Secure permit/license from the local government unit for authorized fishing

Dear PAO, For almost five months now, my husband’s source of income or livelihood is fishing. Is there a law prohibiting him from such an act?

Mei

Dear Mei,

Please be informed of the provision of Section 86 of Republic Act 10654 (“An Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, Amending Republic Act 8550, Otherwise Known as ‘The Philippine Fisheries Code of 1998,’ and For Other Purposes”), which states that:

“Section 86. Unauthorized Fishing. – (a) It shall be unlawful for any person to capture or gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery species or fishery products without license or permit from the Department or LGU.

“Except in cases specified under this Code, it shall also be unlawful for any commercial fishing vessel to fish in municipal waters.

“The discovery of any person in possession of a fishing gear or operating a fishing vessel in a fishing area where he has no license or permit shall constitute & prima facie presumption that the person is engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed. x x x”

Based on the above-stated law, considering that the purpose of your husband’s fishing is for livelihood, it is required that he obtains first a license or permit from the Local Government Unit covering the area where your husband fishes or from the Department of Agriculture. Securing said permit/license is necessary in order to authorize your husband to make use of fishing as his source of income or for livelihood purposes.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.