When the mandatory review did not happen on the fifth year of the Fisheries
Code, NFR and its partner organizations decided not to actively call for one as
the mandatory review could also threaten the favorable provisions of the Code.
Related tenure reform policies. The Fisheries Code of 1998 highlights the
principles of decentralized local governance, community-based resource
management, and preference for smallholders in granting access and tenure
rights to public domain areas on which their livelihoods depend. These are
consistent with earlier laws and programs, specifically the Local Government
Code of 1991 and Executive Order 263 of 1995 on CBFM.
Executive Order 263 establishes community-based forest management as the
national strategy in recognition of indispensable role of local communities in
forest protection, rehabilitation, development and management. Participating
organized communities are granted access to forestland resources under longterm tenurial agreements (25 years, renewable for another 25 years) using
environment-friendly and sustainable harvesting methods as stipulated in a
site-specific management plan. Mangroves, as part of forest resources, may also
be covered by CBFM agreements that can be availed by organized fisherfolk
communities.
BFAR Fisheries Administrative Order 197-1 of 2000 gives preference to fisherfolk
organizations as well as micro, small and medium enterprises (MSMEs) in the lease
of public lands for fishponds and mangrove-friendly aquaculture through the
issuance of FLAs and MASCs. Among the notable terms of the leases are annual
rentals to be paid by the lessee to the government, and the required production
quotas (in kilograms per hectare). Leases may be cancelled on grounds
that include: violation of fishery laws, non-adherence to good aquaculture
practices, sub-leasing or development of the area for other purposes, as well as
abandonment, and non-development or underutilization of the area.
Republic Act 10654 of 2014 amended the Fishery Code strengthened measures
to prevent and deter illegal, unreported and unregulated fishing. It increased
the penalties for commercial fishing violators and poachers, and mandated
the installation of monitoring, control and surveillance systems on all flagged
Philippine fishing vessels.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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