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Philippines

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
**Philippines Up to 285mi (1961)10 - 200 mi (1978)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
PHILIPPINES LEGISLATION
Fees and other charges for foreign fishing boats operating under charter, lease or lease-purchase agreement with Philippines national or company are the following:
-Application fee = P. 100
-Boat licence (annual)
below 100 GT = P. 1 000
100-250GT=P.3000
over 250 GT = P. 5000
-Foreign fisherman's licence = P. 20.
(Fisheries Administrative Order No. 121. 1976. sections 10 and 11: General Memorandum Order No. 10, 1986. Annex III)
Note
: Bill on revised Fisheries Code still pending on 5 July 1995.
LEGISLATION
The exploration, development and utilization of natural resources shall be under the full control and supervision of the State. The State may enter into co-production, joint venture, or production sharing agreements with its national individuals or with corporations or associations whose capital is owned for at least sixty percent by Filipinos. Such agreements may not exceed 25 years, not renewable for more than 25 years, and may comply with terms and conditions of the law. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea and EEZ, and reserve its use and enjoyment to Filipino citizens. (Art. XII, sect. 2, 1987 Constitution)
-Foreign fishing must be under charter, lease or lease-purchase agreement with Philippines nationals or companies.
(Gen. Memo. Order No. 10. 1986)
Note: Bill on Revised Fisheries Code still pending on 5 July 1995.
LEGISLATION
See entry in previous column.


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
PHILIPPINES LEGISLATION
-No provision made for fishing by foreign vessels except under charter to majority-owned (60%) by Philippine company.
-Charters must be for 5 years, payment to be made in cash and 100% Filipino crew must be employed.
-Fishing boat under charter to be given temporary certificate in Philippine registry.
-Charterer to obtain special commercial fishing boat licence.
-Charterer to comply with fishery laws, rules, regulations.
-Charterer to assume responsibility for acts of agents, employees.
(Gen. Memo No. 10s. 1986. and FAO No. 121s. 1976)
Licence conditions concern:
-compliance with all legal requirements;
-life-saving, firefighting, medical equipment, etc.;
-employment of licensed fishermen only;
-observers to be allowed on board;
-notification of departure for fishing grounds;
-assumption of responsibility for acts of agents, employees, etc.
-catch to be landed only at designated landing places;
-certificates of clearance (fisheries) before departure for grounds;
-contracts and licences and conditions may be varied when in the national interest;
-President may suspend licence on recommendation of government agency for violation of conditions prescribed in rules and regulations, pending hearing;
-BFAR to be consulted if there is a significant change in venture;
-licence may be suspended or cancelled if not used within 3 months, or if vessel is sublet, or if conditions or laws are violated, or if suspension or cancellation is in the public interest;
-licence renewal subject to review of compliance.
General Memorandum Order No. 10 Series of 1986: Guidelines for the processing of applications for bareboat charter contracts of foreign fishing boats with any foreign person, corporation, or entity within the Department of Agriculture and Food include the following:
-definition of bareboat charter,
-eligible applicants;
-procedure for new applications; -procedure for renewal of charter contract;
-procedure for renewal of SCFBL;
-exemption;
-monitoring of joint fishing agreement.
Note: Bill on Revised Fisheries Code still pending on 7 May 1995.
LEGISLATION
Special commercial fishing boat licence logbook and reporting conditions include:
-Licensee to keep fishing logbook on daily basis giving catch, species, fishing ground, time of set and haul, and position, in English or vernacular, on form provided.
-Report on catch to be submitted monthly within first 10 days of next month.
-Copies of reports on all payments made to foreign persons, whether in cash or in kind, to be made to BFAR, along with monetary value of products.
-Licensee shall allow authorized representatives of the Bureau of Fisheries and Aquatic Resources to board the fishing boat in order to observe its fishing operations and to conduct periodic inspections. To make this possible, licensee must notify the Research and Technological Services Division of the BFAR every time vessel leaves for its specified fishing ground.
-Licensee shall furnish the BFAR with accurate copies of reports on all payments made to the foreign person, corporation, or entity either in cash or in kind, i.e., in export items of fish and fishery aquatic products and their corresponding monetary value.
Note: Bill on Revised Fisheries Code still pending on 7 May 1995.


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
PHILIPPINES   X                     X   X             XD XM      


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
PHILIPPINES From P 2 000 to P 100 000 From 6 months to 10 years or both fine and imprisonment at Court's discretion Vessel, gear and catch: summarily confiscated administratively without prejudice to any civil or criminal action that may be taken against owners and/or operators.

 


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