Published — March 8, 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.
Aside from knowing the incentives, learn more about commercial fisheries: ON COMMERCIAL FISHERIES
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Commercial Fishers may fish farther in the Exclusive Economic Zone
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Incentives such as long-term loans may be given to commercial fishers
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Each commercial fishing vessel shall keep a daily record of fish spoilage
May commercial fishers fish farther in the Exclusive Economic Zone and beyond?
First, know what is an Exclusive Economic Zone or the so called EEZ. Exclusive Economic Zone is an area beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical miles from the baselines.
To repeat the question above, may commercial fishers fish farther in the EEZ?
The law says:
Yes.
In order to encourage fishing vessel operators to fish farther in the EEZ and beyond, 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:
- long term loans supported by guarantee facilities to finance the building and acquisition and/or improvement of fishing vessels and equipment;
- 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;
- 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; and
- 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.
Also, there are incentives provided for Municipal and Small-Scale Commercial Fisherfolk which shall include but are not limited to the following:
- 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
- the Department of Agriculture shall undertake the following programs:
- a capability-building program for targeted parties shall be developed by the DA 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
- 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.
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.
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