Aquaculture Law Review 2024

Republic Act No. 10654

• Amends the Philippine Fisheries Code of 1998 to enhance penalties for illegal fishing.
• Introduces stricter management measures for fishery resources to reduce environmental degradation.
• The Department of Agriculture (DA) and Bureau of Fisheries and Aquatic Resources (BFAR) set rental fees for Fishpond Lease Agreements (FLA).

Jurisdiction and Rights in Municipal Waters

• Municipalities manage municipal waters, consulting with the Fisheries and Aquatic Resources Management Council (FARMC).
• Municipalities can enact fisheries ordinances and enforce fishery laws.
• Registered fishermen and their organizations have priority access to municipal waters, determined via the Registry of Municipal Fisherfolk.

Prohibited Acts

• Unauthorized fishing activities are prohibited without prior Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR).
• All development projects require submission of Environmental Impact Statements (EIS) for evaluation.

Republic Act No. 9147

• Aims to conserve wildlife species and habitats, including those impacted by aquaculture.
• Regulates the introduction of non-native species to protect indigenous wildlife populations.

Republic Act No. 8435 (AFMA)

• Focuses on the modernization and sustainable development of agriculture and fisheries sectors.
• Promotes sustainable aquaculture practices to enhance productivity and minimize environmental impact.

Aquaculture Practices

• States a maximum of 10% of suitable water surface area in lakes/rivers may be allocated for aquaculture.
• Emphasizes methods to boost production while ensuring long-term viability.

Republic Act No. 8550 (Philippine Fisheries Code of 1998)

• Contains provisions regarding prohibited fishing activities, fines, and penalties (specifics found in Section 103).

Fisheries Administrative Orders (FAO)

• FAO 243 includes guidelines for breeding and culture practices for Pangasius highlighting the importance of evaluating water quality and climatological records.
• Stipulates optimal stocking densities and usage of healthy fry from certified hatcheries.

Feed Management

• Best practices for feed selection emphasize high utilization rates and nutritional balance to reduce waste and pollution.

FAO 215: Insurance for Aquaculture

• Provides guidelines regarding crop/stock insurance for aquaculture projects.
• Terms such as “assured” and “force majeure” are defined, highlighting protection against natural disasters.

FAO 214: Code of Practice for Aquaculture

• Outlines principles for environmentally-sound aquaculture design and operation.
• Covers aspects like site selection, water management, and stock health management.

Key Sections of FAO 214

• Includes definitions, site evaluation, farm design, water usage, discharge management, drug usage, stocking practices, and more.

These notes encapsulate the essential points regarding environmental and fisheries laws relevant to aquaculture, emphasizing the legislative measures aimed at sustainable practices and resource management.

Monodon Broodstock Facilities

• Facilities producing Specific Pathogen Free (SPF) or Specific Pathogen Resistant (SPR) broodstock and post-larvae for Penaeus monodon must be verified.
• Facilities must have a documented breeding program and certification of disease-free status for at least two years.

Pre-Border Biosecurity Measures (FAO 230-1)

• Importers must select SPF/SPR facilities that provide a detailed disease history.
• Samples from the specific stock lot must be sent to a recognized Shrimp Disease Diagnostic Laboratory for testing.
• Samples tested for pathogens include:
  • Taura Syndrome Virus (TSV)
  • White Spot Syndrome Virus (WSSV)
  • Infectious Hypodermal and Haematopoietic Necrosis Virus (IHHNV)
  • Yellow Head Virus Disease (YHVD)
  • Hepatopancreatic Parvo-like Virus (HPV)
  • Monodon Baculo Virus (MBV)
• An import permit will only be issued if all pre-border biosecurity documents are compliant.

Shellfish Toxicity Regulations (FAO 235)

• Saxitoxin from species like Pyrodinium bahamense affects the nervous system by blocking sodium channels.
• Shellfish Advisory alerts to areas unsafe for consumption due to toxic red tide.
• A regulatory limit is set at 60 µg STX equivalent per 100g of shellfish meat for domestic and foreign markets.
• Toxic levels of 60 µg/STX equivalent or more indicate positivity for Paralytic Shellfish Poisoning (PSP).

Monitoring Shellfish Poisons

• Regular surveys of major shellfish areas are conducted, especially near historical PSP zones.
• Monitoring includes a bi-weekly survey of Manila Bay and increased sampling during seasonal transitions.
• Analysis of shellfish and water samples determines toxin content and the presence of PSP-causing organisms.

Fish Health Laboratories Operations (FAO 220)

• The laboratories perform diagnoses, water quality analyses, and provide technical advice on fish health.
• They conduct surveillance, on-site visits, and quality control support for aquaculture products.
• Laboratories must have proper infrastructure, safety measures, and adequate resources for analysis.

Reporting and Insurance Regulations (FAO 218, 215)

• Operators are required to report annual production details by January 31 to the Bureau of Fisheries and Aquatic Resources.
• Guidelines for aquaculture crop insurance protect against unforeseen events like natural disasters and accidental damages.

Code of Practice for Aquaculture (FAO 214)

• Establishes principles for sustainable aquaculture development.
• Covers site selection, farm design, water usage, management of discharges, and health practices for fish.
• Includes sections on the use of drugs, chemicals, feed management, and the introduction of exotic species and GMOs.

This quiz covers the amendments made to the Philippine Fisheries Code of 1998, particularly focusing on Republic Act No. 10654. It highlights the strengthened measures against illegal fishing and the enhanced management of fishery resources, including aquaculture practices aimed at preventing environmental degradation.