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1.
When was
the Philippine Fisheries Code of 1998 enacted into law? Republic
Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998, was
passed by both Houses of Congress on February
19, 1998 and was signed into law by then President Fidel V. Ramos on
February 25, 1998. However, the implementing rules and regulations took
effect only in 2000 when Executive Order No. 209 was signed into law on
February 9, 2000. 2.
What are
the objectives of Republic Act No. 8550? a.
Conservation,
protection and sustained management of the country’s fishery and aquatic
resources; b.
Poverty
alleviation and the provision of supplementary livelihood among municipal
fisherfolk; c.
Improvement
of productivity of aquaculture within ecological limits; d.
Optimal
utilization of offshore and deep-sea resources; and e.
Upgrading
of post-harvest technology. 3.
How can
these objectives be attained? Section 35 of R.A. 8550 provides for the availment of
incentives for commercial fishers. In
order to encourage fishing vessel operators to fish farther in the Exclusive
Economic Zone (EEZ) and beyond, new incentives for improvement of fishing
vessels and acquisition of fishing equipment shall be granted in addition to
incentives already available from the Board of Investments (BOI) under the
Omnibus Investment Code of 1987. Such
incentives shall be granted subject to exhaustive evaluation of resource and
exploitation conditions in the specified areas of fishing operations. The
incentives include: a)
Long term loans supported by guarantee facilities to finance the building
and acquisition and/or improvement of fishing vessels and equipment; b)
Commercial fishing vessel operators of Philippine registry shall enjoy a
limited period of tax and duty exemptions on the importation of fishing vessels
not more than five (5) years old, equipment and paraphernalia; c)
Commercial fishing operators of Philippine registry engaged in fisheries
in the high seas shall be entitled to duty and tax rebates on fuel consumption
of commercial fisheries operations; and d)
All applicable incentives available under the Omnibus Investment Code of
1987, provided that the fishing operation project is qualified for registration
and is duly registered with the BOI. 4.
What is
the period within which importation of fishing vessels, equipment and
paraphernalia shall be tax- and-duty exempt? Importation of fishing vessels not more than five (5) years
old, equipment and paraphernalia shall be tax–and-duty exempt for a period of
five (5) years from the date of the effectivity of E.O. 209. 5.
What are
the provisions that govern importation and exportation of fishery products? Section
61 of R.A. 8550 governing the importation and exportation of fishery products
provides that: a)
Export of fishery products shall be regulated whenever such exportation
affects domestic food security and production:
Provided, that exportation of live fish shall be prohibited except those
which are hatched or propagated in accredited hatcheries and ponds; b)
To protect and maintain the local biodiversity or ensure the sufficiency
of domestic supply, spawners, breeders, eggs and fry of bangus, prawn and other
endemic species, as may be determined by the Department of Agriculture, shall
not be exported or caused to be exported by any person; c)
Fishery products may be imported only when the importation has been
certified as necessary by the Department of Agriculture in consultation with the
Fisheries and Aquatic Resources Management Council (FARMC), and all the
requirements have been complied with, provided that fish imports for
canning/processing purposes only may be allowed without the necessary
certification but within the provisions of Section 61 (d) of the Code; and d)
No person shall import and/or export fishing products of whatever size,
stage or form for any purpose without securing a permit from the Department of
Agriculture. 6.
What are
the items eligible for tax- and duty-free importation for a period of five (5)
years under E.O. 209? a)
Fishing vessel, fishery equipment and paraphernalia listed in Annex
“B.” However, an Authority to
Import (ATI) must be secured first from the MARINA and/or a Certificate of
Eligibility from the Bureau of
Fisheries and Aquatic Resources (BFAR); b)
Fishing vessel, fishery equipment and paraphernalia listed in Annex
“C,” in which case a Certificate of Non-Availability must be secured from
BOI. (The products listed in Annexes “B” and
“C” are appended at the back of the latest TCC book.) 7.
How can
an eligible commercial fishing operator avail itself of the tax and duty rebates
on fuel it consumes under this law? Taxes
and duties paid on fuel as defined in No. 10 of Rule 1 of
EO 209 and consumed by the covered commercial fishing operator shall be
eligible for tax and duty rebates, provided the fuel involved is consumed within
one (1) year from the date of purchase, subject to the submission of the
following to the Department of Finance-One-Stop-Shop Tax Credit and
Duty Drawback Center: a)
Document
attesting to the inspection of the vessels as for high sea waters issued by
MARINA (certified true copy by MARINA); b)
Commercial
Fishing Boat License issued by BFAR; c)
Notarized
Certificate of Fuel Loaded issued by BOC Inspector; d)
Documents
proving fuel consumed; e)
Documents
proving fuel purchased; and f)
Documents
proving fuel delivered. 8.
What is
the role of the Tariff Commission in the implementation of the Fisheries Code? The Tariff Commission, in coordination with the Department of Agriculture and other government agencies and private sectors concerned, provided technical expertise in the tariff classification and in the preparation of the list of products entitled to tax and duty exemption under the law. It continues to provide technical advice on the preparation of product lists for coverage under the Fisheries Code.
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