engage in fish capture, mariculture and/or fish farming. Such registry will be
updated annually and shall be available for public inspection.
n Fisherfolk settlements. Section 108 of the Code mandates the creation
of fisherfolk settlement areas, to be located in certain areas of the public
domain, near fishery areas.
n Protection of fishworkers. Fishworkers in commercial fishing are entitled to
the benefits and privileges accorded to other workers under the Labor Code
and other laws or social legislation for workers.
n Support services to municipal fisherfolk. BFAR and the LGUs are to provide
support to municipal fisherfolk through appropriate technology and
research, credit, production and marketing assistance and other services
such as training supplementary livelihood.
Civil society review of RA 8550. In anticipation of the possible mandatory review
of RA 8550, in 2004 the NGOs for Fisheries Reform (NFR) conducted consultations
to critically analyze the contents of the law and to draw up recommendations.
Some of these were:21
n On Declaration of Policy: from “to achieve food security as the overriding
consideration…” to “to ensure the sustainability of the country’s fisheries and
aquatic resources that will guarantee food security”
n On Definition of Fisherfolk: from “people directly or personally and physically
engaged…” to “men and women directly or personally and physically
engaged…”
n On Definition of Municipal Waters: to include the phrase “where the territory of
a municipality includes several islands, the outer most points of such islands shall
be used as base points and connected by archipelagic baselines, irrespective of
the lengths of such baselines from the main coastline.”
n On Section 108 on Fisherfolk Settlement Areas: The NFR drafted a proposed
revision that would require that certain areas of the public domain,
specifically near the fishing grounds, be reserved for the settlement of the
municipal fisherfolk. But in the absence thereof, that Fisherfolk Settlement
areas shall be established on private lands, subject to the payment of just
compensation. Preference shall be given primarily to municipal fisherfolk
who are members of fisherfolk cooperatives and organizations. Moreover,
the NFR recommended that the DENR in consultation with the LGUs shall
prepare an inventory of lands in the public domain along coastal areas
for fisherfolk settlements. The proposal also sought to protect municipal
fisherfolk against eviction and demolition, unless several safeguards were
met, including proper resettlement.
Note: NFR proposals are highlighted in italics.
21
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Status of Land and Resource Tenure Reform in the Philippines 2018
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