RA 8550

Philippine Fisheries Code of 1998

POLICY CONSIDERATIONS
• (a) to achieve food security as the overriding consideration in the utilization, management, development,
conservation and protection of fishery resources in order to provide the food needs of the population.
• (b) to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment
of Filipino citizens;
• (c) to ensure the rational and sustainable development, management and conservation of the fishery and
aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent
high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting and
enhancing the quality of the environment;
• (d) to protect the rights of fisherfolk, especially of the local communities with priority to municipal
fisherfolk, in the preferential use of the municipal waters. Such preferential use, shall be based on, but not
limited to, Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and
ecological conditions, and shall be consistent with our commitments under international treaties and
agreements;
(e) to provide support to the fishery sector, primarily to the municipal fisherfolk, including
women and youth sectors, through appropriate technology and research, adequate financial,
production, construction of post-harvest facilities, marketing assistance, and other services.
(f) to manage fishery and aquatic resources, in a manner consistent with the concept of an
integrated coastal area management in specific natural fishery management areas, appropriately
supported by research, technical services and guidance provided by the State; and
(g) to grant the private sector the privilege to utilize fishery resources under the basic concept
that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the
State but also active participant and partner of the Government in the sustainable development,
management, conservation and protection of the fishery and aquatic resources of the country.
1. Conservation, protection and sustained management of the country's fishery and
aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among municipal
fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.
Application of its Provisions.
(a) all Philippine waters including other waters over which the Philippines has sovereignty and
jurisdiction, and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;

• Exclusive Economic Zone (EEZ. - an area beyond and adjacent to the territorial sea which shall not extend
beyond 200 nautical miles from the baselines as defined under existing laws.

(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not
limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or
public lands; and
d. all Philippine flagged fishing vessels operating in areas governed by a Regional Fisheries
Management Organization (RFMO), in the high seas, or in waters of other coastal states.
Obligation of Coastal States
Coastal States have to primary obligations. First, they must ensure through
proper conservation and management measures that the living resources of EEZ
are not subjected to over-exploitation. Second, they must promote the objective
of “optimum utilization” of the living resources.
 Use of Philippine Waters
XII, Sec. 2 of our Constitution: “The State shall protect
the nation’s marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino
Section 5. Use of Philippine Waters. - The use and exploitation
citizens.”
of the fishery and aquatic resources in Philippine waters shall be
reserved exclusively to Filipinos: Provided, however, That
research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and
educational purposes that would also benefit Filipino citizens.
UNCLOS mandates States to protect and preserve the marine environment.
Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS) provides: “States have
the obligation to protect and preserve the marine environment.”

Serious Violation – means any of the following violations of the provisions of this Code:
(a) Fishing without a valid license, authorization or permit;
(b) Fishing without reporting the catch or misreporting the catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel markings, identity or registration to conceal vessel
identity or lack of registration;
(g) Concealing, tampering or disposing of evidence relating to an investigation of a violation;
(h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing or delaying a fisheries law
enforcer, authorized inspector or observer or other duly authorized government officer;
(i) Intentionally tampering with or disabling the vessel monitoring system; and
(j) Committing multiple violations which taken together constitute a serious disregard of this Code. (As amended by R.A. 10654)

Unregulated Fishing
(a) Vessels without nationality but operated by Filipino and/or Filipino corporation;
(b) Philippine flagged fishing vessels operating in areas managed by RFMOs to which the Philippines is not a party to; or
(c) Philippine flagged fishing vessels operating in areas or fish stocks where there are no applicable conservation and management
measures. (As amended by R.A. 10654)
(88) Unreported Fishing – refers to fishing activities which have not been reported, or have been misreported to the Department, in
contravention of national laws and regulations of the Philippines, or undertaken in the area of competence of a relevant RFMO which
have not been reported or have been misreported, in contravention of the reporting procedures of that organization and further
elaborated by regulations to be promulgated by the Department.” (As amended by R.A. 10654)
ORGANIZATIONAL STRUCTURE

The Department of Agriculture (DA) is the government

agency responsible for the promotion of agricultural
development by providing the policy framework, public
investments and support and services needed for
domestic and export-oriented business enterprises.
The DA's powers and functions include the following:

• (a) Provide integrated services to farmers, fishermen, and other food producers
on production, utilization, conservation, and disposition of agricultural and
fishery resources;
• (b) Promulgate and. enforce all laws, rules and regulations governing the
conservation and proper utilization of agri[1]cultural and fishery resources;
• (c) Conduct, coordinate, and disseminate research studies on appropriate·
technologies for the improvement and development of agricultural crops,
fisheries, and other allied commodities;
• (d) Provide the mechanism for the participation of farmers, fishermen, and
entrepreneurs at all levels of policy[1]making, planning and program
formulation.
 Access to fishery resources
The DA shall issue such number of licenses and permits for the conduct of
fishery activities subject to the limits of the maximum sustainable yield
(MSY) of the resource as determined by scientific studies or best available
evidence. Preference shall be given to resource users in the local
communities adjacent or nearest to the municipal waters.
 • a. Catch ceiling limitations
The DA Secretary may prescribe limitations or quota on the total quantity of fish
captured, for a specified period of time and based on available evidence.
• b. Establishment of close season
The Secretary may declare, through public notice in at least two newspapers of
general circulation or in public service announcement , whichever is applicable, at
least five days before the declaration, a closed sea son in any or all Philippine waters
outside the boundary of municipal waters and in bays, for conservation and
ecological purposes
By Virtue of RA8550, BFAR is mandated to:
• ·Prepare and implement a Comprehensive National Fisheries Industry
Development Plan;
• Issue licenses for the operation of commercial fishing vessels;
• Issue identification cards free of charge to fishworkers engaged in commercial
fishing;
• Monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure that
such agreements are not contrary to Philippine commitment under international
treaties and convention on fishing in the high seas;
• Formulate and implement a Comprehensive Fishery Research and Development
Program;
• Establish and maintain a Comprehensive Fishery Information System;
• Provide extensive development support services in all aspects of fisheries production, processing
and marketing;
• Provide advisory services and technical assistance on the improvement of quality of fish from the
time it is caught;
• Coordinate efforts relating to fishery production undertaken by the primary fishery producers,
LGUs, FARMCs, and fishery organizations/cooperatives;
• Advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in
fish markets and fish landing areas;
• Establish a corps of specialists in collaboration with the DND, DILG, DFA for the efficient
monitoring, control and surveillance of fishing activities within Philippine territorial waters;
• Implement an inspection system for import and export of fishery/aquatic products and fish
processing establishments consistent with international standards to ensure product quality and
safety;
• Coordinate with LGUs and other concerned agencies for the establishment of productivity enhancing
and market development programs in fishing communities to enable women to engage in other
fisheries/economics activities and contribute significantly to development efforts;
• Enforce all laws, formulate and enforce all rules and regulations governing the conservation and
management of fishery resources, except in municipal waters, and to settle conflicts of resource use and
allocation;
• Develop value added fishery products for domestic consumption and export;
• Recommend measures for the protection/enhancement of the fishery industries;
• Assist the LGUs in developing their technical capability in the development, management, regulation,
conservation, and protection of the fishery resources;
• Formulate rules and regulations for the conservation and management of straddling fish stocks and
highly migratory fish stocks; and
• Perform such other related functions which shall promote the development, conservation, management,
protection and utilization of fisheries and aquatic resources.
 Composition of BFAR
It is headed by a Director and assisted by two Assistant Directors who shall
supervise the administrative and technical services of the bureau respectively.
Municipal
Fishing
Fishing within municipal waters
using fishing vessels of three gross
tons or less
Jurisdiction of
Municipal City/
Governments
As defined in the code. the municipal/city government shall
have jurisdiction over municipal waters.

BOTH FARMC and LGU SHALL BE RESPONSIBLE FOR:

• Management • Disposition of Aquatic resources

• Utilization • enact appropriate ordinances
• Conservation • enforce all laws regarding fisheries,
• development rules and regulations;
• Protection • Valid fishery ordinances
 LGU’s Jurisdiction
LGU’s territorial jurisdiction
refers to its territorial boundaries
or to its territory. Refers to their
land area, unless expanded by
law to include the maritime area.
 Grant of Fishing Privileges in Municipal Waters
• Areas where there are special agencies or offices vested with jurisdiction over
municipal waters, such as but not limited to; Laguna Lake Development Authority and
Palawan Council for Sustainable Development.

• Registered fisherfolk organizations/cooperatives shall have preference in the grant of fishery

rights by the municipal city council (pursuant to Sec. 149 of LGC)

• The power of LGU’s to issue fishing privileges was clearly granted for revenue purposes
 USERS OF MUNICIPAL WATERS
LGU’s may authorize or permit small and medium commercial fishing vessels operate within the
ten point one (10.1) to 15 kilometer area from the shoreline in municipal waters as defined herein,
provided that:

• No commercial fishing in municipal waters with depth less than seven fathoms as certified by the
appropriate agency;

• Fishing activities utilizing methods and gears that are determined to be consistent with the
national policies set by DA.

• The applicant vessel as well as the shipowner, employer, captain and crew have been certified by
the appropriate agency as not having violated the code, environmental laws and related laws.
 Registry of Municipal fisherfolk
FARMC shall submit to the LGU the list of priorities for tis consideration
LGU shall maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in
municipal waters
Resident municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall
have priority to exploit municipal and demarcated fishery areas of the said municipality.

HOWEVER

If danger of being overfished, then the LGU shall prohibit or limit fishery activities in the said waters.
eferential Right of subsistence or Marginal Fishermen is
not absolute.

TANO V SOCRATES GR NO. 110249

Tano, et. al., v. Socrates, et. al.,
Ordinance No. 15-92 which took effect on January 1, 1993 entitled "AN ORDINANCE BANNING THE SHIPMENT
OF ALL LIVE FISH AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO
JANUARY 1, 1998 AND PROVIDING EXEMPTIONS; PENALTIES AND FOR OTHER PURPOSES THEREOF",
AN ORDINANCE REQUIRING ANY PERSON ENGAGED OR INTENDING TO ENGAGE IN ANY BUSINESS,
TRADE, OCCUPATION, CALLING OR PROFESSION OR HAVING IN HIS POSSESSION ANY OF THE
ARTICLES FOR WHICH A PERMIT IS REQUIRED TO BE HAD, TO OBTAIN FIRST A MAYOR'S PERMIT
Resolution No. 33 entitled: "A RESOLUTION PROHIBITING THE CATCHING, GATHERING, POSSESSING, BUYING,
SELLING AND SHIPMENT OF LIVE MARINE CORAL DWELLING AQUATIC ORGANISMS, TO WIT: FAMILY: SCARIDAE
(MAMENG), EPINE PHELUS FASCIATUS(SUNO), CROMILEPTES ALTIVELIS (PANTHER OR SEÑORITA), LOBSTER
BELOW 200 GRAMS AND SPAWNING, TRIDACNA GIGAS (TAKLOBO), PINCTADA MARGARITEFERA (MOTHER
PEARL, OYSTERS, GIANT CLAMS AND OTHER SPECIES), PENAEUS MONODON (TIGER PRAWN-BREEDER SIZE OR
MOTHER), EPINEPHELUS SUILLUS (LOBA OR GREEN GROUPER) AND FAMILY: BALISTIDAE (TROPICAL
AQUARIUM FISHES) FOR A PERIOD FIVE (5) YEARS IN AND COMING FROM PALAWAN WATERS"
Whether or not the ordinances in question
unconstitutional
Under the general welfare clause of the LGC, local government units have the power,
inter alia, to enact ordinances to enhance the right of the people to a balanced ecology.
It likewise specifically vests municipalities with the power to grant fishery privileges in
municipal waters, and impose rentals, fees or charges therefor; to penalize, by
appropriate ordinances, the use of explosives, noxious or poisonous substances,
electricity, muro-ami, and other deleterious methods of fishing; and to prosecute any
violation of the provisions of applicable fishery laws. Finally, it imposes upon the
sangguniang bayan, the sangguniang panlungsod, and the sangguniang panlalawigan
the duty to enact ordinances to "[p]rotect the environment and impose appropriate
penalties for acts which endanger the environment such as dynamite fishing and other
forms of destructive fishing . . . and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes or of ecological imbalance."
Commercial
Fishing
Taking of fishery species
by passive or active gear for trade,
business, and profit beyond
subsistence or sports fishing
 Commercial Fishing Classified and Licenses:
• Small Scale commercial fishing - Fishing with active or passive gear utilizing fishing vessels of
3.1 gross tons up to 20 GT;

• Medium Scale Commercial Fishing - Fishing utilizing active gears and vessels of 20.1 GT up to
150 GT.

• Large Commercial Fishing - Fishing utilizing active gears and vessels of more than 150 GT.

No person shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for
scientific research or educational purposes or engage in any fishery activity without securing a license
from the DA.

Except for research purposes which the Philippines is a signatory.

 Commercial Fishing Classified and Licenses:
All skippers/ master fishers shall be required to undertake an orientation training on detection of fish
caught by illegal means before they can be issued their fish worker licenses.

Large commercial fishing vessels license shall allow the licensee to operate only in the Philippine
Waters seven or more fathoms deep. Subject to the conditions that may be imposed and to the rules
and regulations that is promulgated by the DA.

No commercial fishing vessel license shall be issued except to Citizens of the Philippines. If duly
registered corporation in the Philippines it must be at least 60% of the capital stock are owned by
Filipino Citizens.

No commercial fishing vessel license shall be issued except to Citizens of the Philippines. If duly
registered corporation in the Philippines it must be at least 60% of the capital stock are owned by
Filipino Citizens.
Sea Lion v People of the Philippines
combined team of Philippine Marines, Coast Guard, and barangay officials conducted a search and seizure operation
off the coast of Mangsee Island in Balabac, Palawan in response to a fisherman’s report. They found the F/V Sea Lion
anchored three nautical miles off Mangsee Island, and beside it were five boats and a long fishing new already
sprawled over the water. The combined team boarded the vessel and arrested the captain, a Filipino, and the crew
composed of three Filipinos and three Chinese.
The Seventeen (17) accused were found guilty beyond reasonable doubt as principals for the crime of Violation
of Section 88, sub-par. (3) of R.A. 8550 and sentenced them to suffer an imprisonment of FIVE (5) YEARS TO
SIX (6) YEARS, SIX (6) MONTHS AND SEVEN (7) DAYS. The Fishing Vessel F/V Sea Lion I as well as the
fishing paraphernalia and equipments used by the accused in committing the crime was ordered confiscated in
favor of the government.
Petitioner contends that F/V Sea Lion should be released to it because it is the registered owner of said vessel and
her captain and crew members were not among those accused of and convicted invoking Article 45 of the
Revised Penal Code. The OSG contends that even if Article 45 of the Revised Penal Code is applicable, still the
present petition must fail due to petitioner's failure to present its third-party claim at the earliest opportunity.
Whether or not the confiscation of F/V
Sea Lion was valid
NO. Petitioner's claim of ownership of F/V Sea Lion is not
supported by any proof on record. The only document on
record that is relevant in this regard is a request for the
release of the F/V Sea Lion based on petitioner's alleged
ownership filed with the Provincial Prosecutor. While the
latter authorized the release of said fishing vessel, this was
conditioned upon petitioner's submission of a proof of
ownership and the filing of a bond, with which petitioner
failed to comply. Even when judicial proceedings
commenced, nothing was heard from the petitioner.
AQUACULTURE

FISHERY OPERATIONS INVOLVING

ALL FORMS OF RAISING AND
CULTURING OF FISH AND OTHER
FISHERY SPECIES IN FRESH,
BRACKISH AND MARINE WATER
LEASE OF FISHPONDS
• INDIVIDUAL - 50 HECTARES
• CORPORATIONS OR FISHERFOLKS ORGANIZATION - 250
HECTARES
• PERIOD- 25 YEARS (25 YEARS EXTENSION)
• LEASE RATES
• 3 YEARS FROM THE APPOVAL - PRODUCING OF
COMMERCIAL SCALE
• FISHPOND SHALL NOT BE SUBLEASED
• TRANSFER OR ASSIGNMENT UPON APPROVAL OF DA
• SHALL PROVIDE FACILITIES THAT WILL MINIMIZE
POLLUTION AND SUBJECT TO RULES AND REGULATIONS
• CODE OF PRACTICE FOR
AQUACULTURE
• REVERSION OF ALL ABANDONES,
UNDEVELOPED OR
UNDERUTILIZED FISHPONDS
• ABSENTEE FISHPOND LEASE
AGREEMENT HOLDERS
• LICENSE TO OPERATE FISHPENS
• GRANT OF PRIVILEGES FOR
OPERATIONS OF FISHPENS
FISHERY RESERVES, REFUGE &
SANCTUARIES

• FISHING AREAS
• FISH REFUGE AND SANCTURIES
PROHIBITIONS AND PENALTIES (RA 10654)
• UNATHORIZED FISHING
• ENGAGING IN UNATHORIZED FISHING
• FAILURE TO SECURE PERMIT
• UNREPORTED FISHING
• UNREGULATED FISHING
• POACHING
• FISHING THROUGH EXPLOSIVES
• CONVERSION OF MANGROVE FOREST
• OTHER VIOLATIONS
PROHIBITIONS
& PENALTIES
PROHIBITIONS
& PENALTIES
ADMINISTRATIVE
ADJUDICATION
Department of Environment and
Natural Resources
(DENR)
Organize and designate the
Administrative fines composition of the
and penalties Adjudication Committee
 Adjudication Committee
Composed of: -Supported by sufficent number of
staff
-Bureau Director
-promulgate rules and regulations
(Chairperson)
-issue subpoena duces tecum and
-4 other members ad testificandum in administrative
designated by the Secretary cases before it
Power to issue cease and desist
orders and to summarily evict
without the necessity of judicial
DENR
order
BFAR
Authority to issue notice of or
violation and order confiscation
duly authorized
representative
 Prohibition on the issuance of
temporary restraining orders,
preliminary injunctions, and
preliminary mandatory injunctions.

No injunction or restraining order from the

Municipal Trial Courts and Regional Trial Courts
shall lie against the Department and BFAR upon
the ex parte motion or petition filed by any person
or entity in the exercise by the Department and
BFAR of its regulatory functions in support of the
implementation of this Code.
 Adjudication Committee may
impose the following additional
sanctions
(1) confiscation of fishing gear;
(2) impoundment of fishing vessel;
(3) temporary suspension or permanent revocation of license or permit;
(4) temporary or permanent ban from the availment of applicable duty and tax rebates;
(5) inclusion in the IUU fishing vessel list;
(6) denial of entry and other port services;
(7) blacklisting; and
(8) increase in the amount of fines but not to exceed five times the value of the catch. In case of
repeated violations within a five-year period, the amount of fine may be increased up to eight times
the value of the catch.
 Citizen Suits Civil, Criminal or Administrative
action
Strategic Lawsuit Against Public
Participation
(SLAPP)
A legal action filed to harass, vex, exert undue pressure, or stifle
any legal recourse that any person, institution, or the government
has taken or may take in the enforcement of the Code shall be
treated as a Strategic Lawsuit Against Public Participation
(SLAPP).
Executive Control
The Secretary
The President
Ordinances

Local Government Units

(LGUs)
Seizure without warrant of fishing
vessels breaching fishery laws.
Quiz Time!
Are you ready?
Thank You