Policies and Guidelines on the

Regulation and Monitoring of Fishery

Activities in Municipal Waters

LGOO V KENNETH C. TINDUNGAN

DILG-CAR, BAGUIO CITY
January 22, 2019
DILG MC No. 2018-59
April 23, 2018
Title: Policies and Guidelines on the Regulation and Monitoring of Fishery
Activities in Municipal Waters

Background: a.) Art XII, Sec 2, 1987 Philippine Constitution;

b.) 4th Premise (Whereas Clause) of PD No. 1067;
c.) PDP 2017-2022;
d.) Philippine Agenda 21; and
e.) Sec 16, RA 7160 (Local Government Code of the Philippines)
DILG MC No. 2018-59
April 23, 2018
Purpose: a. ) to ensure that Local Government Units (LGUs) play an active
role and be accountable in the monitoring and regulation of
fishery activities in municipal waters

b.) to remind LGUs to exercise their powers in ensuring that the

law is strictly enforced, followed and implemented

c.) to enjoin LGUs to undertake the responsibility of improving the

management of water resources within their territorial
jurisdiction
DILG MC No. 2018-59
April 23, 2018
Legal Compliance: a.) Sec 149 of RA 7160 (LG Code)
b.) Sec 16 of RA 8550 as amended by RA 10654 (Fisheries
Code)
c.) Sec 20 of RA 9275 (Philippine Clean Water Act)

Scope/Coverage: a.) City/Municipal Mayors and Punong Barangays to

observe the policies and guidelines on the monitoring
and regulation of fishery activities in municipal waters
b.) DILG Regional Directors to ensure that LGUs comply
with the policies and guidelines set forth in the MC
DILG MC No. 2018-59
April 23, 2018
Policy Content
a.) on the establishment of FARMCs
i.) B/C/MFARMCs shall be created pursuant to EO No 240 s. 1995;
integrated FARMCs for LGUs sharing municipal waters; and LGUs to
provide full support and assistance to fisherfolk organizations/coop and
NGOs in its formation when no FARMC is established yet;

ii.) all LGUs shall encourage, assist and monitor the formation of BFARMCs
to aide in the regulation of fishery activities
DILG MC No. 2018-59
April 23, 2018
Policy Content
a.) on the establishment of C/MFARMCs
iii.) regular members of the C/MFARMCs (Sec 75, RA 8550 as amended by RA
10654):
-C/MPDC
-Chair, SB/SPanlungsod Committee on Agriculture/Fisheries
-C/MDC representative
-NGO representative (accredited)
-Private Sector representative
-DA representative; and
-at least 11 fisherfolk representatives (7 municipal fisherfolk; 1 fishworker; and
3 commercial fishers) to include representatives from the youth and women sector
DILG MC No. 2018-59
April 23, 2018
Policy Content
a.) on the establishment of C/MFARMCs
iv.) all LGUs should ensure that C/MFARMCs will assist on the following:
-preparation of the Municipal Fishery Development Plan;
-enactment of city/municipal ordinances;
-enforcement of fishery laws, rules and regulations;
-other functions

v.) all LGUs should ensure the protection of small fisherfolks, fisheries and
aquatic resources through creation of C/MFARMCs
DILG MC No. 2018-59
April 23, 2018
Policy Content
b.) on enacting of Municipal Fisheries Ordinances
i.) LGUs shall enact basic Municipal Fisheries Ordinances (MFO) that
includes:
-delineation of municipal waters;
-rules and regulations on licensing and permits for fishery activities;
-authorizing fisherfolks with less than 3 gross tons within municipal
waters allowed by law (Sec 149 RA 7160);
-regulation on the entry of small and medium commercial fishing vessels
as provided for by law;
-penal provisions on the non-compliance with the installation of devices
for Vessel Monitoring Measures (VMM)
DILG MC No. 2018-59
April 23, 2018
Policy Content
b.) on enacting of Municipal Fisheries Ordinances
ii.) all cities and municipalities are enjoined to enact and/or update
existing city/municipal fisheries ordinances
DILG MC No. 2018-59
April 23, 2018
Policy Content
c.) on registration and issuance of license and permits
i.) for Municipal Fisherfolk
-maintenance of a registry of municipal fisherfolks; list of accredited
fisherfolk organizations/coops and NGOs
-support and supervise the implementation of the National Program for
Municipal Fisherfolk Registration (FishR)
-issuance of licenses and permits for fisheries activities
DILG MC No. 2018-59
April 23, 2018
Policy Content
c.) on registration and issuance of license and permits
i.) for Municipal Fishing Vessels and Gears
-maintenance of registration of municipal fishing vessels 3 gross tons
and below; furnish concerned agencies with the updated list of
registered and licensed vessels;
-maintenance of a registry of municipal fishing gears owned by
registered municipal fisherfolks; and
-issuance of licenses of fishing vessels and gears owned by registered
municipal fisherfolks
DILG MC No. 2018-59
April 23, 2018
Policy Content
c.) on registration and issuance of license and permits
i.) for Municipal Fishing Vessels and Gears
-maintenance of registration of municipal fishing vessels 3 gross tons
and below; furnish concerned agencies with the updated list of
registered and licensed vessels;
-maintenance of a registry of municipal fishing gears owned by
registered municipal fisherfolks; and
-issuance of licenses of fishing vessels and gears owned by registered
municipal fisherfolks
DILG MC No. 2018-59
April 23, 2018
Policy Content
d.) for Fishery Operations
i.) LGUs to establish and designate zones where fish pens, fish cages, fish
traps and other fishery products may operate (not over 10% of suitable
water surface)
ii.) city/municipality to issue licenses or permits for fish pen fish cage
operations
iii.) LGUs to prescribe minimum standards for fish hatcheries, fish breeding
facilities and private fish ponds and undertake registration of such
facilities; LGUs to monitor submission of annual report (type of species
and volume of production)
iv.) LGUs to maintain records and status of all fish cages, fish pens and fish
ponds
DILG MC No. 2018-59
April 23, 2018
Policy Content
e.) for Auxiliary Invoices
i.) cities/municipalities to issue auxiliary invoices prior to the transport of
all fish and fishery products; provide monthly summary thereof to the
DA-BFAR Provincial Fisheries Office

*auxiliary invoice*
DILG MC No. 2018-59
April 23, 2018
Policy Content
f.) for Post-harvest Facilities
i.) LGUs to coordinate with private sector, concerned agencies and
FARMCs for the establishment of post-harvest facilities to serve the
need of fisherfolks
ii.) cities/municipalities shall undertake the registration of post-harvest
facilities; prescribe the minimum standards; issue business permits and
license to operate pursuant to DILG-DICT-DTI JMC 2016-01 (BPLS
Standards)
DILG MC No. 2018-59
April 23, 2018
Policy Content
g.) on Monitoring of Water Quality and Marine Resources
i.) cities/municipalities to develop their Integrated Coastal Management
(ICM) Plans in line with National ICM Program of the DENR (pursuant to EO No
533)
ii.) LGUs to support the institutionalization of the catch documentation
traceability system through close monitoring of fish catch
iii.) LGUs, in coordination with FARMCs and BFAR, to monitor the status of
municipal waters and threat to overfishing; regulate fishery activities
iv.) LGUs to ensure that all municipal fishing vessels comply with VMM
before engaging in fishing activities
v.) LGUs, in cases of overfished municipal waters, shall prohibit or limit
fishery activities
DILG MC No. 2018-59
April 23, 2018
Policy Content
g.) on Monitoring of Water Quality and Marine Resources
vi.) LGUs, in consultation with FARMCs, shall establish zones for the
construction of aquaculture farms (not more than 10% of suitable water
surface); determine the maximum allowable number of aquaculture
farms within the allotted surface
vii.) LGUs, in partnership concerned NGAs, are encouraged to provide
capacity development to aquaculture operators, on feeds management
and rehabilitation of undeveloped/unutilized fishponds to its original
mangrove state
DILG MC No. 2018-59
April 23, 2018
Policy Content
h.) Regulation of Prohibited Fishery Activities
i.) cities/municipalities shall ensure that no person shall engage in the
following prohibited acts:
-Unauthorized fishing
-Unauthorized fisheries activities
-Unreported fishing
-Unregulated fishing
-Fishing through explosives, noxious, poisonous substances or electricity
-Use of fine mesh nets
-Fishing in overexploited fishery management areas
DILG MC No. 2018-59
April 23, 2018
Policy Content
h.) Regulation of Prohibited Fishery Activities
i.) cities/municipalities shall ensure that no person shall engage in the
following prohibited acts:
-use of active gears in municipal waters and fishery management areas
-coral exploitation and exportation
-Muro Ami and other destructive methods
-illegal use of super lights
-fishing or taking of rare, threatened or endangered species
-capture of sabalo and other breeders/spawners, eggs or fry
-importation or exportation of not allowed fish or fishery species
DILG MC No. 2018-59
April 23, 2018
Policy Content
h.) Regulation of Prohibited Fishery Activities
i.) cities/municipalities shall ensure that no person shall engage in the
following prohibited acts:
-violation of harvest control rules
-aquatic pollution
-falsifying, concealing or tampering with vessel marking, identity or
registration
-concealing, tampering or disposing of evidence relating to an
investigation of a violation
-gathering and marketing of not allowed shell fishes or other aquatic
species
DILG MC No. 2018-59
April 23, 2018
Policy Content
h.) Regulation of Prohibited Fishery Activities
i.) cities/municipalities shall ensure that no person shall engage in the
following prohibited acts:
-obstruction to navigation or flow or ebb of tide
-fishing in marine protected areas fishery refuge, fishery reserves and
sanctuaries
-fishing during closed season
-non-compliance with VMM
-other violations
DILG MC No. 2018-59
April 23, 2018
Policy Content
h.) Regulation of Prohibited Fishery Activities
ii.) LGUs to ensure that new fishing gears introduced for the use of
municipal fisherfolk are supported by appropriate government agencies
such as but not limited to DOST and DOH through the issuance of
necessary permits and certifications
iii.) LGUs, together with concerned government agencies, shall enact the
necessary ordinances for the regulation and banning of illegal fishery
activities in municipal waters; strictly impose appropriate penalties to
violators
DILG MC No. 2018-59
April 23, 2018
Penal Provision
Violations shall be subjected to administrative, civil and/or criminal liability
in accordance with RA 8550 as amended by RA 10654 and all other existing laws
and regulations

Effectivity
immediate effectivity