.

Fishery Reserves, Refuge and Sanctuaries

Section 80. Fishing Areas Reserves for Exclusive Use of Government. - The Department may

designate area or areas in Philippine waters beyond fifteen (15) kilometers from shoreline as

fishery reservation for the exclusive use of the government or any of its political subdivisions,

agencies or instrumentalities, for propagation, educational, research and scientific purposes:

Provided, That in municipalities or cities, the concerned LGUs in consultation with the FARMCs

may recommend to the Department that portion of the municipal waters be declared as fishery

reserves for special or limited use, for educational, research, and/or special management

purposes. The FARMCs may recommend to the Department portions of the municipal waters

which can be declared as fisheries reserves for special or limited use for educational, research

and special management purposes.

Section 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge and

sanctuaries to be administered in the manner to be prescribed by the BFAR at least twenty-five

percent (25%) but not more than forty percent (40%) of bays, foreshore lands, continental shelf
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or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat

and the spawning grounds of fish. Within these areas no commercial fishing shall be allowed. All

marine fishery reserves, fish sanctuaries and mangrove swamp reservations already declared or

proclaimed by the President or legislated by the Congress of the Philippines shall be

continuously administered and supervised by the concerned agency: Provided, however, That in

municipal waters, the concerned LGU in consultation with the FARMCs may establish fishery

refuge and sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries:

Provided, further, That at least fifteen percent (15%) where applicable of the total coastal areas in

each municipality shall be identified, based on the best available scientific data and in

consultation with the Department, and automatically designated as fish sanctuaries by the LGUs

in consultation with the concerned FARMCs.

Prohibitions and Penalties

The Important Role of Communities in the Management of Philippine Coastal Resources

Management of resources by the national level agencies has failed to curtail the degradation and

overexploitation of coastal resources that is widespread in the Philippines (White and Cruz-

Trinidad, 1998). Current conditions of coastal resources in the Philippines indicate a high level

of degradation primarily from the destructive fishing practices, overexploitation, siltation,

pollution, and habitat loss. These problems result from a de facto open access system, lack of an

integrated framework for coastal resource protection at the national and local level, low level of

public awareness, and economic hardships in coastal communities (Malena, Atchue and Yao,

2000).

Coastal Management Concepts

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The trend in coastal management is to become more integrated across habitats and sectors and

more focused on community-based or local level management rather than centralized approaches

(Christie and White, 1997; Cicin- Sain and Knecht, 1998).The concepts of integrated coastal

management (ICM), community-based management, and co-management are summarized here

(Department of Environment and Natural Resources, Bureau of Fisheries and Aquatic Resources

of the Department of Agriculture, and Department of the Interior and Local Government, 2001):

Integrated coastal management

Because of the complexity of the coastal environment and the many issues that must be

addressed, coastal management must be integrated across habitats and include land-based

activities that affect the coastal zone, as well as integrated among government units and sectors.

ICM aims to achieve sustainable use and management of economically and ecologically valuable

resources in coastal areas and considers interaction among and within resource systems as well

as those humans and their environment (White and Lopez,1991).

Community-based coastal resource management

In contrast to centralized planning and authority, community-based coastal resource management

(CB-CRM) approaches involve local resource users and community members in active

management and responsibility for coastal resources. CB-CRM implies that individuals, groups,

and organizations have a major role, responsibility, and share in the resource management and

decision-making process. CB-CRM is based on the premise that local users, if empowered to

have responsibility for their resources, will act responsibly and in their own best interest to

manage the resource in sustainable ways and enforce community-derived rules. By taking

responsibility for monitoring and enforcement, the community has a sense of ownership and

power over local resource conditions. CB-CRM approaches evolved in response to the failure of
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more centralized approaches and the recognition that local management (or bottom-up

approaches) maybe more effective in many cases (Christie and White, 1997).

Collaborative or co-management of coastal resources

Co-management (or collaborative management) is, in reality, how management is usually is

usually done and is considered to incorporate features of top-down and bottom-up

approaches in the collaborative process whereby governments (especially local governments)

and communities share responsibility for CRM and work together in a dynamic partnership. Co-

management is based on the participation of all individuals and groups that have a stake in the

management of the resource. Social, cultural, and economic objectives are integral part of the

management framework. Government retains responsibility for overall policy and coordination

functions while the local community plays a large role in day to day management (White et al.,

1994).

Philippine National Aquasilvi Program (PNAP)

The Philippine National Aquasilviculture Program (PNAP) is a banner program of the

department of Agriculture (DA) being implemented by the Bureau of fisheries and Aquatic

Resources (BFAR). To implement the PNAP, a Memorandum of Agreement was executed by and

between BFAR and the Commission on Higher Education (CHED) on December 11,2011. The

program concept is primarily mangrove resource rehabilitation and livelihood provision to help

address climate change, food security and poverty among municipal/artisanal coastal fisherfolk.

To achieve its goals and objectives, the BFAR identified three strategic interventions, such as: 1)

replanting of destroyed mangrove resources; 2) establishment of community-based multi-species

hatcheries (CBMSH), and 3) provision of aquasilviculture livelihood projects to fisherfolk-

beneficiaries throughout the country. As envisioned, the BFAR shall provide support funds for
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the establishment, operation and management of the PNAP while CHED shall provide logistical

support during program implementation. The program covers at least 71 State Universities and

Colleges (SUCs) and 61 provinces throughout the country. Potential areas targeted by the PNAP

are abandoned, undeveloped and underutilized (AUUs) fishpond lease agreements (FLAs) and

Department of Environment and Natural Resources (DENR) identified areas (Key Biodiversity

Areas, reforestation areas and co-management agreement areas) from BFAR coastal regions 1 to

13 and ARMM. Participating agencies are DA-BFAR Regional Fisheries Offices (RFOs) and

Provincial Fisheries Offices (PFOs), CHED (SUCs) DENR Provincial Environment and Natural

Resources Offices (PENRO) and Community Environment and Natural resources Offices

(CENRO), and the Local Government Units (LGUs) in the provinces and municipalities. Target

beneficiaries for the aquasilviculture livelihood projects are at least 1,000 coastal fisherfolk and

for the community-based multi-species hatcheries are 64 SUCs who were signatories to the

MOA. For mangrove rehabilitation, the PNAP will involve the coastal fisherfolk in the planting

of 100 million propagules for the next 3-4 years. Funding support from BFAR is P6.00 per

surviving propagule, P1.2 million each per SUC for the establishment and operation of CBMSH

and P65, 000 per aquasilviculture project.

Illegal Unregulated Unreported Fishing (IUUF)

In the context of the Code of Conduct for Responsible Fisheries and its overall objective of

sustainable fisheries, the issue of illegal, unreported and unregulated (IUU) fishing in world

fisheries is of serious and increasing concern. IUU fishing undermines efforts to conserve and

manage fish stocks in all capture fisheries. When confronted with IUU fishing, national and

regional fisheries management organizations can fail to achieve management goals. This

situation leads to the loss of both short and long-term social and economic opportunities and to
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negative effects on food security and environmental protection. IUU fishing can lead to the

collapse of a fishery or seriously impair efforts to rebuild stocks that have already been depleted.

Existing international instruments addressing IUU fishing have not been effective due to a lack

of political will, priority, capacity and resources to ratify or accede to and implement them.

International Plan of Action to Prevent, Deter and Eliminate, Illegal, Unreported and unregulated

Fishing

Nature and Scope of IUU Fishing and the international Plan of Action

Objectives and Principles of Anti- IUUF Campaign

Implementation of Measures to Prevent, Deter and Eliminate IUU Fishing

Conceptual Framework

This study is generally anchored on the concept of Behavioral Psychology which points

out that human beings actions or behaviors are guided by laws existing in their respective
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environment. This belief rests on assumptions that behavior is lawful by which peoples behavior

is entirely affected by their environment and if the laws of behavior are known, it is more likely

that behavior can be controlled (Recio, Mejico and Aonuevo, 2004).

According to Torell and Salamanca (2002), one way to control the behavior of the people

and make them fully aware of their environment is through community participation. The two

further emphasized that community participation is crucial to the success of any regulatory

program. In this case, there is a higher probability of success when the community, the people, is

involved at the earliest stages of the implementation of any regulatory programs through the

launching of different activities, programs and the like.

However, though behaviors can be controlled by the laws existing in the environment,

increased in the possibility of awareness and strict adherence to the law are still triggered by

some coercion or physical force (punishment) and reinforcements in a form of praise,

recognition, incentives and etc. Hence to achieve this full capacity to control the desirable

peoples behavior, implementers and administrators or leaders entice them with different forms

of incentives. This further support the claims of Watson and Tharp (1985) that there is a

considerable agreement that behavior is at least partially lawful- that the environment in which

people find themselves can substantially alter how they behave. If they discover the laws relating

behavior to the environment, there seems little doubt that their capacity to control behavior

would increase.

This was explicitly supported by Tolmans Latent Learning theory wherein it claims that

human learning and awareness are not exhibited in overt performance until there is an incentive

to do so. Therefore unlike animals, peoples behaviors to learn and become fully aware of their

environment are always enforced by reinforcement or any forms of coercion.

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Behavioral theorist B.F. Skinner supports Tolmans theory when he expounded his views

on his operant conditioning concept. Skinner stated in this perspective that peoples behavior are

affected by some environment factors which trigger them to control and exhibit such behavior.

Thus, he claimed that reinforcement and punishment has a huge role in controlling humans

behavior towards an environment situation (Carlson and Buskist, 1997).

Also, the perspective of Social Cognitive Theory (SCT) on how both environmental and

cognitive factors interact to influence human learning and behavior is helpful in this study.

Theorists of SCT also assert that expectationsof future reinforcements and punishments can have

a major impact on the behaviors that people exhibit (Ormrod, 2004).

Hence this study adheres to the concept of Behavioral Psychology particularly on

Tolmans Latent Learning Theory and Piagets Conditioning Theory specifically on assimilation

and accommodation; and on the idea of SCT where this perceives the influence of the society,

environment, to the learning behavior of the people.

With the theories and concepts presented here, this study views that problems on fisheries

sector particularly on illegal fishing activities and exploitation of fishery and aquatic resources

are attributed by the fisherfolks lack of awareness to the existing fishery laws, the punishment

and penalties imposed, which is assumed to be due to the lax implementation of the provisions of

the Philippines Fishery Code of 1998 to be exact. Using the typologies of Social Cognitive

Theory and Behavioral Theories will determine the effect or influence of the existing programs,

projects, and activities of the Bureau of Fisheries and Aquatic Resources in increasing the

awareness level of fisherfolk about the R.A. 8550 which will stop the activities which damage

the fishery and aquatic resources.

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Based from the theories presented in this paper, they note that awareness and actions of

humans are influenced by the activities conducted in their locality which has relevance to the

concepts stipulated in such law for instance their awareness of the laws existing in the

government are influenced by the concrete/strong implementation of activities conducted relative

to a particular law.

On the other hand, it is also perceived that some variables can influence the awareness

level of the people in regulatory programs like their age, sex, socio-economic status, educational

attainment, sources of income, and trainings attended.

First, the older the person is, it is perceived that he/she has a wider knowledge of what is

happening around him/her. Second, girls tend to be more assertive in terms of knowing the

happenings in their environment. Third, the poorer the person is the greater is the probability that

they are enticed with incentives. Next, the higher educational attainment of the person has,

he/she is more abreast to knowledge. Lastly, the more training a person had attended will

definitely mean the greater knowledge he/she knows.

Programs, Projects, and

Activities (PPAs) of the
Bureau of Fisheries and
Aquatic Resources with
relevance to the provisions
stipulated in the Philippines
Fisheries Code (R.A. 8550)

Philippine National
Aquasilviculture Program
(PNAP)
Fisheries and Aquatic
The expected relationship of the variables in the study is shown in Figure 1.
Resources Management
Council
Independent
Post-Harvest Variable
Activities Dependent Variable
Illegal, Unreported,
Unregulated Fishing Level of Awareness of
(IUUF) Fisherfolk and Extent of
Implementation of R.A. 8550
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

Profile of the respondents as

to:

age
sex
socio-economic status
highest educational
attainment
fishery-related
trainings attended

Figure 1. The conceptual model of the study.

Research Hypothesis

a. There is no difference in the extent of awareness about the R.A. 8550 when respondents
are grouped by profile characteristics.
b. There is no significant difference in the assessment of respondents on the extent of
implementation of R.A. 8550.
c. There is no significant effect/ relationship on the level of awareness of the fisherfolk on
their awareness on the programs, projects, and activities of BFAR.
d. There is no significant relationship between extent of awareness and implementation of
R.A. 8550.

Chapter II

METHOD

Study Design
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

This study will use mixed method since it will require the collection of numerical and

non-numerical data to clearly draw answers to the problems mentioned in this study. Also, it will

specifically use Descriptive Comparative and Descriptive Correlational.

As to the use of Descriptive Comparative Method, it is designed to compare the level and

extent of awareness of fisherfolk about the provisions of R.A. 8550 when they are be grouped by

profile characteristics. Also, it is intended to determine the comparison on the fisherfolk

assessment to the extent of implementation of the prohibitions and penalties of R.A. 8550.

Moreover, it will be used to determine the differences in the assessment of respondents on the

extent of implementation of R.A. 8550. Lastly, this will also guide the researcher in determining

the comparison as to the relationship of the level of awareness of the fisherfolk on their

awareness on the programs, projects, and activities of BFAR and the relationship between the

extent of awareness and extent of implementation of R.A. 8550 as perceived by the respondents.

Informants/Respondents

The informants of the study will be drawn from the list of registered fisherfolk

organizations recorded by the Bureau of Fisheries and Aquatic Resources.

However, considering the time-frame of conducting this research, the researcher will only

select at least five coastal municipalities of Cagayan Province through a stratified systematic

random sampling.

Also, from the five selected coastal towns, there will only be 10 respondents to be chosen

by means of purposive sampling method to ensure that the respondents are really a full-time

fisherfolk.

Instruments
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

The researcher will make use of a designed survey questionnaire. The questionnaire will

be divided into four parts. The first part will solicit the informants profile; the second part will

determine their awareness on the programs, programs, and activities which have relevance on the

provisions of R.A. 8550; the third will determine the awareness level of the respondents to

theUtilization, Management, Development, Conservation and Allocation System, Fishery

Reserves, Refuge and Sanctuaries, and Prohibitions and Penalties, all are provisions stated in

Philippines Fisheries Code of 1998; and the last part ascertains the assessment of the informants

about the extent of implementation of the prohibitions and penalties of R.A. 8550.

From the second part to the third part, likert scales of one to seven will be used with the

following adjective value:

7- strongly aware

6- slightly aware

5- aware

4- strongly unaware

3- slightly unaware

2- unaware

1- Never aware

Meanwhile, on the last part likert scales of one to seven will also be used with the

following adjective value:

7- strongly implemented

6- slightly implemented

5- implemented
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

4- strongly unimplemented

3- slightly unimplemented

2- unimplemented

2- Never implemented

Data Collection Procedures

The informants will be selected from the five coastal towns with 10 each. The floating of

questionnaire will be done on five different scheduled days.

After floating the questionnaire, the researcher will let the informant answer the four

parts of the questionnaire on site. If done, the researcher will also conduct an interview with the

respondents to solicit relevant information to back up result of the questionnaire.

When the researcher completed the 50 numbers of target informants, the researcher is

ready to tabulate the result and after which ask pieces of advice to her research adviser on the

best way to do with the data.

Data Analysis

The data which will be gathered will undergo statistical treatment to determine the

relationship of the independent variable and the dependent variable.

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AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550

APPENDIX