Published — March 1, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After learning about fishing in municipal water, read: ALLOWING ONE TO ENJOY ANOTHER’S PROPERTY
-
The Local Government Unit shall maintain a registry of municipal fisherfolks
-
The duly registered fisherfolk organizations are preferred in the grant of fishery rights
-
Resident municipal fisherfolk and their organization shall have the priority to exploit municipal fishery areas
Many men go fishing all their lives without knowing it’s not the fish they are after. – Henry David Thoreau
Fishing is among the important source of livelihood in the country. Since fishing is with the use of Philippine waters, the Philippine Fisheries Code of 1998 was enacted to ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in the Philippines.
Under the Philippine Fisheries Code, municipal fisherfolk are persons who are directly or directly engaged in municipal fishing and other related fishing activities within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels.
What are municipal waters?
The law says:
Municipal waters include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 or the National Integrated Protected Areas System Act, public forest, timber lands, forest reserves or fishery reserves, but also marine waters.
What is the relationship of municipal fisherfolk to municipal waters?
The law says:
All fishery related activities in municipal waters shall be utilized by municipal fisherfolk and their cooperatives or organizations who are listed as such in the registry of municipal fisherfolk. Take note that the Local Government should maintain a registry of municipal fisherfolk who are fishing or may desire to fish in municipal waters. Such maintenance of registry is for the purpose of determining priorities among the fisherfolk, of limiting entry into the municipal waters, and of monitoring fishing activities. 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.
Based on the above, it is important to know that fisherfolk should be registered to enjoy all the fishing privileges that the Local Government Unit may extend such as the priority of resident municipal fisherfolk to exploit municipal and demarcated fishery areas of the corresponding municipality. However, if the organization or 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.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
SUBSCRIBE NOW FOR MORE LEGAL UPDATES!
[email-subscribers-form id=”4″]