Republic of the Philippines

Department of Agriculture
Office of the Secretary
EIlipticaI Road, Diliman, Quezon City

FISHERIES ADMINISTRATIVE)
ORDER NO. 216 :
Series of 2001 . . . . . . . . . . )

SUBJECT: Obstruction to navigation in streams, rivers, lakes and bays

Pursuant to Sections 55 and 103 (d) of RA 8550, this order governing the obstruction to navigation in
streams, rivers, lakes and bays of the country is hereby promulgated for the information and guidance of
all concerned.

SECTION 1. Definition of terms. For the purpose of this order, the following terms shall mean:

a. Bay. - An inlet of the sea or other bodies of water usually smaller than a gulf but usually with the same
general characteristics where navigation for big and small crafts are defined.

b. Canal. - Deepest part of the river.

c. Fishpen. - An artificial enclosure constructed within a body of water for culturing fish and
fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials,
screen or nylon netting to prevent escape of the fish.

d. Fish cage - refers to an enclosure which is either stationary or floating made up of nets or screens sewn
or fastened together and installed in the water with opening at the surface or covered and held in a place
by wooden/bamboo posts or various types of anchors and floats.

e. Fishpond. - A land-based facility enclosed with earthen or stone material to impound water for growing
fish.

f. Fish trap. - Fixed impounding nets, usually supported by either bamboo or wood stakes or held in place
and maintained in form by a combination of floats or buoys and weights or anchor. The catch is naturally
confined in a collecting unit and escape is prevented by labyrinths and/or non-return devices where
entrance is such that fish has easy entrance but difficult escape.

g. Fisheries Structures. - All forms of water and land-based fisheries structures stationary or movable
including but not limited to fish cages, fish pens, fishponds, fish corrals, and fish shelters which may
obstruct the free navigational passage of any water craft along defined waterways or impede the flow of
tide to and from the area.

h. Lake. - An inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake
basin intermittently or permanently covered by water where designated navigational passages are defined.
i. Obstruction to free flow of tide. - All forms of water and land based structures constructed within one-
fourth (¼) distance along one side of streams and river embankments, whether permanent or movable
which impede the free flow of tide to and from the area causing water stagnation and pollution and
eventually causing fish kill.

j. Obstruction to navigation. - All forms of water-based structures, whether permanent or movable, which
obstruct the free navigational passages of water transportation in waterways.

k.  River. - A natural surface stream of water of considerable volume and a permanent or seasonal flow
where navigational lanes are defined.

l. Streams. - A body of running water flowing in a channel on the surface of the ground, which could be a
portion of a river, lake or bay.

m. Tide.  - The alternating rise and fall of the surface water of the ocean, gulf, bays, estuaries connected
with the ocean caused by the gravitational pull of the sun and the moon.

SECTION 2. Prohibition. - It shall be unlawful for any person, lessee, licensee or permittee, to undertake or
place any construction which will obstruct the free navigation in any stream, river, lake or bays flowing
through or adjoining fish pens, fish traps and fishponds or impede the flow of the tide to and from the
area. Any obstruction made in violation thereof shall be removed upon the order of the Secretary of
Agriculture in coordination with other government agencies concerned at the expense of the lessee,
licensee or occupants thereof, whenever applicable.

SECTION 3. Penalty. - Violation of this order shall hold the offender liable to prosecution and upon
conviction shall suffer the penalty from two thousand (P2,000.00) pesos to ten thousand (P10,000.00)
pesos or imprisonment from one month and one day to six (6) months or both such fine and
imprisonment in the discretion of the court.

SECTION 4. Repealing clause. - All existing administrative orders, rules, regulations and guidelines which
are inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SECTION 5. Effectivity. - This order shall take effect fifteen (15) days after its publication in the official
gazette and/or in two (2) newspapers of general circulation and fifteen (15) days after registration with the
Office of the National Administrative Register.

ISSUED on this 17th day of September, 2001 at Quezon City, Philippines.

(SIGNED)
LEONARDO Q. MONTEMAYOR
Secretary

Recommended by:
(SIGNED)
MALCOLM I. SARMIENTO, JR.
Director, Bureau of Fisheries and Aquatic Resources

(SIGNED)
CESAR M. DRILON, JR.
Undersecretary for Fisheries and concurrently
Chairman, NFARMC

Published: September 27, 2001

Philippine Daily Inquirer
Philippine Star

Registered: October 01, 2001

Office of the National Administrative Register

Effectivity: October 17, 2001

 Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Elliptical Road, Diliman, Quezon City

FISHERIES ADMINISTRATIVE)

ORDER NO. 217 :

Series of 2001 . . . . . . . . . . . . . . . )

SUBJECT: Obstruction to Defined Migration Paths.

Pursuant to Sections 56 and 105 of R.A. No. 8550, this order prohibiting the undertaking of any
construction which will obstruct any defined migration paths of migratory species such as river mouths
and estuaries in the Philippines is hereby promulgated for the information and guidance of all concerned.

SECTION 1. Definition of terms. - For the purpose of this Order, the following terms shall mean:

a) Migration path. - A defined migration route of spawning, schooling or feeding migratory finfishes,
going downstream or upstream migration.

b) Migratory species. - refers to any fishery species which in the course of their life could travel from
freshwater to marine water or vice versa due to breeding, feeding and part of life cycle.

Catadromous species. - Freshwater species that grow in freshwater environment but descends to the
ocean to spawn or lay eggs.

Anadromous species. - Marine species that grow in saltwater environment but ascends rivers to lake areas
at certain seasons to breed or lay eggs.

Amphidromous species. - Species of fish migrating from fresh to salt water environment and vice versa
not for the purpose of breeding but as part of their life cycle.

c) River mouth. - The opening of a river serving as major tributary for a lake or a bay and is utilized as
entrance and exit of migrating fish species to and from the bays and lakes.

d) Estuary. - Marine environment serving as spawning ground for many migratory (Catadromous) species
of fish making their downstream migration from the lake.

SECTION 2. Scope of Order. - This order covers all the following rivers (mouth and its tributaries) of the
country which are defined as migratory passages of the following migrating fish species:

a) Abra River (Abra, Mt. Province, Ilocos Sur). - Upstream and downstream migration to River tributaries
and connecting rivers (Tineg River) of Langiden, San Quintin, Pidigan, Tayum, Dolores, Lagayan, Bucay,
Manabo, Luba, San Juan, La Paz, Bangued, Langanilag, Bantay and Santa, Ilocos Sur.
b)  Bicol River Basin (Camarines Sur). - Upstream migration to Lake Buhi, Bato, Baao, Bula, downstream
migration to San Miguel Bay.

c) Bisuangan-Kumalarang Rivers (Zamboanga del Sur).  - Upstream migration to Lake Wood, downstream
migration to Dumanguilas Bay, Labangan rivers down to Yllana Bay.

d)  Blu-an; Lowo-el Rivers (South Cotabato). - Upstream migration to Lakes Sebu, Lahit, Siloton and
Maughan, downstream migration to Sarangani Bay.

e) Butas River (Mindoro). - Upstream migration to Naujan Lake, downstream migration to Batangas Bay.

f) Cagayan River System (Cagayan Valley).  - Upstream migration to Cagayan River tributaries, downstream
migration to Babuyan Channel.

g) Calinawan - Tubay Rivers (Surigao - Agusan).  - Upstream migration to Lake Mainit, downstream
migration to Butuan Bay.

h) Cotabato River Basin (Rio-Grande, Cotabato).  - Upstream migration to Buluan and Blinkong Lakes,
downstream migration to the sea (Davao Gulf).

i)  Laoag River (Laoag, Ilocos Norte). - Upstream migration to Laoag River tributaries and connecting rivers
of Dingras, Sarrat, Solsona and Banna, downstream migration to South China Sea.

j) Pansipit River (Batangas) - Upstream migration to Lake Taal, downstream migration to Balayan Bay.

SCIENTIFIC NAMES AND FAMILIES OF MIGRATORY SPECIES

COMMON/ENGLISH
FAMILIES LOCAL NAME SCIENTIFIC NAME
NAME
1. Ambassidae Glassfish Langaray Ambassis sp.
2. Anguillidae Eel Igat; palos Anguilla mauritiana
3. Apogonidae Cardinal fish Dangat Apogon sp.
  Cardinal fish Dangat Amia sp.
  Cardinal fish Dangat Mionorus sp.
4. Ariidae Sea catfish Kanduli Arius sp.
5. Atherinidae . Silverside Guno Atherina sp
  Silverside Guno Hepsetia sp.
6. Belonidae Garfish/Needle fish Kulambalao/Kulambabalo Tylosurus melanotus
7. Carangidae Cavalla Maliputo Caranx ignobilis
  Cavalla Muslo Caranx marginatus
  Cavalla Muslo Caranx sexfaciatus
8. Centriponidae Giant seaperch Apahap Lates calcarifer
9. Chanidae Chanidae Milkfish Bangus Chanos chanos
10. Eleotridae Sleeping goby Palawan/Bangayngay Ophiocara aporos
  Goby Bia Eleotris fusca
  Eleotrid goby Papalo/Lomag Hypseleotris modestus
  Bia Buguan Hypseleotris agilis
  Bia Goby Belobranchus sp.
11. Elopidae Tarpon Buan-buan Megalops cyprinoides
  Ten Pounder Bid-bid Elops hawaiiensis
12. Gerridae Mojarra Malakapas Gerres filamentosus
  Mojarra Malakapas Gerres punctatus
13. Gobiddae White goby Ipon Glossogobius giurus
  Dwarf goby Dulong Merogobius lacustris
14. Gobioidae Eel goby Bia Taenioides sp.
  Eel shaped goby Baliga Taenioides sp.
15.
Halfbeak Buguin Hemiramphus sp.
Hemiramphidae
  Halfbeak Buguin Zenarchopterus sp.
16. Khuliidae Mountain bass Damagan Kahlia sp.
Leiognathus
17. Leiognathidae Slipmouth Sap-sap
equulus/L.caballus
18. Lutjanidae Gray Snapper Maya-maya/Also Lutjanus sp.
  White Spot Snapper Maya-maya Lutjanus bohar
  Malabar Red Snapper Maya-maya Lutjanus malabaricus
  Black Spot Red Snapper Maya-maya Lutjanus monostigma
19. Mugilidae Gray Mullet Banak/Aligasin Mugil cephalus
  Thicked-Lipped Mullet Banak Mugil dussumieri
  Mullet Banak Liza sp.
  Mullet Ludong Cestreaus plicatilis
20. Polynemidae Threadfin Mamali Polynamus tetradactylum
21. Pomacentridae Damselfish Puyong Dagat Pomacentrus tripunctatus
22. Pomadasydae Silver spotted grunt Bakoko Pomadasys hasta
23. Pristidae Sawfish Tagan Pristis microdon
24. Scatophagidae Spadefish/Butterfish Kitang Scatophagus argus
25. Serranidae Grouper Lapu-lapu Epinephelus sp.
  High finned grouper Lapu-lapu Cronileptus altivelis
26. Siganidae Siganid/Rabbit fish Samaral Siganus sp.
27. Sillaginidae Sand borer sillaginid Asohos Sillago sihama
28.
Swamp eel Palos Synbrachus benganlensis
Symbranchidae
29. Theraponidae Taperoid Grunt Pigek Mesopristes cancellatus
  Convex line grunt Bagaong Therapon jarbua
30. Toxotidae Archer fish Kataba Toxotes sp.

SECTION 3. Prohibition. - It shall be unlawful for the lessee, licensee or permittee, or anyone to undertake
any construction that will obstruct the aforementioned paths of migratory fish, particularly those
enumerated in the next preceding Section 2 of this order, up to one (1) kilometer seaward and one (1)
kilometer upward of mouths of the aforecited rivers.

SECTION 4. Penalty. - Violation of this order shall hold the offender liable to the penalty of fine from fifty
thousand pesos (P50,000.00) to one hundred thousand pesos (P100,000.00) or imprisonment from seven
(7) years to twelve (12) years, or both such fine and imprisonment in the discretion of the court including
cancellation of the permit/license, if any, and dismantling of the obstruction at his own expense, and
confiscation of the same, for disposition by the BFAR.

SECTION 5. Repealing Clause. - All existing administrative orders, rules, regulations and guidelines which
are inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SEC. 6. Effectivity. - This order shall take effect fifteen (15) days after its publication in the Official Gazette
and/or in two (2) newspapers of general circulation and fifteen (15) days after its registration with the
Office of the National Administrative Register.

ISSUED this 17th day of September 2001, at Quezon City, Metropolitan Manila, Philippines.

(SIGNED)
LEONARDO Q. MONTEMAYOR
Secretary

Recommended by:

(SIGNED)
MALCOLM I. SARMIENTO, JR.
Director, Bureau of Fisheries and Aquatic Resources

(SIGNED)
CESAR M. DRILON, JR.
Undersecretary for Fisheries and concurrently
Chairman, NFARMC

Published: September 27, 2001

Philippine Daily Inquirer
Philippine Star
Registered: October 01, 2001
Office of the National Administrative Register

Effectivity: October 17, 2001