[REPUBLIC ACT No.

8550] partner of the Government in the sustainable development, management, conservation and protection of the fishery
and aquatic resources of the country.
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES
AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER The state shall ensure the attainment of the following objectives of the fishery sector:
PURPOSES
1.            Conservation, protection and sustained management of the country’s fishery and aquatic resources;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled
2.            Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk;

SECTION 1. Title. — This Act shall be known as “The Philippine Fisheries Code of 1998.” 3.            Improvement of productivity of aquaculture within ecological limits;

CHAPTER I 4.            Optimal utilization of offshore and deep-sea resources; and

Declaration of Policy and Definitions 5.            Upgrading of post-harvest technology.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State: SECTION 3. Application of its Provisions. — The provisions of this Code shall be enforced in:

a.            to achieve food security as the overriding consideration in the utilization, management, development, a.            all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and
conservation and protection of fishery resources in order to provide the food needs of the population. A flexible policy the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;
towards the attainment of food security shall be adopted in response to changes in demographic trends for fish,
emerging trends in the trade of fish and other aquatic products in domestic and international markets, and the law of
b.            all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited
supply and demand;
to fishponds, fishpens/cages; and

b.            to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment
c.             all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public
of Filipino citizens;
lands.

c.             to ensure the rational and sustainable development, management and conservation of the fishery and
SECTION 4. Definition of Terms. — As used in this Code, the following terms and phrases shall mean as follows:
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; 1.            Ancillary Industries — firms or companies related to the supply, construction and maintenance of fishing
vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries,
nurseries, feed plants, cold storage and refrigeration, processing plants and other pre-harvest and post-harvest
d.            to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in
facilities.
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; 2.            Appropriate Fishing Technology — adaptable technology, both in fishing and ancillary industries, that is
ecologically sound, locally source-based and labor intensive.
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 3.            Aquaculture — fishery operations involving all forms of raising and culturing fish and other fishery species
facilities, marketing assistance, and other services. The protection of municipal fisherfolk against foreign intrusion in fresh, brackish and marine water areas.
shall extend to offshore fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of
marine and fishery resources;

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

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4.            Aquatic Pollution — the introduction by human or machine, directly or indirectly, of substances or energy to
the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living
aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing
and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual
products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid,
gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation,
unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use
of artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also
constitute aquatic pollution.
5.            Aquatic Resources — includes fish, all other aquatic flora and fauna and other living resources of the
aquatic environment, including, but not limited to, salt and corals.
6.            Artificial Reefs — any structure of natural or man-made materials placed on a body of water to serve as
shelter and habitat, source of food, breeding areas for fishery species and shoreline protection.
7.            Catch Ceilings — refer to the annual catch limits allowed to be taken, gathered or harvested from any
fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic
organisms.
8.            Closed Season — the period during which the taking of specified fishery species by a specified fishing gear
is prohibited in a specified area or areas in Philippine waters.
9.            Coastal Area/Zone — is a band of dry land and adjacent ocean space (water and submerged land) in which
terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may
include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward
limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas.
10.          Commercial Fishing — the taking of fishery species by passive or active gear for trade, business & profit
beyond subsistence or sports fishing, to be further classified as:
1.            Small scale commercial fishing — fishing with passive or active gear utilizing fishing vessels of 3.1 gross
tons (GT) up to twenty (20) GT;
2.            Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1 GT up to one hundred
fifty (150) GT; and
3.            Large commercial fishing — fishing utilizing active gears and vessels of more than one hundred fifty (150)
GT.
11.          Commercial Scale — a scheme of producing a minimum harvest per hectare per year of milkfish or other
species including those raised in pens, cages, and tanks to be determined by the Department in consultation with the
concerned sectors;
12.          Coral — the hard calcareous substance made up of the skeleton of marine coelenterate polyps which
include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons
form a stony mass. They include: (a) skeletons of anthozoan coelenterates characterized as having a rigid axis of
compact calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink, and white
corals which are considered precious corals; (b) skeletons of anthozoan coelenterates characterized by thorny,
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horny axis such as the antipatharians represented by the black corals which are considered semi-precious corals;
and (c) ordinary corals which are any kind of corals that are not precious nor semi-precious.
13.          Coral Reef — a natural aggregation of coral skeleton, with or without living coral polyps, occurring in
intertidal and subtidal marine waters.
14.          Demarcated Areas — boundaries defined by markers and assigned exclusively to specific individuals or
organizations for certain specified and limited uses such as:
a.            Aquaculture, sea ranching and sea farming;
b.            Fish aggregating devices;
c.             Fixed and passive fishing gears; and
d.            Fry and fingerlings gathering.
15.          Department — shall mean the Department of Agriculture.
16.          Electrofishing — the use of electricity generated by batteries, electric generators and other source of
electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are
subsequently recovered.
17.          Endangered Rare and/or Threatened Species — aquatic plants, animals, including some varieties of corals
and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations or in the
Protected Areas and Wildlife Bureau of the Department of Environment and Natural Resources (DENR) and in the
Convention on the International Trade of Endangered Species of Flora and Fauna (CITES).
18.          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.
19.          FARMCs — the Fisheries and Aquatic Resources Management Councils.
20.          Farm-to-Market Roads — shall include roads linking the fisheries production sites, coastal landing points
and other post-harvest facilities to major market and arterial roads and highways.
21.          Fine Mesh Net — net with mesh size of less than three centimeters (3 cm.) measured between two (2)
opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency.
22.          Fish and Fishery/Aquatic Products — include not only finfish but also mollusks, crustaceans, echinoderms,
marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources
in any form.
23.          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.
24.          Fish Corral or “Baklad” — a stationary weir or trap devised to intercept and capture fish consisting of rows
of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or
more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the
catching chambers, purse or bags.
25.          Fish fingerlings — a stage in the life cycle of the fish measuring to about 6-13 cm. depending on the
species.
26.          Fish fry — a stage at which a fish has just been hatched usually with sizes from 1-2.5 cm.
27.          Fish pen — 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 fish.
28.          Fisherfolk — people directly or personally and physically engaged in taking and/or culturing and processing
fishery and/or aquatic resources.
29.          Fisherfolk Cooperative — a duly registered association of fisherfolk with a common bond of interest, who
have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to
the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with
universally accepted cooperative principles.
30.          Fisherfolk Organization — an organized group, association, federation, alliance or an institution of fisherfolk
which has at least fifteen (15) members, a set of officers, a constitution and by-laws, an organizational structure and
a program of action.
31.          Fisheries — refers to all activities relating to the act or business of fishing, culturing, preserving, processing,
marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to
fish or take aquatic resource thereof.
32.          Fish Pond — a land-based facility enclosed with earthen or stone material to impound water for growing
fish.
33.          Fishing Boat/Gear License — a permit to operate specific types of fishing boat/gear for specific duration in
areas beyond municipal waters for demersal or pelagic fishery resources.
34.          Fishery Management Areas — a bay, gulf, lake or any other fishery area which may be delineated for
fishery resource management purposes.
35.          Fishery Operator — one who owns and provides the means including land, labor, capital, fishing gears and
vessels, but does not personally engage in fishery.
36.          Fishery Refuge and Sanctuaries — a designated area where fishing or other forms of activities which may
damage the ecosystem of the area is prohibited and human access may be restricted.
37.          Fishery Reserve — a designated area where activities are regulated and set aside for educational and
research purposes.
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38.          Fishery Species — all aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates,
mollusks, crustaceans, echinoderms and cetaceans.
39.          Fishing — the taking of fishery species from their wild state of habitat, with or without the use of fishing
vessels.
40.          Fishing gear — any instrument or device and its accessories utilized in taking fish and other fishery
species.
a.            Active fishing gear — is a fishing device characterized by gear movements, and/or the pursuit of the target
species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target
species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill
net and tuna longline.
b.            Passive fishing gear — is characterized by the absence of gear movements and/or the pursuit of the target
species; such as, but not limited to, hook and line, fishpots, traps and gill nets across the path of the fish.
41.          Fishing vessel — any boat, ship or other watercraft equipped to be used for taking of fishery species or
aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing, including, but not
limited to, preservation, supply, storage, refrigeration, transportation and/or processing.
42.          Fishing with Explosives — the use of the dynamite, other explosives or other chemical compounds that
contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of
all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species. It also refers to the
use of any other substance and/or device which causes an explosion that is capable of producing the said harmful
effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat.
43.          Fishing with Noxious or Poisonous Substances — the use of any substance, plant extracts or juice thereof,
sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or
harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic
resources and capable of damaging and altering the natural habitat.
44.          Fishworker — a person regularly or not regularly employed in commercial fishing and related industries,
whose income is either in wage, profit-sharing or stratified sharing basis, including those working in fish pens, fish
cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish
processing and/or packing plants. Excluded from this category are administrators, security guards and overseers.
45.          Food Security — refers to any plan, policy or strategy aimed at ensuring adequate supplies of appropriate
food at affordable prices. Food security may be achieved through self-sufficiency (i.e. ensuring adequate food
supplies from domestic production), through self-reliance (i.e. ensuring adequate food supplies through a
combination of domestic production and importation), or through pure importation.
46.          Foreshore Land — a string of land margining a body of water; the part of a seashore between the low-water
line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked
by a beach scarp or berm.
47.          Fully-developed Fishpond Area — a clean leveled area enclosed by dikes, at least one foot higher than the
highest floodwater level in the locality and strong enough to resist pressure at the highest flood tide; consists of at
least a nursery pond, a transition pond, a rearing pond or a combination of any or all said classes of ponds, and a
functional water control system and producing in a commercial scale.
48.          Gross Tonnage — includes the underdeck tonnage, permanently enclosed spaces above the tonnage
deck, except for certain exemptions. In broad terms, all the vessel’s ‘closed-in’ spaces expressed in volume terms on
the bases of one hundred cubic feet (that equals one gross ton).
49.          Inland Fishery — the freshwater fishery and brackishwater fishponds.
50.          Lake — an inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake basin
intermittently or formerly covered by water.
51.          Limited Access — a fishery policy by which a system of equitable resource and allocation is established by
law through fishery rights granting and licensing procedure as provided by this Code.
52.          Mangroves — a community of intertidal plants including all species of trees, shrubs, vines and herbs found
on coasts, swamps, or border of swamps.
53.          Maximum Sustainable Yield (MSY) — is the largest average quantity of fish that can be harvested from a
fish stocks/resource within a period of time (e.g. one year) on a sustainable basis under existing environmental
conditions.
54.          Migratory species — refers to any fishery species which in the course of their life could travel from
freshwater to marine water or vice versa, or any marine species which travel over great distances in waters of the
ocean as part of their behavioral adaptation for survival and speciation:
(a)          Anadromous species — marine fishes which migrate to freshwater areas to spawn;
(b)          Catadromous species — freshwater fishes which migrate to marine areas to spawn.
55.          Monitoring, control and surveillance —
a.            Monitoring — the requirement of continuously observing: (1) fishing effort which can be expressed by the
number of days or hours of fishing, number of fishing gears and number of fisherfolk; (2) characteristics of fishery
resources; and (3) resource yields (catch);
b.            Control — the regulatory conditions (legal framework) under which the exploitation, utilization and
disposition of the resources may be conducted; and
c.             Surveillance — the degree and types of observations required to maintain compliance with regulations.
56.          Municipal fisherfolk — persons who are directly or indirectly engaged in municipal fishing and other related
fishing activities.
57.          Municipal fishing — refers to fishing within municipal waters using fishing vessels of three (3) gross tons or
less, or fishing not requiring the use of fishing vessels.
58.          Municipal waters — include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS
Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two
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(2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch
the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less
than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shore
of the respective municipalities.
59.          Non-governmental organization (NGO) — an agency, institution, a foundation or a group of persons whose
purpose is to assist peoples organizations/associations in various ways including, but not limited to, organizing,
education, training, research and/or resource accessing.
60.          Payao — a fish aggregating device consisting of a loating raft anchored by a weighted line with suspended
materials such as palm fronds to attract pelagic and schooling species common in deep waters.
61.          Pearl Farm Lease — public waters leased for the purpose of producing cultured pearls.
62.          People’s Organization — a bona fide association of citizens with demonstrated capacity to promote the
public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who
voluntarily band themselves together to work for and by themselves for their own upliftment, development and
greater good.
63.          Person — natural or juridical entities such as individuals, associations, partnership, cooperatives or
corporations.
64.          Philippine waters — include all bodies of water within the Philippine territory such as lakes, rivers, streams,
creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water now existing or which may
hereafter exist in the provinces, cities, municipalities, and barangays and the waters around, between and
connecting the islands of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea
beds, the insular shelves, and all other waters over which the Philippines has sovereignty and jurisdiction including
the 200-nautical miles Exclusive Economic Zone and the continental shelf.
65.          Post-harvest facilities — these facilities include, but are not limited to, fishport, fishlanding, ice plants and
cold storages, fish processing plants.
66.          Purse Seine — a form of encircling net having a line at the bottom passing through rings attached to the
net, which can be drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish.
The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until
the fish are concentrated in the bunt or fish bag.
67.          Resource Rent — the difference between the value of the products produced from harvesting a publicly
owned resource less the cost of producing it, where cost includes the normal return to capital and normal return to
labor.
68.          Sea farming — the stocking of natural or hatchery-produced marine plants or animals, under controlled
conditions, for purposes of rearing and harvesting, but not limited to commercially-important fishes, mollusks (such
as pearl and giant clam culture), including seaweeds and seagrasses.
69.          Sea ranching — the release of the young of fishery species reared in hatcheries and nurseries into natural
bodies of water for subsequent harvest at maturity or the manipulation of fishery habitat, to encourage the growth of
the wild stocks.
70.          Secretary — the Secretary of the Department of Agriculture.
71.          Superlight — also called magic light, is a type of light using halogen or metal halide bulb which may be
located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket.
The source of energy comes from a generator, battery or dynamo coupled with the main engine.
72.          Total Allowable Catch (TAC) — the maximum harvest allowed to be taken during a given period of time
from any fishery area, or from any fishery species or group of fishery species, or a combination of area and species
and normally would not exceed the MSY.
73.          Trawl — an active fishing gear consisting of a bag shaped net with or without otter boards to open its
opening which is dragged or towed along the bottom or through the water column to take fishery species by straining
them from the water, including all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow
nets.
CHAPTER II
Utilization, Management, Development, Conservation and
Allocation System of Fisheries and Aquatic Resources
SECTION 5. Use of Philippine Waters. — The use and exploitation 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.
SECTION 6. Fees and Other Fishery Charges. — The rentals for fishpond areas covered by the Fishpond Lease
Agreement (FLA) and license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect
resource rent accruing from the utilization of resources and shall be determined by the Department: Provided, That
the Department shall also prescribe fees and other fishery charges and issue the corresponding license or permit for
fishing gear, fishing accessories and other fishery activities beyond the municipal waters: Provided, further, That the
license fees of fishery activity in municipal waters shall be determined by the Local Government Units (LGUs) in
consultation with the FARMCs. The FARMCs may also recommend the appropriate license fees that will be
imposed.
SECTION 7. Access to Fishery Resources. — The Department shall issue such number of licenses and permits for
the conduct of fishery activities subject to the limits of the 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.
SECTION 8. Catch Ceiling Limitations. — The Secretary may prescribe limitations or quota on the total quantity of
fish captured, for a specified period of time and specified area based on the best available evidence. Such a catch
ceiling may be imposed per species of fish whenever necessary and practicable: Provided, however, That in
municipal waters and fishery management areas, and waters under the jurisdiction of special agencies, catch
ceilings may be established upon the concurrence and approval or recommendation of such special agency and the
concerned LGU in consultation with the FARMC for conservation or ecological purposes.
SECTION 9. Establishment of Closed Season. — The Secretary may declare, through public notice in at least two
(2) newspapers of general circulation or in public service announcements, whichever is applicable, at least five (5)
days before the declaration, a closed season in any or all Philippine waters outside the boundary of municipal waters
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and in bays, for conservation and ecological purposes. The Secretary may include waters under the jurisdiction of
special agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk in
the area to be covered by the closed season: Provided, however, That this shall be done only upon the concurrence
and approval or recommendation of such special agency and the concerned LGU and FARMC: Provided, further,
That in municipal waters, fishery management areas and other areas reserved for the use of the municipal fisherfolk,
closed season may be established by the concerned LGU in consultation with the FARMC for conservation or
ecological purposes. The FARMCs may also recommend the establishment of closed seasons in municipal waters,
fisheries management and other areas reserved for the use of the municipal fisherfolk.
SECTION 10. Introduction of Foreign Aquatic Species. — No foreign finfish, mollusk, crustacean or aquatic plants
shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based
on scientific studies subject to the bio-safety standard as provided for by existing laws: Provided, however, That the
Department may approve the introduction of foreign aquatic species for scientific/research purposes.
SECTION 11. Protection of Rare, Threatened and Endangered Species. — The Department shall declare closed
seasons and take conservation and rehabilitation measures for rare, threatened and endangered species, as it may
determine, and shall ban the fishing and/or taking of rare, threatened and/or endangered species, including their
eggs/offspring as identified by existing laws in concurrence with concerned government agencies.
SECTION 12. Environmental Impact Statement (EIS). — All government agencies as well as private corporations,
firms and entities who intend to undertake activities or projects which will affect the quality of the environment shall
be required to prepare a detailed Environmental Impact Statement (EIS) prior to undertaking such development
activity. The preparation of the EIS shall form an integral part of the entire planning process pursuant to the
provisions of Presidential Decree No. 1586 as well as its implementing rules and regulations.
SECTION 13. Environmental Compliance Certificate (ECC). — All Environmental Impact Statements (EIS) shall be
submitted to the Department of Environment and Natural Resources (DENR) for review and evaluation. No person,
natural or juridical, shall undertake any development project without first securing an Environmental Compliance
Certificate (ECC) from the Secretary of the DENR.
SECTION 14. Monitoring, Control and Surveillance of Philippine Waters. — A monitoring, control and surveillance
system shall be established by the Department in coordination with LGUs, FARMCs, the private sector and other
agencies concerned to ensure that the fisheries and aquatic resources in Philippine waters are judiciously and wisely
utilized and managed on a sustainable basis and conserved for the benefit and enjoyment exclusively of Filipino
citizens.
SECTION 15. Auxiliary Invoices. — All fish and fishery products must have an auxiliary invoice to be issued by the
LGUs or their duly authorized representatives prior to their transport from their point of origin to their point of
destination in the Philippines and/or export purposes upon payment of a fee to be determined by the LGUs to defray
administrative costs therefor.
ARTICLE I
Municipal Fisheries
SECTION 16. Jurisdiction of Municipal/City Government. — The municipal/city government shall have jurisdiction
over municipal waters as defined in this Code. The municipal/city government, in consultation with the FARMC shall
be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and
fishery/aquatic resources within their respective municipal waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose entry into the municipal waters, and of monitoring fishing activities an/or other related purposes: Provided, That the
and in accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component FARMC shall submit to the LGU the list of priorities for its consideration.
city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has jurisdiction
over the same.
Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or
other strategic locations where it shall be open to public inspection, for the purpose of validating the correctness and
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the completeness of the list. The LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms for
municipal/city council. inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may
likewise recommend such mechanisms.
The management of contiguous fishery resources such as bays which straddle several municipalities, cities or
provinces, shall be done in an integrated manner, and shall not be based on political subdivisions of municipal The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with
waters in order to facilitate their management as single resource systems. The LGUs which share or border such the assistance of the FARMC.
resources may group themselves and coordinate with each other to achieve the objectives of integrated fishery
resource management. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs)
SECTION 20. Fisherfolk Organizations and/or Cooperatives. — Fisherfolk organizations/cooperatives whose
established under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in the
members are listed in the registry of municipal fisherfolk, may be granted use of demarcated fishery areas to engage
management of contiguous resources.
in fish capture, mariculture and/or fish farming: Provided, however, That an organization/cooperative member whose
household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights
SECTION 17. Grant of Fishing Privileges in Municipal Waters. — The duly registered fisherfolk granted to the organization or cooperative.
organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City Council pursuant
to Section 149 of the Local Government Code: Provided, That in areas where there are special agencies or offices
SECTION 21. Priority of Resident Municipal Fisherfolk. — Resident municipal fisherfolk of the municipality
vested with jurisdiction over municipal waters by virtue of special laws creating these agencies such as, but not
concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcated fishery areas
limited to, the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said
of the said municipality.
offices and agencies shall continue to grant permits for proper management and implementation of the
aforementioned structures.
SECTION 22. Demarcated Fishery Right. — The LGU concerned shall grant demarcated fishery rights to fishery
organizations/cooperatives for mariculture operation in specific areas identified by the Department.
SECTION 18. Users of Municipal Waters. — All fishery related activities in municipal waters, as defined in this Code,
shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry of
municipal fisherfolk. SECTION 23. Limited Entry Into Overfished Areas. — Whenever it is determined by the LGUs and the Department
that a municipal water is overfished based on available data or information or in danger of being overfished, and that
there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the
The municipal or city government, however, may, through its local chief executive and acting pursuant to an
said waters.
appropriate ordinance, authorize or permit small and medium commercial fishing vessels to operate within the ten
point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that
all the following are met: SECTION 24. Support to Municipal Fisherfolk. — The Department and the LGUs shall provide support to municipal
fisherfolk through appropriate technology and research, credit, production and marketing assistance and other
services such as, but not limited to training for additional/supplementary livelihood.
a.            no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the
appropriate agency;
SECTION 25. Rights and Privileges of Fishworkers. — The fishworkers shall be entitled to the privileges accorded to
other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation
b.            fishing activities utilizing methods and gears that are determined to be consistent with national policies set
for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing operations are hereby
by the Department;
covered by the Philippine Labor Code, as amended.

c.             prior consultation, through public hearing, with the M/CFARMC has been conducted; and
ARTICLE II

d.            the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the
Commercial Fisheries
appropriate agency as not having violated this Code, environmental laws and related laws.

In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the
Department to be in an environmentally critical condition and during closed season as provided for in Section 9 of
this Code.
SECTION 19. Registry of Municipal Fisherfolk. — The LGU shall maintain a registry of municipal fisherfolk, who are
fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting
6
SECTION 26. Commercial Fishing Vessel License and Other Licenses. — 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, or seek employment as a fishworker or pearl diver without first securing a license from the
Department, the period of which shall be prescribed by the Department: Provided, That no such license shall be
required of a fishing vessel engaged in scientific, research or educational purposes within Philippine waters pursuant
to an international agreement of which the Philippines is a signatory and which agreement defines the status,
privileges and obligations of said vessel and its crew and the non-Filipino officials of the international agency under
which said vessel operates: Provided, further, That members of the crew of a fishing vessel used for commercial
fishing except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk: Provided, furthermore, That 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 fishworker licenses:
Provided, finally, That the large commercial fishing vessels license herein authorized to be granted shall allow the
licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth to be certified by the
NAMRIA, and subject to the conditions that may be stated therein and the rules and regulations that may be
promulgated by the Department.
SECTION 27. Persons Eligible for Commercial Fishing Vessel License. — No commercial fishing vessel license shall
be issued except to citizens of the Philippines, partnerships or to associations, cooperatives or corporations duly
registered in the Philippines at least sixty percent (60%) of the capital stock of which is owned by Filipino citizens. No
person to whom a license has been issued shall sell, transfer or assign, directly or indirectly, his stock or interest
therein to any person not qualified to hold a license. Any such transfer, sale or assignment shall be null and void and
shall not be registered in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines, partnerships, corporations,
cooperatives or associations qualified under this section shall secure Certificates of Philippine Registry and such
other documents as are necessary for fishing operations from the concerned agencies: Provided, That the
commercial fishing vessel license shall be valid for a period to be determined by the Department.
SECTION 28. Commercial Fishing Vessel Registration. — The registration, documentation, inspection and manning
of the operation of all types of fishing vessels plying Philippine waters shall be in accordance with laws, rules and
regulations.
SECTION 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing. — Before a commercial
fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine waters, the
fishing gear it will utilize in fishing shall be registered and a license granted therefor. The Department shall
promulgate guidelines to implement this provision within sixty (60) days from approval of this Code.
SECTION 30. Renewal of Commercial Boat License. — The commercial fishing boat license shall be renewed every
three (3) years.
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within
which to renew the same.
SECTION 31. Report of Transfer of Ownership. — The owner/operator of a registered fishing vessel shall notify the
Department in writing of the transfer of the ownership of the vessel with a copy of such document within ten (10)
days after its transfer to another person.
SECTION 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. — Fishing vessels of
Philippine registry may operate in international waters or waters of other countries which allow such fishing
operations: Provided, That they comply with the safety, manning and other requirements of the Philippine Coast
Guard, Maritime Industry Authority and other agencies concerned: Provided, however, That they secure an
international fishing permit and certificate of clearance from the Department: Provided, further, That the fish caught
by such vessels shall be considered as caught in Philippine waters and therefore not subject to all import duties and
taxes only when the same is landed in duly designated fish landings and fish ports in the Philippines: Provided,
furthermore, That landing ports established by canneries, seafood processors and all fish landing sites established
prior to the effectivity of this Code shall be considered authorized landing sites: Provided, finally, That fishworkers on
board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic
Zone are not considered as overseas Filipino workers.
7
SECTION 33. Importation of Fishing Vessels or Construction of New Fishing Boats. — Prior to the importation of
fishing vessels and the construction of new fishing vessels, the approval/clearance of the Department must first be
obtained.
SECTION 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. — Municipal and small-scale
commercial fisherfolk shall be granted incentives which shall include, but are not limited to, the following:
a.            at least ten percent (10%) of the credit and the guarantee funds of government financing institutions shall
be made available for post-harvest and marketing projects for the purpose of enhancing our fisherfolk
competitiveness by reducing post-harvest losses. Qualified projects shall include, but shall not be limited to, ice
plants, cold storage, canning, warehouse, transport and other related infrastructure projects and facilities; and
b.            the Department shall undertake the following programs:
1.            a capability-building program for targeted parties shall be developed by the Department to promote greater
bankability and credit worthiness of municipal and small-scale commercial fishers. Such program shall include
organizing activities, technology transfer, and skills training related to commercial fishing as well as credit
management. Groups and cooperatives organized under the program shall have priority access over credit and
guarantee funds established under this Code; and
2.            an information campaign shall be conducted to promote the capability building and credit programs. The
campaign shall ensure greater information dissemination and accessibility to targeted fisherfolk.
SECTION 35. Incentives for Commercial Fishers to Fish Farther into the Exclusive Economic Zone (EEZ). — In order
to encourage fishing vessel operators to fish farther in the 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). Such incentives shall be granted subject to exhaustive evaluation of resource and
exploitation conditions in the specified areas of fishing operations. The incentive shall include, but not be limited to:
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, the
period of exemption and guidelines shall be fixed by the Department within ninety (90) days from the effectivity of this
Code;
c.             commercial fishing operator of Philippine registry engaged in fisheries in the high seas shall be entitled to
duty and tax rebates on fuel consumption for commercial fisheries operations. Guidelines shall be promulgated
within ninety (90) days from the effectivity of this Code by the Department; 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.
SECTION 36. Complement of Fishing Vessels. — Every commercial fishing vessel of Philippine registry when
actually operated, shall be manned in accordance with the requirements of the Philippine Merchant Marine rules and
regulations.
SECTION 37. Medical Supplies and Life-Saving Devices. — All fishing vessels shall be provided with adequate SECTION 46. Lease of Fishponds. — Fishpond leased to qualified persons and fisherfolk organizations/cooperatives
medical supplies and life-saving devices to be determined by the Occupational Safety and Health Center: Provided, shall be subject to the following conditions:
That a fishing vessel of twenty (20) GT or more shall have as a member of its crew a person qualified as a first aider
duly certified by the Philippine National Red Cross.
a.            Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250 hectares for
corporations or fisherfolk organizations;
SECTION 38. Reportorial Requirements. — Each commercial fishing vessel shall keep a daily record of fish catch
and spoilage, landing points, and quantity and value of fish caught, and off-loaded for transshipment, sale and/or
b.            The lease shall be for a period of twenty-five (25) years and renewable for another twenty-five (25) years:
other disposal. Detailed information shall be duly certified by the vessel’s captain and transmitted monthly to the
Provided, That in case of the death of the lessee, his spouse and/or children, as his heirs, shall have preemptive
officer or representative of the Department, at the nearest designated landing point.
rights to the unexpired term of his Fishpond Lease Agreement subject to the same terms and conditions provided
herein provided that the said heirs are qualified;
SECTION 39. Report of Meteorological and Other Data. — All vessels and crafts passing navigational lanes or
engaged in fisheries activity shall be required to contribute to meteorological and other data, and shall assist the
c.             Lease rates for fishpond areas shall be determined by the Department: Provided, That all fees collected
Department in documentation or reporting of information vital to navigation and the fishing industry.
shall be remitted to the National Fisheries Research and Development Institute and other qualified research
institutions to be used for aquaculture research development;
SECTION 40. Color Code and Radio Frequency. — For administrative efficiency and enforcement of regulations,
registered fishing vessels shall bear a color code as may be determined by the Department and may be assigned a
d.            The area leased shall be developed and producing on a commercial scale within three (3) years from the
radio frequency specific and distinct to its area of operation.
approval of the lease contract: Provided, however, That all areas not fully producing within five (5) years from the
date of approval of the lease contract shall automatically revert to the public domain for reforestation;
SECTION 41. Passage. — Commercial and other passage not in the regular conduct of fisheries activity shall be
made at designated navigational lanes.
e.            The fishpond shall not be subleased, in whole or in part, and failure to comply with this provision shall mean
cancellation of FLA;
SECTION 42. Transshipment. — Foreign fishing vessels wishing to avail of land, air and sea facilities available in the
Philippines to transport fishery products which are caught outside Philippine territorial waters to its final destination
f.             The transfer or assignment of rights to FLA shall be allowed only upon prior written approval of the
shall call only at duly designated government-owned or -controlled regional fishport complexes after securing
Department;
clearance from the Department.

SECTION 43. Operation of Radio Communication Facilities on Board Fishing Vessels. — The Department shall
promulgate guidelines in the operation of radio communication facilities on board fishing vessels and the assignment
of radio frequencies specific and distinct to area of operation in coordination with the National Telecommunications
Commission.
SECTION 44. Use of Superlight. — The number and wattage of superlights used in commercial fishing vessels shall
be regulated by the Department: Provided, That the use of superlights is banned within municipal waters and bays.
ARTICLE III
Aquaculture
g.            The lessee shall undertake reforestation for river banks, bays, streams, and seashore fronting the dike of
his fishpond subject to the rules and regulations to be promulgated thereon; and
h.            The lessee shall provide facilities that will minimize environmental pollution, i.e., settling ponds, reservoirs,
etc: Provided, That failure to comply with this provision shall mean cancellation of FLA.
SECTION 47. Code of Practice for Aquaculture. — The Department shall establish a code of practice for aquaculture
that will outline general principles and guidelines for environmentally-sound design and operation to promote the
sustainable development of the industry. Such Code shall be developed through a consultative process with the
DENR, the fishworkers, FLA holders, fishpond owners, fisherfolk cooperatives, small-scale operators, research
institutions and the academe, and other potential stakeholders. The Department may consult with specialized
international organizations in the formulation of the code of practice.

SECTION 45. Disposition of Public Lands for Fishery Purposes. — Public lands such as tidal swamps, mangroves, SECTION 48. Incentives and Disincentives for Sustainable Aquaculture Practices. — The Department shall
marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or alienated. Upon formulate incentives and disincentives, such as, but not limited to, effluent charges, user fees and negotiable
effectivity of this Code, FLA may be issued for public lands that may be declared available for fishpond development permits, to encourage compliance with the environmental standards and to promote sustainable management
primarily to qualified fisherfolk cooperatives/associations: Provided, however, That upon the expiration of existing practices.
FLAs the current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in the
utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any Filipino citizen with
SECTION 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. — The DENR, in coordination
preference, primarily to qualified fisherfolk cooperatives/associations as well as small and medium enterprises as
with the Department, LGUs, other concerned agencies and FARMCs shall determine which abandoned,
defined under Republic Act No. 8289: Provided, further, That the Department shall declare as reservation, portions of
underdeveloped or underutilized fishponds covered by FLAs can be reverted to their original mangrove state and
available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological
after having made such determination shall take all steps necessary to restore such areas in their original mangrove
purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or fish traps
state.
shall be allowed in lakes.

8
SECTION 50. Absentee Fishpond Lease Agreement Holders. — Holders of fishpond lease agreements who have ARTICLE IV
acquired citizenship in another country during the existence of the FLA shall have their lease automatically cancelled
and the improvements thereon to be forfeited in favor of the government and disposed of in accordance with rules
Post-Harvest Facilities, Activities and Trades
and regulations promulgated thereon.

SECTION 58. Comprehensive Post-harvest and Ancillary Industries Plan. — The Department shall conduct a regular
SECTION 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the Culture of Fish
study of fisheries post-harvest operations and ancillary industries, in the formulation of a comprehensive plan for
and Other Fishery Products. — Fish pens, fish cages, fish traps and other structures for the culture of fish and other
post-harvest and ancillary industries. It shall take into account among others, the following:
fishery products shall be constructed and shall operate only within established zones duly designated by LGUs in
consultation with the FARMCs concerned consistent with national fisheries policies after the corresponding licenses
thereof have been secured. The area to be utilized for this purpose for individual person shall be determined by the a.            detailed and clear guidelines on the distribution, construction, maintenance and use of post-harvest
LGUs in consultation with the concerned FARMC: Provided, however, That not over ten percent (10%) of the infrastructure facilities;
suitable water surface area of all lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish cages
and fish traps; and the stocking density and feeding requirement which shall be controlled and determined by its
b.            extension of credit and incentives for post-harvest operations;
carrying capacity: Provided, further, That fish pens and fish cages located outside municipal waters shall be
constructed and operated only within fish pen and fish cage belts designated by the Department and after
corresponding licenses therefor have been secured and the fees thereof paid. c.             promotion and strengthening of semi-processing, processing and handling;

SECTION 52. Pearl Farm Leases. — The foregoing provisions notwithstanding, existing pearl farm leases shall be d.            development of domestic fishmeal industry;
respected and allowed to operate under the terms thereof. New leases may be granted to qualified persons who
possess the necessary capital and technology, by the LGUs having jurisdiction over the area.
e.            development of fisheries ship-building and repair as a viable industry;

SECTION 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar Structures. — No
new concessions, licenses, permits, leases and similar privileges for the establishment or operation of fish pens, fish
cages, fish corrals/traps and other similar structures in municipal areas shall be granted except to municipal
fisherfolk and their organizations.
SECTION 54. Insurance for Fishponds, Fish Cages and Fish Pens. — Inland fishponds, fish cages and fish pens
shall be covered under the insurance program of the Philippine Crop Insurance Corporation for losses caused by
force majeure and fortuitous events.
f.             development and strengthening of marketing facilities and activities, including the pricing system, with
emphasis on collective marketing and the elimination of middlemen;
g.            increased participation of cooperatives and non-governmental organizations in post-harvest operations and
ancillary industries; and
h.            integration of fisheries post-harvest operations into the national fisheries plan.

SECTION 55. Non-Obstruction to Navigation. — Nothing in the foregoing sections shall be construed as permitting
the lessee, licensee, or permittee to undertake any construction which will obstruct the free navigation in any stream,
river, lakes, or bays flowing through or adjoining the fish pens, fish cages, fish traps and fishponds, or impede the
flow of the tide to and from the area. Any construction made in violation hereof shall be removed upon the order of
the Department in coordination with the other government agencies concerned at the expense of the lessee,
licensee, or occupants thereof, whenever applicable. The Department shall within thirty (30) days after the effectivity
of this Code formulate and implement rules and regulations for the immediate dismantling of existing obstruction to
navigation.
SECTION 56. Non-Obstruction to Defined Migration Paths. — Nothing in the foregoing sections shall be construed
as permitting the lessee, permittee, or licensee to undertake any construction which will obstruct any defined
migration path of migratory fish species such as river mouths and estuaries within a distance determined by the
concerned LGUs in consultation with and upon the recommendation of the FARMCs.
SECTION 59. Establishment of Post-Harvest Facilities for Fishing Communities. — The LGUs shall coordinate with
the private sector and other concerned agencies and FARMCs in the establishment of post-harvest facilities for
fishing communities such as, but not limited to, municipal fish landing sites, fish ports, ice plants and cold storage
and other fish processing establishments to serve primarily the needs of municipal fisherfolk: Provided, That such
post-harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary Industries Plan.
SECTION 60. Registration and Licensing of all Post-Harvest Facilities. — All post-harvest facilities such as fish
processing plants, ice plants, and cold storages, fish ports/landings and other fishery business establishments must
register with and be licensed by the LGUs which shall prescribe minimum standards for such facilities in consultation
with the Department.
SECTION 61. Importation and Exportation of Fishery Products. —

SECTION 57. Registration of Fish Hatcheries and Private Fishponds, etc. — All fish hatcheries, fish breeding
facilities and private fishponds must be registered with the LGUs which shall prescribe minimum standards for such
facilities in consultation with the Department: Provided, That the Department shall conduct a yearly inventory of all
fishponds, fish pens and fish cages whether in public or private lands: Provided, further, That all fishpond, fish pens
and fish cage operators shall annually report to the Department the type of species and volume of production in
areas devoted to aquaculture.
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,
shall not be exported or caused to be exported by any person;

9
c.             Fishery products may be imported only when the importation has been certified as necessary by the
Department in consultation with the FARMC, and all the requirements of this Code, as well as all existing rules and
regulations 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 this Code; and
d.            No person, shall import and/or export fishery products of whatever size, stage or form for any purpose
without securing a permit from the Department.
The Department in consultation with the FARMC shall promulgate rules and regulations on importation and
exportation of fish and fishery/aquatic resources with the Government’s export/import simplification procedures.
SECTION 62. Instruments of Weights and Measures, and Quality Grades/Standards. — Standards for weights,
volume and other measurements for all fishery transactions shall be set by the Department.
All fish and fishery products for export, import and domestic consumption shall meet the quality grades/standards as
determined by the Department.
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful possession or use of
instruments of weights and measures.
CHAPTER III
Reconstitution of the Bureau of Fisheries and Aquatic Resources and Creation of Fisheries and Aquatic Resources
Management Councils
ARTICLE I
Reconstitution of the Bureau of Fisheries and Aquatic Resources
SECTION 63. Creation of the Position of Undersecretary for Fisheries and Aquatic Resources. — There is hereby
created in the Department of Agriculture the position of Undersecretary for Fisheries and Aquatic Resources, solely
for the purpose of attending to the needs of the fishing industry, to be appointed by the President. Such
Undersecretary shall have the following functions:
a.            set policies and formulate standards for the effective, efficient and economical operations of the fishing
industry in accordance with the programs of the government;
b.            exercise overall supervision over all functions and activities of all offices and instrumentalities and other
offices related to fisheries including its officers;
c.             establish, with the assistance of the director, such regional, provincial and other fishery officers as may be
necessary and appropriate and organize the internal structure of BFAR in such manner as is necessary for the
efficient and effective attainment of its objectives and purposes; and
d.            perform such other functions as may be necessary or proper to attain the objectives of this Code.
10
SECTION 64. Reconstitution of the BFAR. — The Bureau of Fisheries and Aquatic Resources (BFAR) is hereby
reconstituted as a line bureau under the Department of Agriculture.
SECTION 65. Functions of the Bureau of Fisheries and Aquatic Resources. — As a line bureau, the BFAR shall
have the following functions:
a.            prepare and implement a Comprehensive National Fisheries Industry Development Plan;
b.            issue licenses for the operation of commercial fishing vessels;
c.             issue identification cards free of charge to fishworkers engaged in commercial fishing;
d.            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;
e.            formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not
limited to, sea farming, sea ranching, tropical/ornamental fish and seaweed culture, aimed at increasing resource
productivity, improving resource use efficiency, and ensuring the long-term sustainability of the country’s fishery and
aquatic resources;
f.             establish and maintain a Comprehensive Fishery Information System;
g.            provide extensive development support services in all aspects of fisheries production, processing and
marketing;
h.            provide advisory services and technical assistance on the improvement of quality of fish from the time it is
caught (i.e. on board fishing vessel, at landing areas, fish markets, to the processing plants and to the distribution
and marketing chain);
i.              coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGUs,
FARMCs, fishery and organizations/cooperatives;
j.             advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish
markets and fish landing areas;
k.            establish a corps of specialists in collaboration with the Department of National Defense, Department of the
Interior and Local Government, Department of Foreign Affairs for the efficient monitoring, control and surveillance of
fishing activities within Philippine territorial waters and provide the necessary facilities, equipment and training
therefor;
l.              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;
m.           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/economic
activities and contribute significantly to development efforts;
n.            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 in
consultation with the NFARMC, LGUs and local FARMCs;
o.            develop value-added fishery-products for domestic consumption and export;
The Fisheries and Aquatic Resources Management Councils (FARMCs)
SECTION 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. — Fisherfolk and
their organizations residing within the geographical jurisdiction of the barangays, municipalities or cities with the
concerned LGUs shall develop the fishery/aquatic resources in municipal waters and bays.

p.            recommend measures for the protection/enhancement of the fishery industries;
q.            assist the LGUs in developing their technical capability in the development, management, regulation,
conservation, and protection of the fishery resources;
SECTION 69. Creation of Fisheries and Aquatic Resources Management Councils (FARMCs). — FARMCs shall be
established in the national level and in all municipalities/cities abutting municipal waters as defined by this Code. The
FARMCs shall be formed by fisherfolk organizations/cooperatives and NGOs in the locality and be assisted by the
LGUs and other government entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk, and other concerned
POs shall undergo consultation and orientation on the formation of FARMCs.

r.             formulate rules and regulations for the conservation and management of straddling fish stocks and highly
SECTION 70. Creation and Composition of the National Fisheries and Aquatic Resources Management Council
migratory fish stocks; and
(NFARMC). — There is hereby created a National Fisheries and Aquatic Resources Management Council
hereinafter referred to as NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall be
s.             perform such other related functions which shall promote the development, conservation, management, composed of fifteen (15) members consisting of:
protection and utilization of fisheries and aquatic resources.
a.            the Undersecretary of Agriculture, as Chairman;
SECTION 66. Composition of BFAR. — As a line bureau, the BFAR shall be headed by a Director and assisted by
two (2) Assistant Directors who shall supervise the administrative and technical services of the bureau respectively.
b.            the Undersecretary of the Interior and Local Government;
It shall establish regional, provincial and municipal offices as may be appropriate and necessary to carry out
effectively and efficiently the provisions of this Code.
c.             five (5) members representing the fisherfolk and fishworkers;
SECTION 67. Fisheries Inspection and Quarantine Service. — For purposes of monitoring and regulating the
importation and exportation of fish and fishery/aquatic resources, the Fisheries Inspection and Quarantine Service in d.            five (5) members representing commercial fishing and aquaculture operators and the processing sectors;
the BFAR is hereby strengthened and shall have the following functions:
e.            two (2) members from the academe; and
a.            conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and
going out of the country by air or water transport, to detect the presence of fish pest and diseases and if found to
f.             one (1) representative of NGOs involved in fisheries.
harbor fish pests or diseases shall be confiscated and disposed of in accordance with environmental standards and
practices;
The members of the NFARMC, except for the Undersecretary of Agriculture and the Undersecretary of the Interior
and Local Government, shall be appointed by the President upon the nomination of their respective organizations.
b.            implement international agreements/commitments on bio-safety and bio-diversity as well as prevent the
movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the
country; SECTION 71. Terms of Office. — The members of NFARMC, except the Undersecretary of Agriculture and the
Undersecretary of the Interior and Local Government, shall serve for a term of three (3) years without reappointment.
c.             quarantine such aquatic animals and other fishery products determined or suspected to be with fishery
pests and diseases and prevent the movement or trade from and/or into the country of these products so prohibited SECTION 72. Functions of the NFARMC. — The NFARMC shall have the following functions:
or regulated under existing laws, rules and regulations as well as international agreements of which the Philippines is
a State Party;
a.            assist in the formulation of national policies for the protection, sustainable development and management
of fishery and aquatic resources for the approval of the Secretary;
d.            examine all fish and fishery products coming into or going out of the country which may be a source or
medium of fish pests or diseases and/or regulated by existing fishery regulations and ensure that the quality of fish
b.            assist the Department in the preparation of the National Fisheries and Industry Development Plan; and
import and export meet international standards; and

c.             perform such other functions as may be provided by law.

e.            document and authorize the movement or trade of fish and fishery products when found free of fish pests
or diseases and collect necessary fees prescribed by law and regulations.
SECTION 73. The Municipal/City Fisheries and Aquatic Resources Management Councils (M/CFARMCs). — The
M/CFARMCs shall be created in each of the municipalities and cities abutting municipal waters. However, the LGU
ARTICLE II
may create the Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs) and the Lakewide

11
Fisheries and Aquatic Resources Management Councils (LFARMCs) whenever necessary. Such BFARMCs and
LFARMCs shall serve in an advisory capacity to the LGUs.
SECTION 74. Functions of the M/CFARMCs. — The M/CFARMCs shall exercise the following functions:
a.            assist in the preparation of the Municipal Fishery Development Plan and submit such plan to the Municipal
Development Council;
b.            recommend the enactment of municipal fishery ordinances to the sangguniang bayan/sangguniang
panlungsod through its Committee on Fisheries;
c.             assist in the enforcement of fishery laws, rules and regulations in municipal waters;
d.            advise the sangguniang bayan/panlungsod on fishery matters through its Committee on Fisheries, if such
has been organized; and
e.            perform such other functions which may be assigned by the sangguniang bayan/panlungsod.
SECTION 75. Composition of the M/CFARMC. — The regular member of the M/CFARMCs shall be composed of:
a.            Municipal/City Planning Development Officer;
b.            Chairperson, Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod;
c.             representative of the Municipal/City Development Council;
d.            representative from the accredited non-government organization;
e.            representative from the private sector;
f.             representative from the Department of Agriculture; and
g.            at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk, one (1) fishworker and three
(3) commercial fishers) in each municipality/city which include representative from youth and women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings and election.
SECTION 76. The Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs). — The IFARMCs
shall be created in bays, gulfs, lakes and rivers and dams bounded by two (2) or more municipalities/cities.
SECTION 77. Functions of the IFARMCs. — The IFARMC shall have the following functions:
a.            assist in the preparation of the Integrated Fishery Development Plan and submit such plan to the
concerned Municipal Development Councils;
b.            recommend the enactment of integrated fishery ordinances to the concerned sangguniang
bayan/panlungsod through its Committee on Fisheries, if such has been organized;
c.             assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters;
d.            advice the concerned sangguniang bayan/panlungsod on fishery matters through its Committee on
Fisheries, if such has been organized; and
12
e.            perform such other functions which may be assigned by the concerned sangguniang bayan/panlungsod.
SECTION 78. Composition of the IFARMCs. — The regular members of the IFARMCs shall be composed of the
following:
a.            the chairperson of the Committee on Agriculture/Fisheries of the concerned sangguniang
bayan/panlungsod;
b.            the Municipal/City Fisheries Officers of the concerned municipalities/cities;
c.             the Municipal/City Development Officers of the concerned municipalities/cities;
d.            one (1) representative from NGO;
e.            one (1) representative from private sector; and
f.             at least nine (9) representatives from the fisherfolk sector which include representatives from the youth and
women sector.
The Council shall adopt rules and regulations necessary to govern its proceedings and election.
SECTION 79. Source of Funds of the FARMCs. — A separate fund for the NFARMC, IFARMCs and M/CFARMCs
shall be established and administered by the Department from the regular annual budgetary appropriations.
CHAPTER IV
Fishery Reserves, Refuge and Sanctuaries
SECTION 80. Fishing Areas Reserves for Exclusive Use of Government. — The Department may designate area or
areas in Philippine waters beyond fifteen (15) kilometers from shoreline as fishery reservation for the exclusive use
of the government or any of its political subdivisions, agencies or instrumentalities, for propagation, educational,
research and scientific purposes: Provided, That in municipalities or cities, the concerned LGUs in consultation with
the FARMCs may recommend to the Department that portion of the municipal waters be declared as fishery reserves
for special or limited use, for educational, research, and/or special management purposes. The FARMCs may
recommend to the Department portions of the municipal waters which can be declared as fisheries reserves for
special or limited use for educational, research and special management purposes.
SECTION 81. Fish Refuge and Sanctuaries. — The Department may establish fish refuge and sanctuaries to be
administered in the manner to be prescribed by the BFAR at least twenty-five percent (25%) but not more than forty
percent (40%) of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of
mangroves to strengthen the habitat and the spawning grounds of fish. Within these areas no commercial fishing
shall be allowed. All marine fishery reserves, fish sanctuaries and mangrove swamp reservations already declared or
proclaimed by the President or legislated by the Congress of the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in municipal waters, the concerned LGU in
consultation with the FARMCs may establish fishery refuge and sanctuaries. The FARMCs may also recommend
fishery refuge and sanctuaries: Provided, further, That at least fifteen percent (15%) where applicable of the total
coastal areas in each municipality shall be identified, based on the best available scientific data and in consultation
with the Department, and automatically designated as fish sanctuaries by the LGUs in consultation with the
concerned FARMCs.
CHAPTER V
Fisheries Research and Development
SECTION 82. Creation of a National Fisheries Research and Development Institute (NFRDI). — In recognition of the
important role of fisheries research in the development, management, conservation and protection of the country’s
fisheries and aquatic resources, there is hereby created a National Fisheries Research and Development Institute
(NFRDI).
The Institute shall form part of the National Research and Development Network of the Department of Science and
Technology (DOST).
The Institute, which shall be attached to the Department shall serve as the primary research arm of the BFAR. The
overall governance of the Institute shall be vested in the Governing Board which shall formulate policy guidelines for
its operation. The plans, programs and operational budget shall be passed by the Board. The Board may create such
committees as it may deem necessary for the proper and effective performance of its functions. The composition of
the Governing Board shall be as follows:
a.            establish a national infrastructure unit complete with technologically-advanced features and modern
scientific equipment, which shall facilitate, monitor, and implement various research needs and activities of the
fisheries sector;
b.            provide a venue for intensive training and development of human resources in the field of fisheries, a
repository of all fisheries researches and scientific information;
c.             provide intensive training and development of human resources in the field of fisheries for the maximum
utilization of available technology;
d.            hasten the realization of the economic potential of the fisheries sector by maximizing developmental
research efforts in accordance with the requirements of the national fisheries conservations and development
programs, also possibly through collaborative effort with international institutions; and

a.            Undersecretary for Fisheries — Chairman

e.            formally establish, strengthen and expand the network of fisheries-researching communities through
b.            BFAR Director — Vice Chairman
effective communication linkages nationwide.
c.             NFRDI Executive Director — Member
d.            PCAMRD Executive Director — Member
e.            Representative from the academe — Member CHAPTER VI
f.             four (4) representatives from the private sector who shall come from the following subsectors: — Members
*             Municipal Fisherfolk
Prohibitions and Penalties
*             Commercial Fishing Operator
*             Aquaculture Operator
*             Post-Harvest/Processor SECTION 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. — No person shall
exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery
products, or engage in any fishery activity in Philippine waters without a license, lease or permit.
The NFRDI shall have a separate budget specific to its manpower requirements and operations to ensure the
independent and objective implementation of its research activities.
Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute
a prima facie presumption that the person and/or vessel is engaged in unauthorized fishing: Provided, That fishing
SECTION 83. Qualification Standard. — The Institute shall be headed by an Executive Director to be appointed by
for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be
the President of the Philippines upon the recommendation of the governing board. The Executive Director shall hold
allowed.
a Doctorate degree in fisheries and/or other related disciplines. The organizational structure and staffing pattern shall
be approved by the Department: Provided, however, That the staffing pattern and remunerations for scientific and
technical staff shall be based on the qualification standards for science and technology personnel. It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas
which may hereinafter be declared as over-exploited.
SECTION 84. Research and Development Objectives. — Researches to be done by the NFRDI are expected to
result in the following: Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of the above
prohibited acts upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos
(P10,000.00) whichever is higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and
a.            To raise the income of the fisherfolk and to elevate the Philippines among the top five (5) in the world
automatic revocation of license.
ranking in the fish productions;

It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing
b.            to make the country’s fishing industry in the high seas competitive;
activity in municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of
catch and a fine of Five hundred pesos (500.00).
c.             to conduct social research on fisherfolk families for a better understanding of their conditions and needs;
and
SECTION 87. Poaching in Philippine Waters. — It shall be unlawful for any foreign person, corporation or entity to
fish or operate any fishing vessel in Philippine waters.
d.            to coordinate with the fisheries schools, LGUs and private sectors regarding the maximum utilization of
available technology, including the transfer of such technology to the industry particularly the fisherfolk.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is
engaged in fishing in Philippine waters.
SECTION 85.       Functions of the NFRDI. — As a national institute, the NFRDI shall have the following functions:

13
Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in
addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is
empowered to impose an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not
more than Two hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine Currency.
SECTION 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. —
provided herein: Provided, finally, That the Department is hereby empowered to impose upon the offender an
administrative fine and/or cancel his permit or license or both.
SECTION 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. — It
shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas
using active fishing gears as defined in this Code.

(1)          It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or Violators of the above prohibitions shall suffer the following penalties:
any fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous substance such
as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or
(1)          The boat captain and master fisherman of the vessels who participated in the violation shall suffer the
fishery species: Provided, That the Department, subject to such safeguards and conditions deemed necessary and
penalty of imprisonment from two (2) years to six (6) years;
endorsement from the concerned LGUs, may allow, for research, educational or scientific purposes only, the use of
electricity, poisonous or noxious substances to catch, take or gather fish or fishery species: Provided, further, That
the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted (2)          The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty thousand
scientific practices and without causing adverse environmental impact in neighboring waters and grounds shall not pesos (20,000.00) upon the discretion of the court.
be construed as illegal fishing.
If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of,
any fish or fishery species which have been illegally caught, taken or gathered.
If the owner/operator is a partnership the penalty shall be imposed on the managing partner.

The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or
(3)          The catch shall be confiscated and forfeited.
noxious or poisonous substances, or equipment or device for electro-fishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute prima facie evidence, that the
same was used for fishing in violation of this Code. The discovery in any fishing vessel of fish caught or killed with SECTION 91. Ban on Coral Exploitation and Exportation. — It shall be unlawful for any person or corporation to
the use of explosive, noxious or poisonous substances or by electricity shall constitute prima facie evidence that the gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or in processed form, except
fisherfolk, operator, boat official or fishworker is fishing with the use thereof. for scientific or research purposes.

(2)          Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing
shall be punishable by imprisonment ranging from six (6) months to two (2) years.
(3)          Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall
be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate
criminal cases when the use of the same result to physical injury or loss of human life.
Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years and a fine from
Two thousand pesos (P2,000.00) to Twenty thousand pesos (20,000.00), or both such fine and imprisonment, at the
discretion of the court, and forfeiture of the subject corals, including the vessel and its proper disposition.
The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or
scientific purposes or disposed through other means.

(4)          Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall
be punished by imprisonment ranging from six (6) months to two (2) years.
(5)          In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices,
as well as the fishing vessels, fishing equipment and catch shall be forfeited.
SECTION 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. — It
shall be unlawful for any person, natural or juridical, to fish with gear method that destroys coral reefs, seagrass
beds, and other fishery marine life habitat as may be determined by the Department. “Muro-Ami” and any of its
variation, and such similar gear and methods that require diving, other physical or mechanical acts to pound the
coral reefs and other habitat to entrap, gather or catch fish and other fishery species are also prohibited.

The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who violate this provision
SECTION 89. Use of Fine Mesh Net. — It shall be unlawful to engage in fishing using nets with mesh smaller than
shall suffer a penalty of two (2) years to ten (10) years imprisonment and a fine of not less than One hundred
that which may be fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such fine and imprisonment,
to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but
at the discretion of the court. The catch and gear used shall be confiscated.
already mature to be identified in the implementing rules and regulations by the Department.

It shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any
Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand
other substances which make up any marine habitat.
pesos (P20,000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the
discretion of the court: Provided, That if the offense is committed by a commercial fishing vessel, the boat captain
and the master fisherman shall also be subject to the penalties provided herein: Provided, further, That the The person or corporation who violates this provision shall suffer a penalty of two (2) years to ten (10) years
owner/operator of the commercial fishing vessel who violates this provision shall be subjected to the same penalties imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00) to Five hundred thousand

14
pesos (P500,000.00) or both such fine and imprisonment, at the discretion of the court. The substance taken from its
marine habitat shall be confiscated.
SECTION 93. Illegal Use of Superlights. — It shall be unlawful to engage in fishing with the use of superlights in
municipal waters or in violation of the rules and regulations which may be promulgated by the Department on the use
of superlights outside municipal waters.
Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years or a fine of Five
thousand pesos (P5,000.00) per superlight, or both such fine and imprisonment at the discretion of the courts. The
superlight, fishing gears and vessel shall be confiscated.
SECTION 99. Exportation of Breeders, Spawners, Eggs or Fry. — Exportation of breeders, spawners, eggs or fry as
prohibited in this Code shall be punished by imprisonment of eight (8) years, confiscation of the same or a fine
equivalent to double the value of the same, and revocation of the fishing and/or export license/permit.
SECTION 100. Importation or Exportation of Fish or Fishery Species. — Any importation or exportation of fish or
fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty
thousand pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery species in favor
of the department for its proper disposition: Provided, That violator of this provision shall be banned from being
members or stock holders of companies currently engaged in fisheries or companies to be created in the future, the
guidelines for which shall be promulgated by the Department.

SECTION 101. Violation of Catch Ceilings. — It shall be unlawful for any person to fish in violation of catch ceilings
SECTION 94. Conversion of Mangroves. — It shall be unlawful for any person to convert mangroves into fishponds
as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of six
or for any other purposes.
(6) months and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the
catch, and fishing equipment used and revocation of license.
Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve
(12) years and/or a fine of Eighty thousand pesos (P80,000.00): Provided, That if the area requires rehabilitation or
SECTION 102. Aquatic Pollution. — Aquatic pollution, as defined in this Code shall be unlawful.
restoration as determined by the court, the offender should also be required to restore or compensate for the
restoration of the damage.
Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve
(12) years and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos
SECTION 95. Fishing in Overfished Area and During Closed Season. — It shall be unlawful to fish in overfished area
(P8,000.00) per day until such violation ceases and the fines paid.
and during closed season.

Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six
(6) years and/or fine of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing
permit or license.
SECTION 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. — It shall be unlawful to fish in fishery areas
declared by the Department as fishery reserves, refuge and sanctuaries.
Violation of the provision of this section shall be punished by imprisonment of two (2) years to six (6) years and/or
fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and
the cancellation of fishing permit or license.
SECTION 97. Fishing or Taking of Rare, Threatened or Endangered Species. — It shall be unlawful to fish or take
rare, threatened or endangered species as listed in the CITES and as determined by the Department.
SECTION 103. Other Violations. — The following fisheries activities shall also be considered as a violation of this
Code:
a.            Failure to Comply with Minimum Safety Standards. — The owner and captain of a commercial fishing
vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with
the safety standards provided in this Code, shall be immediately prevented from continuing with his fishing activity
and escorted to the nearest port or landing point. The license to operate the commercial fishing vessel shall be
suspended until the safety standard has been complied with.
b.            Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. — The FLA of the holder
who fails to render a yearly report shall be immediately cancelled: Provided, That if the offender be the owner of the
fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) first offense, a fine of Five
hundred pesos (P500.00) per unreported hectare; (2) subsequent offenses, a fine of One thousand pesos (1,000.00)
per unreported hectare.

Violation of the provision of this section shall be punished by imprisonment of twelve (12) years to twenty (20) years c.             Gathering and Marketing of Shell Fishes. — It shall be unlawful for any person to take, sell, transfer, or
and/or a fine of One hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the have in possession for any purpose any shell fish which is sexually mature or below the minimum size or above the
cancellation of fishing permit. maximum quantities prescribed for the particular species.

SECTION 98. Capture of Sabalo and Other Breeders/Spawners. — It shall be unlawful for any person to catch, d.            Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay. — It shall be unlawful
gather, capture or possess mature milkfish or “sabalo” and such other breeders or spawners of other fishery species for any person who causes obstruction to navigation or flow or ebb of tide.
as may be determined by the Department: Provided, That catching of “sabalo” and other breeders/spawners for local
breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the
e.            Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages. — It shall be unlawful to
Department.
construct and operate fish corrals/traps, fish pens and fish cages without a license/permit.

Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to eight
Subject to the provision of subparagraph (b) of this section, violation of the above-enumerated prohibited acts shall
(8) years and/or a fine of Eighty thousand pesos (P80,000.00) and forfeiture of the catch, and fishing equipment
subject the offender to a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or
used and revocation of license.
imprisonment from one (1) month and one (1) day to six (6) months, or both such fine and imprisonment, upon the
15
discretion of the court: Provided, That the Secretary is hereby empowered to impose upon the offender an SECTION 109. Municipal Fisheries Grant Fund. — For the development, management and conservation of the
administrative fine of not more than Ten thousand pesos (P10,000.00) or to cancel his permit or license, or to impose municipal resources, there is hereby created a Fishery Grant Fund to finance fishery projects of the LGUs primarily
such fine and to cancel his permit or license, in the discretion of the Secretary: Provided, further, That the Secretary, for the upliftment of the municipal fisherfolk. The amount of One hundred million pesos (P100,000,000.00) is hereby
or his duly authorized representative, and law enforcement agents are hereby empowered to impound with the appropriated out of the Department’s allocation in the General Appropriations Act (GAA) to support the Grant Fund.
assistance of the Philippine Coast Guard, PNP-Maritime Command: Provided, finally, That any person who
unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such
For this purpose, the Department may seek financial assistance from any source and may receive any donation
inspection and/or movement is authorized under this Code, shall be subject to a fine of not more than Ten thousand
therefore.
pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, upon the
discretion of the court.
SECTION 110. Fishery Loan and Guarantee Fund. — Pursuant to Section 7, Article XIII of the Constitution, there is
hereby created a Fishery Loan and Guarantee Fund with an initial of One hundred million pesos (P100,000,000.00),
Every penalty imposed for the commission of an offense shall carry with it the forfeiture of the proceeds of such
which shall be administered by the Land Bank of the Philippines. The fund shall be made available for lending to
offense and the instruments or tools with which it was committed.
qualified borrowers to finance the development of the fishery industry under a program to be prescribed by the
Department.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be
the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce
For the same purpose, the Department may seek financial assistance from any source and may receive any
shall be destroyed.
donation therefrom.

SECTION 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. —
SECTION 111. Fishing Vessels Development Fund. — There is hereby created a Fishing Vessels Development
The owner/operator of a commercial fishing vessel employing unlicensed fisherfolk or fishworker shall be fined Five
Fund to enhance the building and/or acquisition of fishing vessels. This shall be a long-term loan facility that shall be
hundred pesos (P500.00) each for every month that the same has been employed and/or One thousand pesos
administered by the Development Bank of the Philippines. The amount of Two hundred and fifty million pesos
(P1,000.00) for every month for each unlicensed crew member who has been employed.
(P250,000,000.00) per year for five (5) years is hereby appropriated out of the Department’s allocation in the GAA to
support this Development Fund.
SECTION 105. Obstruction of Defined Migration Paths. — Obstruction of any defined migration paths of
anadromous, catadromous and other migratory species, in areas including, but not limited to river mouths and
SECTION 112. Special Fisheries Science and Approfishtech Fund. — The Department shall provide subsidy for full
estuaries within a distance determined by the concerned FARMCs shall be punished by imprisonment of seven (7)
technical and financial support to the development of appropriate technology, both in fishery and ancillary industries,
years to twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos
that are ecologically sound, locally source-based and labor intensive, based on the requirement and needs of the
(P100,000.00)or both imprisonment and fine at the discretion of the court, and cancellation of permit/license, if any,
FARMCs. An initial amount of One hundred million pesos (100,000,000.00) shall be authorized for the purpose of a
and dismantling of obstruction shall be at his own expense and confiscation of same.
Special Fisheries Science and Approfishtech Fund, and thereafter shall be included in the GAA.

SECTION 106. Obstruction to Fishery Law Enforcement Officer. — The boat owner, master or operator or any
SECTION 113. Aquaculture Investment Fund. — An Aquaculture Investment Fund in the minimum amount of Fifty
person acting on his behalf of any fishing vessel who evades, obstructs or hinders any fishery law enforcement
million pesos (P50,000,000.00) shall be established for soft loans which shall be extended to municipal fisherfolk and
officer of the Department to perform his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the
their organization who will engage in aquaculture, and for the development of underdeveloped or underutilized inland
registration, permit and/or license of the vessel including the license of the master fisherman shall be canceled.
fishponds.

SECTION 107. Promulgation of Administrative Orders. — For purposes of fishery regulation or other fishery
SECTION 114. Other Fisheries Financing Facilities. — In addition to fisheries credit guarantee, grant and other
adjustments, the Department in consultation with the LGUs and local FARMCs, shall issue Fishery Administrative
similar facilities granted under this Code, qualified Filipino fisherfolk and fisheries enterprises shall enjoy such other
Orders or regulations for the conservation, preservation, management and sustainable development of fishery and
facilities granted them under existing and/or new laws, specially as to rural credit, with preference being given to
aquatic resources.
fisheries cooperatives.

CHAPTER VII
General Provisions
SECTION 108. Fisherfolk Settlement Areas. — The Department shall establish and create fisherfolk settlement
areas in coordination with concerned agencies of the government, where certain areas of the public domain,
specifically near the fishing grounds, shall be reserved for the settlement of the municipal fisherfolk. Nothing in this
section shall be construed to vest ownership of any resettlement area to a municipal fisherfolk for whom said areas
may have been reserved for or had been actually granted to.
16
SECTION 115. Professionalization of Fisheries Graduates. — There is hereby created a Fisheries Board of
Examiners in the Professional Regulation Commission to upgrade the Fisheries Profession: Provided, however, That
those who have passed the Civil Service Examination for Fisheries shall automatically be granted eligibility by the
Fisheries Board of Examiners: Provided, further, That they have served the industry in either public or private
capacity for not less than five (5) years: Provided, finally, That the first Board Examination for B.S. Fisheries
Graduates shall be conducted within one (1) year from the approval of this Code.
SECTION 116. Upgrading of State Fisheries Schools/Colleges. — The Department, in coordination with the
Commission on Higher Education (CHED), Department of Education, Culture and Sports (DECS), and Technical
Education and Skills Development Authority (TESDA), shall upgrade State Fisheries Schools/Colleges which provide
both formal and non-formal education: Provided, however, That the CHED shall incorporate Approfishtech in the
curricula of fisheries schools/colleges.
The Department and the CHED shall jointly formulate standards to upgrade all fisheries schools/colleges. Fisheries
schools/colleges that do not meet minimum standards shall be closed.
SECTION 117. Inclusion of Fisheries Conservation Subjects in School Curriculum. — Fisheries conservation
subjects shall be incorporated in the curricula of elementary and secondary schools both private and public.
SECTION 118. Educational campaign at all levels. — The Department, the CHED, the DECS and the Philippine
Information Agency shall launch and pursue a nationwide educational campaign to:
a.            help realize the policies and implement the provisions of this Code;
b.            promote the development, management, conservation and proper use of the environment;
c.             promote the principle of sustainable development; and
d.            promote the development of truly Filipino-oriented fishing and ancillary industries.
SECTION 119. Infrastructure Support. — The Department in cooperation with concerned agencies shall:
a.            prepare and implement a nationwide plan for the development of municipal fishing ports and markets;
b.            prioritize the construction of farm-to-market roads linking the fisheries production sites, coastal landing
points and other post-harvest facilities to major market and arterial roads/highways;
c.             identity community infrastructure facilities such as fish landing ports, ice plant and cold storage facilities in
consultation with fishery cooperatives/associations and prepare plans and designs for their construction that would
be consistent with international environmental impact;
d.            establish and maintain quality laboratories in major fish ports and prescribe the highest standards for the
operation and maintenance of such post-harvest facilities;
e.            arrange and make representations with appropriate funding institutions to finance such facilities for the use
of the fishery cooperatives/associations;
f.             develop and strengthen marketing facilities and promote cooperative marketing systems; and
g.            promote and strengthen local fisheries ship-building and repair industry.
SECTION 120. Extension Services. — The Department shall develop cost-effective, practical and efficient extension
services on a sustained basis, in addition to those provided by state educational institutions, especially to municipal
fisherfolk in undeveloped areas, utilizing practicable and indigenous resources and government agencies available,
and based upon a system of self-reliance and self-help.
SECTION 121. Protection of Sensitive Technical Information. — The Department shall take such measures as may
be necessary in order to protect trade, industrial and policy information of Filipino fisherfolk, fisheries
owners/operators, entrepreneurs, manufacturers and researchers, when disclosure of such information will injure the
competitiveness or viability of domestic fisheries.
17
SECTION 122. Assistance in Collecting Information. — The Department, in coordination with other government
entities concerned, may require Filipino representatives abroad and foreign-based personnel to assist in the
collection of fisheries data and information.
SECTION 123.     Charting of Navigational Lanes and Delineation of Municipal Waters. — The Department shall
authorize the National Mapping and Resource Information Authority (NAMRIA) for the designation and charting of
navigational lanes in fishery areas and delineation of municipal waters. The Philippine Coast Guard shall exercise
control and supervision over such designated navigational lanes.
SECTION 124. Persons and Deputies Authorized to Enforce this Code and Other Fishery Laws, Rules and
Regulations. — The law enforcement officers of the Department, the Philippine Navy, Philippine Coast Guard,
Philippine National Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other
government enforcement agencies, are hereby authorized to enforce this Code and other fishery laws, rules and
regulations. Other competent government officials and employees, punong barangays and officers and members of
fisherfolk associations who have undergone training on law enforcement may be designated in writing by the
Department as deputy fish wardens in the enforcement of this Code and other fishery laws, rules and regulations.
SECTION 125. Strengthening Prosecution and Conviction of Violators of Fishery Laws. — The Department of
Justice (DOJ) shall embark on a program to strengthen the prosecution and conviction aspects of fishery law
enforcement through augmentation of the current complement of state prosecutors and through their continuous
training and reorientation on fishery laws, rules and regulations.
SECTION 126. Foreign Grants and Aids. — All foreign grants, aids, exchange programs, loans, researches and the
like shall be evaluated and regulated by the Department to ensure that such are consistent with the Filipinization,
democratization and industrialization of fishing industry and the development of the entire country.
SECTION 127. Mandatory Review. — The Congress of the Philippines shall undertake a mandatory review of this
Code at least once every five (5) years and as often as it may deem necessary, to ensure that fisheries policies and
guidelines remain responsive to changing circumstances.
CHAPTER VIII
Transitory Provisions
SECTION 128. Moratoria. — The Department shall, upon the recommendation of the Bureau, have the power to
declare a moratorium on the issuance of licenses for commercial fishing vessels to operate in specified area or areas
in Philippine waters for a limited period of time if there are indications of overfishing brought about by a decrease in
the volume and sizes of fish caught therein or for conservation or ecological purposes.
No new licenses and similar privileges on exploitation of specific fishery areas in Philippine waters and aquaculture
production areas shall be issued in accordance with this Code. Such moratoria shall not exceed five (5) years from
the effectivity of this Code.
SECTION 129. Formulation of Implementing Rules and Regulations. — An Inter-agency Committee is hereby
created to formulate rules and regulations for the full implementation of this Code within ninety (90) days of its
effectivity: Provided, however, That the formulated rules and regulations shall be submitted to both Houses of
Congress for information and guidance. Such rules and regulations shall take effect upon publication in a newspaper
of general circulation.
The Inter-agency Committee shall be composed of the following:
a.            Secretary of Agriculture as Chairman; AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING,
b.            Secretary of the Interior and Local Government; AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS "THE PHILIPPINE FISHERIES CODE OF
c.             Secretary of Environment and Natural Resources; 1998," AND FOR OTHER PURPOSES
d.            Secretary of Justice;
e.            Secretary of Finance;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
f.             Secretary of Budget and Management;
g.            Secretary of Labor and Employment;
h.            Secretary of National Defense; Section 1. Section 2 of Republic Act No. 8550, otherwise known as "The Philippine Fisheries Code of 1998", is
i.              Commissioner of Civil Service Commission; hereby amended, as follows:
j.             Director of BFAR;
k.            Executive Director of PCAMRD;
"SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State:
l.              General Manager of PFDA;
m.           One (1) representative from each of the following:
a.1.         The League of Provinces; (a) x x x
a.2.         The League of Cities;
a.3.         The League of Municipalities;
a.4.         The Liga ng mga Barangay; xxx
n.            Representative of the municipal fisherfolk;
o.            Representative of the commercial fishers; (c) To ensure the rational and sustainable development, management and conservation of the fishery and aquatic
p.            Representative of the non-government organizations involved in fishing concerns; and resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas,
q.            A representative from the academe coming from the specialized fisheries institution. consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the
quality of the environment. The Philippines shall pursue its commitment to international conventions and cooperate
with other states and international bodies, in order to conserve and manage threatened , aquatic species, straddling
CHAPTER IX and highly migratory fish stocks and other living marine resources;

Final Provisions xxx

SECTION 130. Appropriation. — The sum necessary to effectively carry out the provisions of this Act during the first
year of implementation shall be sourced from the budget of the DA/BFAR and other agencies performing fisheries-
related functions: Provided, however, That such amount as may be necessary to carry out the provisions of Sections
79, 109, 110, 111, 112, 113 are hereby appropriated out of the unappropriated funds of the National Treasury. The
Congress of the Philippines shall provide for the appropriations of the Department, the NFRDI and the Fisheries
Scholarship Program for the succeeding years to be included in the annual GAA.
(f) To adopt the precautionary principle and manage fishery and aquatic resources, in a manner consistent with the
concept of an ecosystem-based approach to fisheries management and integrated coastal area management in
specific natural fishery management areas, appropriately supported by research, technical services and guidance
provided by the State; and
x x x."

SECTION 131. Repealing Clause. — Presidential Decree No. 704, as amended by Presidential Decree Nos. 1015
and 1058, Presidential Decree No. 977, as amended, Executive Order No. 967, Series of 1984, Executive Order No.
116, Series of 1987, Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and other
existing laws except Republic Act No. 7611, decrees, executive orders, and rules and regulations or parts thereof,
which are inconsistent with this Code, are hereby repealed or modified accordingly.
SECTION 132. Separability Clause. — If any portion or provision of this Code is declared unconstitutional or invalid,
the other portions or provisions hereof, which are not affected thereby, shall continue in full force and effect.
Section 2. Section 3 of the same Act is hereby amended, as follows:
"SEC. 3. Application of its Provisions. – The provisions of this Code shall be enforced in:
(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;

SECTION 133. Effectivity. — This Code shall take effect fifteen (15) days after its publication in the Official Gazette (b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including,
or in two (2) newspapers of general publication. but not limited to, fishponds, fish pens/cages ;

Approved on February 25, 1998 (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."
REPUBLIC ACT NO. 10654
18
Section 3. Section 4 of the same Act is hereby amended, as follows: (39) x x x
(40) x x x
(41) x x x
"SEC. 4. Definition of Terms. – As used in this Code, the following terms and phrases shall mean as
(42) x x x
follows:
(43) x x x

(1) x x x
(44) Fishing Gear – refers to any instrument or device and its accessories utilized in taking fish and other
fishery species.
xxx
(a) Active Fishing Gear – is a fishing device characterized by the pursuit of the target species by
(12) Community Service – means any service or activity that is performed for the benefit of the community towing, pushing the gears, surrounding, covering, dredging, and scaring the target species to
or its institutions in lieu of payment of fine imposed as administrative or criminal penalty. impoundments; such as, but not limited to, trawl, purse seines, Danish seines, paaling and drift
gill net.
(13) Conservation and Management Measures – means measures to conserve and manage living marine
resources that are adopted and applied consistently with the relevant rules of international law including (b) Passive Fishing Gear – is characterized by the absence of pursuit of the target species; such
those reflected in conventions, RFMO resolutions and laws of other coastal states where Philippine as, but not limited to, hook and line, fishpots, traps and gill nets set across the path of the fish.
flagged vessels fish.
(45) Fishing Light Attractor – refers to a fishing aid which employs lights using, among others, mercury
(14) x x x vapor, high pressure sodium vapor, standard tungsten, tungsten halogen, fluorescent or light-emitting
(15) x x x diode, that are attached to a structure above water or suspended underwater to attract both fish and
(16) x x x members of their food chain to specific areas in order to harvest them.
(17) x x x
(18) Distant Water Fishing – means fishing in the high seas or in waters of other states.
(46) x x x
(19) x x x
(20) x x x
(21) x x x (47) x x x
(22) x x x (48) x x x
(23) x x x (49) x x x
(24) x x x (50) x x x
(25) x x x (51) x x x
(26) x x x (52) x x x
(27) x x x (53) x x x
(28) x x x
(29) x x x
(54) Harvest Control Rules – refers to actions or set of actions to be taken to achieve a medium or long
(30) x x x
term target reference point while avoiding reaching or breaching a limit reference point.
(31) x x x
(32) x x x
(33) x x x (55) Illegal Fishing – means fishing activities conducted by Philippine fishing vessels operating in violation
(34) x x x of Philippine laws, Regional Fisheries Management Organization resolutions, and laws of other coastal
states.
(35) Fisheries Observer – refers to a person duly authorized by the Philippine government or under a
Regional Observer Program of the RFMO, to collect scientific, technical or fishing-related data, and other (56) x x x
information that may be required by the government or the RFMO and/ or in compliance to a conservation (57) x x x
and management measure. (58) x x x
(59) x x x
(36) x x x
(60) Marine Protected Area – means a defined area of the sea established and set aside by law,
administrative regulation, or any other effective means in order to conserve and protect a part of or the
(37) Fishing Vessel/Gear License – refers to a permit to operate specific types of fishing vessel/gear for
entire enclosed environment through the establishment of management guidelines. It is considered a
specific duration in areas beyond municipal waters for demersal or pelagic fishery resources.
generic term that includes all declared areas governed by specific rules or guidelines in order to protect
and manage activities within the enclosed area.
(38) x x x

19
 (61) x x x (f) Falsifying, concealing or tampering with vessel markings, identity or registration to conceal
(62) x x x vessel identity or lack of registration;
(63) x x x
(64) x x x
(g) Concealing, tampering or disposing of evidence relating to an investigation of a violation;
(65) x x x
(66) x x x
(67) x x x (h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing
(68) x x x or delaying a fisheries law enforcer, authorized inspector or observer or other duly authorized
(69) x x x government officer;
(70) x x x
(71) x x x
(i) Intentionally tampering with or disabling the vessel monitoring system; and
(72) x x x

(j) Committing multiple violations which taken together constitute a serious disregard of this
(73) Port State Measures – refers to the requirements established or interventions undertaken by port
Code.
states, which a Philippine flagged or foreign fishing vessel must comply with as a condition for the use of
ports within the port state.
(83) Superlight – also called magic light, refers to a type of light using halogen or metal halide bulb which
may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric
(74) x x x
cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main
engine.
(75) x x x
(84) x x x
(76) Reference Points – means benchmark values often based on indicators such as fishery stock size or
the level of fishing that serves as standard to compare estimates of a fishery stock size and fishing
(85) Transhipment – refers to the transfer of all or any fish or fishery product from one fishing vessel to
mortality over time depending on the biological characteristics of the species. Reference points can mark:
another.
(a) a limit or a level that should be avoided; (b) a target, which should be achieved and maintained; or (c)
a trigger that signals the need to take prescribed actions.
(86) x x x
(77) Regional Fisheries Management Organization (RFMO) – means a multi-lateral organization with
responsibility to coordinate management and establish conservation and management measures for highly (87) Unregulated Fishing – refers to fishing activities conducted by:
migratory fish stocks, fish stocks that straddle national fisheries management boundaries and other high
seas species.
(a) Vessels without nationality but operated by Filipino and/or Filipino corporation;

(78) x x x
(79) x x x (b) Philippine flagged fishing vessels operating in areas managed by RFMOs to which the
(80) x x x Philippines is not a party to; or
(81) x x x
(c) Philippine flagged fishing vessels operating in areas or fish stocks where there are no
(82) Serious Violation – means any of the following violations of the provisions of this Code: applicable conservation and management measures.

(a) Fishing without a valid license, authorization or permit; (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
(b) Fishing without reporting the catch or misreporting the catch; misreported, in contravention of the reporting procedures of that organization and further elaborated by
regulations to be promulgated by the Department."
(c) Fishing in a closed area or during a closed season;
Section 4. Section 6 of the same Act is hereby amended, as follows:
(d) Fishing of prohibited species;
"SEC. 6. Fees and Other Fishery Charges. – The rentals for fishpond areas covered by the Fishpond Lease
Agreement (FLA) or other tenurial instrument and license fees for Commercial Fishing Vessel Licenses (CFVL) shall
(e) Fishing with the use of prohibited gear or methods;
be set at levels that reflect resource rent accruing from the utilization of resources and shall be determined by the

20
Department: Provided, That the Department shall also prescribe fees and other fishery charges and issue the
corresponding license or permit for fishing gear, fishing accessories and other fishery activities beyond the municipal
waters: Provided, further, That the license fees of fishery activity in municipal waters shall be determined by the
Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may also recommend the
appropriate license fees that will be imposed."
Section 5. Section 7 of the Act is hereby amended, as follows:
"SEC. 7. Access to Fishery Resources. – The Department shall issue such number of licenses and permits for the
conduct of fishery activities subject to harvest control rules and reference points 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."
"SEC. 32. Distant Water Fishing. – Fishing vessels of Philippine registry may engage in distant water fishing as
defined in this Code: Provided, That they comply with the safety, manning and other requirements of the Philippine
Coast Guard, Maritime Industry Authority and other agencies concerned: Provided, however, That they secure a
fishing permit, gear license and other clearances from the Department: Provided, further, That the fish caught by
such vessels shall be considered as caught in Philippine waters and therefore not subject to all import duties and
taxes only when the same is landed in duly designated fish landings and fish ports in the Philippines: Provided,
furthermore, That landing ports established by canneries, seafood processors and all fish landing sites established
prior to the effectivity of this Code shall be considered authorized landing sites: Provided, finally, That fishworkers on
board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic
Zone are not considered as overseas Filipino workers.
Distant water fishing vessels shall comply with the monitoring, control and surveillance requirements, conservation
and management measures, and fishing access conditions of the Department, the RFMO, or other coastal states."

Section 6. Section 8 of the Act is hereby amended, as follows:

Section 11. Section 33 of the same Act is hereby amended, as follows:

"SEC.8. Harvest Control Rules and Reference Points. – The Secretary may establish reference points and harvest
"SEC. 33. Importation, Construction of New Fishing Vessels and Gears and Conversion of Other Vessels. – Prior to
control rules in a fishery management area or for a fishery: Provided, however, That in municipal waters and fishery
the importation or the construction of new fishing vessels or gears, or the conversion into a fishing vessel, the
management areas, and waters under the jurisdiction of special agencies, Harvest Control Rules and Reference
approval/clearance of the Department must first be obtained in order to manage fishing capacity."
Points may be established upon the concurrence and approval or recommendation of such special agency and the
concerned LGU in consultation with the FARMC for conservation or ecological purposes."
Section 12. Section 38 of the same Act is hereby amended, as follows:
Section 7. Section 14 of the Act is hereby amended, as follows:
"SEC. 38. Reportorial Requirements. – Each commercial fishing vessel shall keep a daily record offish catch and
spoilage, landing points, and quantity and value of fish caught, and off-loaded for transhipment, sale and/ or other
"SEC. 14. Monitoring, Control and Surveillance (MCS) of Fishing in all Philippine Waters and Philippine Flagged
disposal. Detailed information shall be duly certified by the vessel’s captain and transmitted to BFAR within the
Distant Water Fishing Vessels. – A monitoring, control and surveillance system shall be established by the
period prescribed in the implementing rules and regulations promulgated by the Department. Failure to comply shall
Department in coordination with LGUs, FARMCs, the private sector and other agencies concerned to ensure that the
result to administrative and penal sanctions."
fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a sustainable
basis and conserved for the benefit and enjoyment exclusively of Filipino citizens. The MCS system shall encompass
all Philippine flagged fishing vessels regardless of fishing area and final destination of catch." Section 13. Section 42 of the Act is hereby deleted and replaced with a new Section 42, to read as follows:

Section 8. Section 30 of the same Act is hereby amended, as follows:
"SEC. 30. Renewal of Commercial Fishing Vessel License. – The commercial fishing vessel license shall be
renewed every three (3) years.
"SEC. 42. Port State Measures. – The Department is authorized to adopt port state measures that must be complied
with by foreign fishing vessels. These measures shall include: prior notification of port entry; use of designated ports;
restrictions on port entry and landing or transhipment of fish; restrictions on supplies and services; catch and other
documentation requirements; port inspections; and other related measures.

Transhipment by Philippine Flagged Fishing Vessels shall be regulated by the Department in a manner consistent
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within
with the Philippines’ commitment to conventions and international agreements."
which to renew the same."

Section 14. Section 44 of the same Act is hereby amended, as follows:

Section 9. Section 31 of the same Act is hereby amended, as follows:

"SEC. 44. Use of Superlight or Fishing Light Attractor. – The number and candle light power or intensity of superlight
"SEC. 31. Transfer of Ownership. – The owner/operator of a registered fishing vessel shall notify the Department in
and fishing light attractor used in commercial fishing vessels shall be regulated by the Department: Provided, That
writing of any intention to transfer the ownership of the vessel within ten (10) days before its intended transfer to
the use of superlight is banned within municipal waters and bays. The use of fishing light attractor in municipal
another person. Failure of the owner to do so shall not extinguish any existing or pending sanction or liability with
waters shall be regulated by the local government units."
respect to said fishing vessel.

Section 15. Section 62 of the same Act is hereby amended, as follows:

Section 10. Section 32 of the same Act is hereby amended, as follows:

"SEC. 62. Trade-Related Measures. – Standards for weights, volume, quality and other measurements for all fishery
transactions and trade shall be set by the Department.

21
All fish and fishery products for export, import and domestic consumption shall meet the quality grades/ standards (y) determine the appropriate levels of administrative and other sanctions, particularly for serious
and labeling and information requirements as determined by the Department. violations, that deprive offenders of economic benefits from their violations of the laws, rules and
regulations;
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful possession or use of
instrument of weights and measures. (z) initiate the criminal prosecution of offenses committed in violation of this Code regardless of
their situs; and
The Department may prescribe trade-related measures to reduce or eliminate trade in fish and fishery products
derived from illegal, unregulated and unreported (IUU) fishing." (aa) perform such other related functions which shall promote the development, conservation,
management, protection and utilization of fisheries and aquatic resources."
Section 16. Section 65 of the same Act is hereby amended, as follows:
Section 17. Chapter VI of Republic Act No. 8550 is hereby repealed and replaced with a new Chapter VI to read as
follows:
"SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources. – As a line bureau, the BFAR
shall have the following functions:
"CHAPTER VI
PROHIBITIONS AND PENALTIES
(a) prepare and implement a Comprehensive National Fisheries Industry Development Plan;

Section 86. Unauthorized Fishing. – (a) It shall be unlawful for any person to capture or gather or to cause the
xxx
capture or gathering of fish, fry or fingerlings of any fishery species or fishery products without license or permit from
the Department or LGU.
(r) formulate and implement rules and regulations for the conservation and management of
straddling fish stocks, highly migratory fish stocks and threatened living marine resources such
Except in cases specified under this Code, it shall also be unlawful for any commercial fishing vessel to fish in
as sharks, rays and ludong, inter alia, in the Philippine Exclusive Economic Zone, territorial sea,
municipal waters.
archipelagic and internal waters, in coordination with LGUs and integrated/municipal/city
Fisheries and Aquatic Resources Management Councils;
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
(s) train, designate and deploy fisheries observers in Philippine flagged fishing vessels engaged
fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or
in commercial fishing in Philippine waters or distant water fishing to ensure compliance with
livelihood purposes may be allowed.
conservation and management measures adopted by RFMOS and by the Department;

Upon a summary finding of administrative liability, the boat captain and the three (3) highest officers of the
(t) implement boarding and inspection protocols upon Philippine flagged fishing vessels in order
commercial fishing vessel and the owner or operator who violate this provision shall be penalized with confiscation of
to promote observance to international treaty obligations on food safety, to curb illegal,
catch and gear, and an administrative fine of five (5) times the value of the catch or the amount indicated below,
unreported and unregulated fishing, and to comply with conservation and management
whichever is higher:
measures;

(1) Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) for small-
(u) adopt an appropriate monitoring, control, surveillance and traceability system for municipal
scale commercial fishing;
fishing vessels supplying exporters with concurrence of the local government units;

(2) One hundred fifty thousand pesos (P150,000.00) to Five hundred thousand pesos
(v) adopt and implement a national plan of action to manage fishing capacity, implement the
(P500,000.00) for medium-scale commercial fishing; and
international code of conduct for responsible fisheries, and declare fishery management areas
as over-exploited in coordination with the LGUs and FARMCs;
(3) One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) for large-scale
commercial fishing.
(w) require performance bonds and impose and collect reasonable fees and charges for
laboratory services, inspection, deployment of fisheries observers, and catch documentation and
validation, taking into account the balance required between recovering the costs of services Upon conviction by a court of law, the boat captain and the three (3) highest officers of the
rendered and the socioeconomic impact of their imposition, upon prior consultation with commercial fishing vessel shall suffer the penalty of imprisonment of six (6) months and
stakeholders; confiscation of catch and gear and twice the amount of the administrative fine.

(x) hear and decide administrative cases before it; (b) It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in
any commercial fishing activity in municipal waters.

22
Upon a summary finding of administrative liability, the offender of this provision shall be punished with an (P45,000,000.00) for large-scale commercial fishing vessels seven hundred fifty (750)
administrative fine equivalent to twice the value of catch or Five thousand pesos (P5,000.00), whichever is higher, gross tons or more.
and confiscation of the catch and fishing gear: Provided, That if the offender fails to pay the fine, he shall render
community service.
Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel
shall suffer the penalty of imprisonment of six (6) months and a fine equivalent to twice the
Section 87. Engaging in Unauthorized Fisheries Activities. – It shall be unlawful for any person to exploit, occupy, amount of the administrative fine, and confiscation of catch and gear.
produce, breed or culture fish, fry or fingerlings of any fishery species or fishery products or construct and operate
fish corrals, fish traps, fish pens and fish cages or fishponds without a license, lease or permit.
Section 89. Unreported Fishing. – It shall be unlawful for any person to engage in unreported fishing or to fail to
comply with the reportorial requirements in Section 38 of this Code.
The discovery of any person engaging in any of the above activities without a lease, license or permit shall
constitute & prima facie presumption that the person is engaged in unauthorized fisheries activity.
Upon a summary finding of administrative liability, the owner or operator of the municipal or commercial fishing
vessel and the three (3) highest officers of the commercial fishing vessel who commit unreported fishing within
Upon a summary finding of administrative liability, the offender shall be penalized with an administrative fine of Five waters of national jurisdiction shall be punished by an administrative fine equivalent to the value of the catch or the
hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00), the dismantling or removal of the amount indicated below, whichever is higher:
structure at the expense of the offender, the rehabilitation of the area affected by the activity and confiscation of
stocks.
(1) Five thousand pesos (P5,000.00) for municipal fishing: Provided, That if the offender fails to
pay the fine, he shall render community service;
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment of six (6) months, a fine
equivalent to twice the amount of the administrative fine, the dismantling or removal of the structure at the expense
(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
of the offender, the rehabilitation of the area affected by the activity and confiscation of stocks.

(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing; and
Section 88. Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing. – (a) It shall be unlawful for
any person to fish in the high seas, in the territorial seas, archipelagic waters, and Exclusive Economic Zones of
other states using a Philippine flagged fishing vessel without first securing a fishing permit from the Department and (4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.
authorization from the coastal state.
In case of unreported fishing committed in waters beyond national jurisdiction, the owner, operator, and the three (3)
The discovery of any person in possession of a fishing gear or operating a fishing vessel in the highest officers of the commercial fishing vessel shall be penalized with an administrative fine equivalent to five (5)
abovementioned areas without a fishing permit from the Department or authorization from the times the value of the catch or the amount indicated below, whichever is higher:
coastal state shall constitute a prima facie presumption that the person is in violation of this
provision.
(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-scale
commercial fishing;
(b) It shall be unlawful for an owner or operator, and the three (3) highest officers, of a
commercial fishing vessel to commit acts that are in contravention of the terms and conditions
(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for medium-
stated in the fishing permit or as may be promulgated by the Department.
scale commercial fishing; and

Upon a summary finding of administrative liability, the owner, operator, and the three (3) highest
(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for large-
officers of the commercial fishing vessel who violate this section, shall be punished with
scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and Twenty-five
confiscation of the catch and gear and an administrative fine equivalent to five (5) times the
million pesos (P25,000,000.00) to Forty-five million pesos (P45,000,000.00) for large-scale
value of the catch or the amount indicated below, whichever is higher:
commercial fishing vessels seven hundred fifty (750) gross tons or more.

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-
Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel shall suffer the
scale commercial fishing;
penalty of imprisonment of six (6) months and a fine equivalent to twice the amount of the administrative fine, and
confiscation of catch and gear.
(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and
Section 90. Unregulated Fishing. – It shall be unlawful for any person to engage in unregulated fishing in waters
within and beyond national jurisdiction.
(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00)
for large-scale commercial fishing vessels less than seven hundred fifty (750) gross
Upon a summary finding of administrative liability, the owner, operator, of the municipal or commercial fishing vessel
tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos
and the three (3) highest officers of the commercial fishing vessel who commit unregulated fishing within waters of

23
national jurisdiction shall be punished by confiscation of catch and gear and an administrative fine equivalent to the
value of the catch or amount indicated below, whichever is higher:
(1) Five thousand pesos (P5,000.00)) for municipal fishing: Provided, That if the offender fails to
pay the fine, he shall render community service;
(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing; and
(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.
In case of unregulated fishing committed in waters beyond national jurisdiction, the owner, operator, and the three
(3) highest officers of the commercial fishing vessel shall be penalized with confiscation of catch and gear, and an
administrative fine equivalent to five (5) times the value of the catch or the amount indicated below, whichever is
higher:
(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-scale
commercial fishing;
(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for medium-
scale commercial fishing; and
(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for large-
scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and Twenty-five
million pesos (P25,000,000.00) to Forty-five million pesos (P45;000,000.00) for large-scale
commercial fishing vessels seven hundred fifty (750) gross tons or more.
Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel shall suffer the
penalty of imprisonment of six (6) months and a fine equivalent to twice the amount of the administrative fines,
confiscation of catch and gear.
Section 91. Poaching in Philippine Waters. – It shall be unlawful for any foreign person, corporation or entity to fish
or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie presumption that the vessel
is engaged in fishing in Philippine waters.
Upon a summary finding of administrative liability, any foreign person, corporation or entity in violation of this section
shall be punished by an administrative fine of Six hundred thousand US dollars (US$600,000.00) to One million US
dollars (US$1,000,000.00) or its equivalent in Philippine currency.
Upon conviction by a court of law, the offender shall be punished with a fine of One million two hundred thousand US
dollars (US$1,200,000.00), or its equivalent in Philippine currency, and confiscation of catch, fishing equipment and
fishing vessel.
If the offender is caught within internal waters, an additional penalty of imprisonment of six (6) months and one (1)
day to two (2) years and two (2) months shall be imposed. If apprehended for the second time within internal waters,
24
the offender shall be punished with imprisonment of three (3) years and a fine of Two million four hundred thousand
US dollars (US$2,400,000.00) or its equivalent in Philippine currency: Provided, That no foreign person shall be
deported without the payment of the imposed judicial and/or administrative fines and service of sentence, if any.
Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity. – (a) It shall be unlawful
for any person to catch, take or gather or cause to be caught, taken or gathered fish or any fishery species in
Philippine waters with the use of explosives, noxious or poisonous substance such as sodium cyanide, which will kill,
stupefy, disable or render unconscious fish or fishery species: Provided, That the Department, subject to such
safeguards and conditions deemed necessary and with the endorsement from the concerned LGUs, may allow, for
research, educational or scientific purposes only, the use of poisonous or noxious substances to catch, take or
gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances to eradicate
predators and pests in fishponds in accordance with accepted scientific practices and without causing adverse
environmental impact in neighboring waters and grounds shall not be construed as illegal fishing.
The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or
noxious or poisonous substances, or equipment or device for electrofishing in any fishing vessel or in the possession
of any fisherfolk, operator, fishing boat official or fishworker shall constitute a prima facie presumption that any of
these devices was used for fishing in violation of this Code.
The discovery in any fishing vessel of fish caught or killed with the use of explosives, noxious or poisonous
substances, or by electricity shall constitute a prima facie presumption that the fisherfolk, operator, boat official or
fishworker is fishing with the use thereof.
Upon a summary finding of administrative liability, any person found liable for the actual use of explosives, noxious
or poisonous substances shall be punished with confiscation of catch including those not caught illegally if co-
mingled with those caught illegally, gear, explosives and noxious or poisonous substances, or electrofishing devices
and paraphernalia and gear, and an administrative fine equivalent to five (5) times the value of the catch or the
amount of fine indicated below whichever is higher:
(1) Thirty thousand pesos (P30,000.00) for municipal fishing;
(2) Three hundred thousand pesos (P300,000.00) for small-scale commercial fishing;
(3) One million five hundred thousand pesos (P1,500,000.00) for medium scale commercial
fishing; and
(4) Three million pesos (P3,000,000.00) for large scale commercial fishing.
Upon conviction by a court of law, the offender shall be punished with imprisonment from five (5) to ten (10) years,
confiscation of catch, including those not caught illegally if co-mingled with those caught illegally, gear, explosives
and noxious or poisonous substances, or electrofishing devices and paraphernalia, gear, and a fine equivalent to
twice the amount of the administrative fine, without prejudice to the filing of separate criminal cases when the use of
the same result to physical injury or loss of human life.
The actual use of electrofishing devices for illegal fishing shall be punished with imprisonment of six (6) months and
a fine of Five thousand pesos (P5,000.00).
(b) It shall be unlawful for any person to possess explosives, and noxious or poisonous substances for illegal fishing.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch, gear, (1) Three (3) times the value of catch or Twenty thousand pesos (P20,000.00), whichever is
and an administrative fine equivalent to five (5) times the value of the catch or the amount indicated below whichever higher, for municipal fishing: Provided, That if the offender fails to pay the fine, he shall render
is higher: community service;

(1) Ten thousand, pesos (P10,000.00) for municipal fishing;
(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
(3) Five hundred thousand pesos (P500,000.00) for medium scale commercial fishing; and
(2) Five (5) times the value of catch or One hundred thousand pesos (P100,000.00), whichever
is higher, for small-scale commercial fishing;
(3) Five (5) times the value of catch or Three hundred thousand pesos (P300,000.00), whichever
is higher, for medium-scale commercial fishing;

(4) Five (5) times the value of catch or Five hundred thousand pesos (P500,000.00), whichever
(4) One million pesos (P1,000,000.00) for large scale commercial fishing.
is higher, for large-scale commercial fishing.

Violation of this provision shall be punished with imprisonment from six (6) months to two (2) years, and a fine
Upon conviction by a court of law, the offender shall be punished by imprisonment of six (6) months and one (1) day
equivalent to twice the amount of the administrative fine and confiscation of catch and gear.
to six (6) years and fine of Five hundred thousand pesos (P500,000.00) to Five million pesos (P5,000,000.00),
confiscation of the catch and fishing equipment used, and cancellation of fishing permit or license.
Section 93. Use of Fine Mesh Net. – It shall be unlawful to engage in fishing using nets with mesh smaller than that
which may be determined by the Department: Provided, That the prohibition on the use of fine mesh net shall not
Section 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas. – It shall be
apply to the gathering of fry, glass eels, elvers, tabios, and alamang and other species that by their nature are small
unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using
but already mature, as identified in the implementing rules and regulations by the Department.
active fishing gears as defined in this Code.

The discovery of a fine mesh net in a fishing vessel shall constitute a prima facie presumption that the person or
Upon a summary finding of administrative liability, the owner, operator, boat captain and master fisherman of the
fishing vessel is engaged in fishing with the use of fine mesh net.
vessel, or the chief executive officer in a corporation, or the managing partner in a partnership shall be punished with
confiscation of the catch and fishing gears, and a fine three (3) times the value of the catch or the value indicated
Upon a summary finding of administrative liability, the Department shall penalize the owner, operator, captain or below, whichever is higher:
master fisherman in case of commercial fishing vessel, or the municipal fisherfolk, with confiscation of the catch and
fishing gear, and an administrative fine equivalent to three (3) times the value of the catch or the value indicated
(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the offender
below, whichever is higher:
fails to pay the fine, he shall render community service;

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the municipal
(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;
fisherfolk fails to pay the fine, he shall render community service;

(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing; and
(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.
(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing;

Upon conviction by a court of law, the offender shall be punished with imprisonment of two (2) years to six (6) years
(4) Two hundred thousand pesos (P200,000.00) for large-scale commercial fishing.
and fine equivalent to twice the administrative fine, confiscation and forfeiture of fishing gear and catch.

Upon conviction by a court of law, the captain or master fisherman in case of commercial fishing vessel, or the
municipal fisherfolk, shall be punished by imprisonment of six (6) months to two (2) years and a fine equivalent to
twice the administrative fine, and confiscation of catch and gear.
Section 94. Fishing in Overexploited Fishery Management Areas. – It shall be unlawful for any person to fish in
fishery management areas declared as overexploited.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch and
fishing gears, and an administrative fine equivalent to the value indicated below:
Section 96. Ban on Coral Exploitation and Exportation. – It shall be unlawful for any person or corporation to gather,
possess, commercially transport, sell or export ordinary, semi-precious and precious corals, whether raw or in
processed form, except for scientific or research purposes. It shall also be unlawful for any person, corporation or
entity to commit any activity that damage coral reefs.
Upon a summary finding of administrative liability, the owner/operator of the fishing vessel/s, boat captain, master
fisherman, and recruiter or organizer of fishworkers shall be punished with an administrative fine equivalent to eight
(8) times the value of the corals gathered, possessed, commercially transported, sold, or exported, or the amount of
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), whichever is higher, and

25
forfeiture of the subject corals. The offender shall also pay compensation for the restoration of the damaged corals
reefs.
Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or organizer of fishworkers, shall
be punished by imprisonment from ten (10) years to twenty (20) years and a fine equivalent to twice the
administrative fine and forfeiture of the subject corals.
The offender shall also be required to pay the cost of restoration of the damaged coral reefs based on available
studies and as determined by the Department.
Section 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. – (a)
It shall be unlawful for any person, natural or juridical, to fish with gear or method that destroys coral reefs, seagrass
beds, and other fishery marine life habitat as may be determined by the Department. ‘Muro-ami’ and any of its
variation, and such similar gears and methods that require diving, other physical or mechanical acts to pound the
coral reefs and other habitat to entrap, gather or catch fish and other fishery species are also prohibited.
Upon a summary finding of administrative liability, the owner, operator, boat captain, master fisherman, and recruiter
or organizer of fishworkers who violate this provision shall suffer the penalty of an administrative fine equivalent to
five (5) times the value of the fish caught or Two million pesos (P2,000,000.00), whichever is higher, and confiscation
of catch and gear. The fishworkers who serve as pounders shall be penalized with a fine of Twenty thousand pesos
(P20,000.00) or community service in case of failure to pay the fine.
Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or organizer of fishworkers shall
be punished with imprisonment of two (2) years to ten (10) years and a fine equivalent to twice the amount of the
administrative fine.
Upon conviction by a court of law, the offender shall be punished with imprisonment from six (6) months to two (2)
years and a fine of Forty thousand pesos (P40,000.00) per superlight or fishing light attractor, and confiscation of
catch, superlight or fishing light attractor and gears: Provided, That if the offender is a municipal fisherfolk, he may
render community service in lieu of fine or imprisonment.
Section 99. Conversion of Mangroves. – It shall be unlawful for any person to convert mangroves into fishponds or
for any other purpose.
Upon a summary finding of administrative liability, the offender shall be penalized with a fine equivalent to the
ecological value of a hectare of mangrove based on available studies or administrative fine of Ten million pesos
(P10,000,000.00) per hectare, whichever is higher: Provided, That if the area requires rehabilitation or restoration as
determined by the Department, the offender shall also be required to restore or pay for the restoration of the
damaged area.
Upon conviction by a court of law, the offender shall pay a base fine of Eighty thousand pesos (P80,000.00), a fine
equivalent to the administrative penalties, and shall suffer the penalty of imprisonment of six (6) months and one (1)
day to twelve (12) years: Provided, That if the area requires rehabilitation or restoration as determined by the court,
the offender shall also be required to restore or pay for the restoration of the damage. The offender shall be liable for
environmental damages computed at Five hundred thousand pesos (P500,000.00) per hectare per year until the
area is restored.
Section 100. Fishing During Closed Season. – It shall be unlawful to fish during closed season.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch and gear
and an administrative fine of:

(b) Except in cases allowed by law, it shall be unlawful for any person, natural or juridical, to gather, possess, (1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for municipal
commercially transport, sell or export coral sand, coral fragments, coral rocks, silica, and any other substances which fishing, whichever is higher: Provided, That if the offender fails to pay the fine, community
make up any marine habitat. service shall be rendered;

Upon a summary finding of administrative liability, the person or corporation who violates this provision shall be (2) Five times the value of the catch or One hundred thousand pesos (P100,000.00), whichever
punished with an administrative fine of Five million pesos (P5,000,000.00) or five (5) times the value of the coral is higher for small-scale commercial fishing;
rocks, sand, or silica gathered, possessed, commercially transported, sold, or exported, whichever is higher, and
confiscation of the substance.
(3) Five times the value of catch or Three hundred thousand pesos (P300,000.00), whichever is
higher for medium-scale commercial fishing; and
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from two (2) years to ten (10)
years and a fine equivalent to twice the administrative fine, confiscation of catch or substances and equipment or
(4) Five times the value of catch or Five hundred thousand pesos (P500,000.00), whichever is
gear used.
higher for large-scale commercial fishing.

Section 98. Illegal Use of Superlights or Fishing Light Attractor. – It shall be unlawful to engage in fishing with the
Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) months and one (1)
use of superlight in municipal waters, or to fish with fishing light attractor using candlelight power or intensity beyond
day to six (6) years, confiscation of catch and gear, and fine twice the amount of the administrative fine and
the standards set by the Department in consultation with the LGUs for fishing in municipal waters, or in violation of
cancellation of license or permit.
the rules promulgated by the Department for fishing with the use of superlight or fishing light attractor outside
municipal waters.
Section 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries. – It shall be unlawful to
fish in marine protected areas, fishery reserves, refuge, or fish sanctuaries as declared by the Department or the
Upon a summary finding of administrative liability, the offender shall be punished by a fine of Twenty thousand pesos
LGUs.
(P20,000.00) per superlight or fishing light attractor, and confiscation of catch, superlight or fishing light attractor and
gears: Provided, That if the offender is a municipal fisherfolk, he may render community service in lieu of fine.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch and gear,
and administrative fine of twice the value of the catch or the amount indicated below, whichever is higher:

26
 (1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the offender
fails to pay the fine, community service shall be rendered;
(2) Two hundred thousand pesos (P200,000.00) for small-scale commercial fishing;
(3) Six hundred thousand pesos (P600,000.00) for medium-scale commercial fishing; and
(4) One million pesos (P1,000,000.00) for large-scale commercial fishing.
Upon conviction by a court of law, violation of this provision shall be punished by imprisonment of two (2) years to six
(6) years and a fine twice the amount of the administrative fine, confiscation of catch and gear, and cancellation of
license or permit.
Section 102. Fishing or Taking of Rare, Threatened or Endangered Species. – (a) It shall be unlawful to fish or take,
catch, gather, sell, purchase, possess, transport, export, forward or ship out aquatic species listed in Appendix I of
the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES), or those
categorized by the International Union for Conservation of Nature and Natural Resources (IUCN) as threatened and
determined by the Department as such.
Upon a summary finding of administrative liability, the Department shall penalize the offender with a fine equivalent
to five times (5) times the value of the species or Five hundred thousand pesos (P500,000.00) to Five million pesos
(P5,000,000.00), whichever is higher, and forfeiture of the species.
Upon conviction by a court of law, the offender shall be punished by imprisonment of twelve (12) years and one (1)
day to twenty (20) years and a fine equivalent to twice the administrative fine, forfeiture of the species and the
cancellation of fishing permit.
(b) It shall be unlawful to fish, take, catch, gather, sell, purchase, possess, transport, export, forward or ship out
aquatic species listed in CITES Appendices II and III if scientific assessments show that population of the species in
the wild cannot remain viable under pressure of collection and trade: Provided, That the taking or fishing of these
species from the wild for scientific research, or conservation breeding simultaneous with commercial breeding may
be allowed.
Upon a summary finding of administrative liability, the Department shall penalize the offender with a fine equivalent
to three (3) times the value of the species or Three hundred thousand pesos (P300,000.00) to Three million pesos
(P3,000,000.00), whichever is higher, and forfeiture of the species.
Upon conviction by a court of law, the offender shall be punished by imprisonment of five (5) to eight (8) years and a
fine equivalent to twice the administrative fine and forfeiture of the species.
(c) It shall be unlawful to gather, take, possess, transport, or export, forward or ship out captive-bred species that
have been transplanted to the wild.
Upon a summary finding of administrative liability, the offender shall be penalized with a fine equivalent to three (3)
times the value of the species or Three hundred thousand pesos (P300,000.00) to Three million pesos
(P3,000,000.00), whichever is higher, and forfeiture of the species.
27
Upon conviction by a court of law, the offender shall be punished by imprisonment of five (5) to eight (8) years, a fine
equivalent to three (3) times the value of the species or Three million pesos (P3,000,000.00), whichever is higher,
and forfeiture of the species.
Should the violation be committed by a vessel manned by more than two (2) persons, the captain, master, and two
highest ranking officers of the vessel involved in the fishing or taking of such protected marine life shall be presumed
to have committed the prohibited act.
Section 103. Capture of Sabalo and Other Breeders/Spawners. – It shall be unlawful for any person to catch,
gather, capture or possess mature milkfish or sabalo and other breeders or spawners of other fishery species as
may be determined by the Department: Provided, That catching of sabalo and other breeders/spawners for local
breeding purposes or scientific or research purposes may be allowed subject to guidelines that shall be promulgated
by the Department.
Upon a summary finding of administrative liability, an offender shall be punished with a fine equivalent to five (5)
times the value of the sabalo, other breeders, or spawners gathered or captured, or Five hundred thousand pesos
(P500,000.00), whichever is higher, and forfeiture of catch and gear.
Upon conviction by a court of law, the offender shall be punished by imprisonment of six (6) months and one (1) day
to eight (8) years and a fine equivalent to twice the amount of the administrative fine, forfeiture of catch and fishing
equipment used, and suspension or revocation of license.
Section 104. Exportation of Breeders, Spawners, Eggs or Fry. – Exportation of breeders, spawners, eggs or fry as
prohibited in this Code shall be punished under this Act: Provided, That the export of hatchery-bred or captive-bred
breeder, spawner, egg or fry, may be allowed subject to the regulations to be promulgated by the Department.
Failure on the part of the shipping or forwarding company from whose possession the breeders, spawners, eggs, or
fry are discovered or seized to fully cooperate in the investigation conducted by concerned government authorities
on the matter shall create a presumption that there is connivance or conspiracy between the company and the
shipper to violate the provisions of this section.
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine
equivalent to three (3) times the value of the breeders, spawners, eggs, or fry exported or One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00), whichever is higher, confiscation of breeders,
spawners, eggs or fry, suspension or revocation of license for commercial fishing and/or registration as exporter.
Upon conviction by a court of law, the offender shall be punished by imprisonment of eight (8) years to ten (10)
years, confiscation of breeders, spawners, eggs or fry, a fine equivalent to twice the amount of the administrative
fine, revocation of the fishing license, and/or suspension or revocation of registration as exporter.
Section 105. Importation or Exportation of Fish or Fishery Species. – Any importation or exportation of fish or fishery
species in violation of this Code shall be unlawful.
Failure on the part of the shipping or forwarding company from whose possession the fish or fishery species
imported or exported are discovered or seized to fully cooperate in the investigation conducted by concerned
government authorities shall create a presumption that there is connivance or conspiracy between the shipping
company and the shipper to perpetrate the aforementioned offense.
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine of five
(5) times the value of the species or Three hundred thousand pesos (P300,000.00) to Five hundred thousand pesos
(P500,000.00), whichever is higher, and forfeiture and/or destruction of the species.
Upon conviction by a court of law, the offender shall be punished with eight (8) years of imprisonment and fine of
twice the administrative fine, forfeiture and/or destruction of the species: Provided, That offenders shall be banned
from being members or stockholders of companies currently engaged in fisheries or companies to be created in the
future, the guidelines for which shall be promulgated by the Department.
Section 106. Violation of Harvest Control Rules. – It shall be unlawful for any person to fish in violation of harvest
control rules as determined by the Department.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch and
fishing gear, revocation of license and an administrative fine of:
(1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for municipal
fishing, whichever is higher: Provided, That if the offender fails to pay the fine, community
service shall be rendered;
(2) Five times the value of the catch or One hundred thousand pesos (P100,000.00) whichever
is higher for small-scale commercial fishing;
(3) Five times the value of the catch or One million pesos (P1,000,000.00), whichever is higher
for medium-scale commercial fishing; and
(4) Five times the value of the catch or Five million pesos (P5,000,000.00), whichever is higher,
for large-scale commercial fishing.
Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) months and one (1)
day to six (6) years and a fine twice the administrative fine, confiscation of catch and fishing gear, and revocation of
license.
Section 107. Aquatic Pollution. – Aquatic pollution, as defined in this Code, shall be unlawful.
Upon a summary finding of administrative liability, the offender shall be punished with fine of Three hundred
thousand pesos (P300,000.00) to Five hundred thousand pesos (P500,000.00) and an additional fine of Fifteen
thousand pesos (P15,000.00) per day until the violation ceases and the fines are paid, the imposition of cease and
desist order, closure or suspension of the development, construction or facility, or cessation of operations, or
disconnection of water supply. The order may be issued ex parte pending resolution of the case.
Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) years and one (1) day
to twelve (12) years and a fine twice the amount of the administrative fine and an additional fine of Fifteen thousand
pesos (P15,000.00) per day until the violation ceases and the fines are paid, the imposition of cease and desist
order, closure or suspension of the development, construction or facility, or cessation of operations, or disconnection
of water supply. The order may be issued ex parte pending resolution of the case.
Section 108. Failure to Comply with Minimum Safety Standards. – The owner and captain of a commercial fishing
vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with
the safety standards provided in this Code shall be liable administratively and criminally.
28
Upon apprehension, the fishing vessel shall be escorted to the nearest port or landing point and prevented from
continuing with the fishing activity.
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine of One
hundred thousand pesos (P100,000.00) and suspension or cancellation of permit or license and impoundment of the
vessel until the safety standard has been complied with.
Upon conviction by a court of law, the offender shall suffer the penalties of imprisonment from one (1) month and one
(1) day to six (6) months and a fine of twice the amount of the administrative fine, suspension or cancellation of
permit or license and impoundment of the vessel until the safety standard has been complied with.
Section 109. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages. – It shall be unlawful
for owners and operators of fishponds, fishpens and fish cages to fail to submit an annual report to the Department
pursuant to Section 57 of this Code.
Upon summary finding of administrative liability, the owner of the fishpond, fishpen or fish cage shall be imposed a
fine of Five thousand pesos (P5,000.00) per unreported hectare. In case the fishpond is covered by FLA,
nonsubmission of a report for two (2) consecutive years shall result to its cancellation.
Upon conviction by a court of law, the offender shall be punished with twice the amount of the administrative fine.
Section 110. Gathering and Marketing of Shell Fishes or Other Aquatic Species. – It shall be unlawful for any
person to gather, take, sell, transfer, possess, commercially transport, export, forward or ship out any sexually
mature shell fish or other aquatic species identified by the Department, or below the minimum size, or above the
maximum quantities prescribed for the species. Other parameters for the protection of heavily traded aquatic species
may be promulgated by the Department.
Upon a summary finding of administrative liability, the penalty of an administrative fine equivalent to the value of the
species or Fifty thousand pesos (P50,000.00), whichever is higher, and confiscation of the same, cancellation of
permit or license shall be imposed upon the offender.
Upon conviction by a court of law, the offender shall be punished by imprisonment from one (1) month and one (1)
day to six (6) months and fine equivalent to twice the amount of the administrative fine, and cancellation of the permit
or license.
Section 111. Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay. – It shall be
unlawful for any person to cause obstruction to navigation or flow or ebb of tide.
Upon a summary finding of administrative liability, the offender shall be punished with a fine of Two hundred
thousand pesos (P200,000.00) and the dismantling of the obstruction, fish corrals/traps, fish pens or fish cages at
the expense of the offender.
Upon conviction by a court of law, the offender shall be punished with imprisonment from one (1) month and one (1)
day to six (6) months and fine of twice the amount of the administrative fine, confiscation of stocks and dismantling of
the obstruction, fish corrals/traps, fish pens or fish cages at the expense of the violator.
Section 112. Noncompliance with Good Aquaculture Practices. – Fishery operations involving the breeding and
farming of fish and other fishery species shall comply with good aquaculture practices and the guidelines for
environmentally-sound design and operation for the sustainable development of the aquaculture industry which shall
be promulgated by the Department.
Upon a summary finding of administrative liability, the offender who commits any violation of the rules and
regulations, or provisions thereof, shall be punished with an administrative fine of Ten thousand pesos (P10,000.00)
to One hundred thousand pesos (P100,000.00) per day until the violation ceases and the fines are paid.
Upon conviction by a court of law, the offender shall be punished with imprisonment of three (3) years and fine of
twice the amount of the administrative fine.
Section 113. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk, Fishworker or Crew. – (a) The
owner or operator of a commercial fishing vessel employing unlicensed fisherfolk or fishworker or crew shall, upon a
summary finding of administrative liability, be fined Four thousand pesos (P4,000.00) for each unlicensed fisherfolk
or fishworker or crew and suspension or revocation of license for commercial fishing.
(b) It shall likewise be unlawful for Philippine flagged fishing vessels engaged in distant water fishing to employ
unlicensed fisherfolk or fishworker or crew.
The owner and operator of the distant water fishing vessel, upon a summary finding of administrative liability, shall
be fined Forty thousand pesos (P40,000.00) for each unlicensed fisherfolk, fishworker or crew and suspension or
cancellation of license.
The owner and operator of the commercial fishing vessel or distant water fishing vessel shall upon conviction by a
court of law, be fined with twice the amount of the administrative fine and suspension or cancellation of license.
Section 114. Obstruction of Defined Migration Paths. – It shall be unlawful for any person to obstruct any defined
migration path of anadromous, catadromous and other migratory species.
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine of One
hundred fifty thousand pesos (P150,000.00) to Five hundred thousand pesos (P500,000.00), dismantling of the
obstruction at the expense of the offender, and the suspension or revocation of the permit or license.
Upon conviction by a court of law, the offender shall be punished with imprisonment of seven (7) years to twelve (12)
years and fine of twice the amount of the administrative fine, dismantling of the obstruction at the expense of the
offender, and the suspension or revocation of the permit or license.
Section 115. Obstruction to Fishery Law Enforcement Officer. – The fishing vessel owner, master or operator or any
other person acting on behalf of any fishing vessel who assaults, resists, intimidates, harasses, seriously interferes
with, or unduly obstructs or delays a fishery law enforcement officer, authorized inspector or observer, the deputized
fishwarden of the LGU, or any lawfully-boarding government officers, in the exercise of their duties shall be penalized
under this Code. Any person who does not allow any authorized officer or an observer to exercise any of the legal
duties shall be deemed to be obstructing that officer or person.
Upon a summary finding of administrative liability, the offender shall be punished with cancellation of license or
permit and an administrative fine of One million pesos (P1,000,000.00) for fishing vessels operating in Philippine
waters or Two million pesos (P2,000,000.00) for fishing vessels operating beyond Philippine waters.
Upon conviction by a court of law, the offender shall be punished with imprisonment from six (6) months to two (2)
years and a fine twice the amount of the administrative fine and cancellation of license or permit.
29
Section 116. Noncompliance with Fisheries Observer Coverage. – (a) It shall be unlawful for Philippine distant water
fishing vessel to sail without a fisheries observer on board as required by RFMO conservation and management
measures.
(b) It shall be unlawful for commercial fishing vessels to sail without a fisheries observer in compliance with this Code
and the rules and regulations promulgated by the Department.
Upon a summary finding of administrative liability, an offender shall be punished with a fine of Five hundred
thousand pesos (P500,000.00) and forfeiture of the catch and gear.
Upon conviction by a court of law, the offender shall be punished with imprisonment of one (1) month and one (1)
day to six (6) months and fine of twice the amount of the administrative fine, confiscation of catch and suspension or
cancellation of license.
Section 117. Noncompliance with Port State Measures. – No foreign fishing vessel shall be allowed entry without
providing at least twenty-four (24)-hour prior notice. When a foreign fishing vessel is granted entry, failure to provide
a catch report shall be deemed unlawful. It shall likewise be unlawful for any person to fail to comply with other rules
on port state measures promulgated by the Department in coordination with port state authorities.
Failure to comply with the 24-hour period may result in denial of permission to enter or use of port facilities and the
vessel may be subject to onboard inspection and/or impoundment.
Section 118. Failure to Comply with Rules and Regulations on Conservation and Management Measures. – It shall
be unlawful for any person to fail to comply with conservation and management measures adopted in rules and
regulations to be promulgated by the Department pursuant to international conventions, RFMO resolutions and laws
of coastal states where Philippine vessels fish.
Upon a summary finding of administrative liability, violation of the rules and regulations promulgated by the
Department shall be punished with confiscation of catch and suspension or cancellation of license or permit and an
administrative fine of twice the value of the catch or the amount indicated below whichever is higher:
(1) Twenty thousand pesos (P20,000.00) for municipal fishing or community service in case of
failure to pay the fine;
(2) One million pesos (P1,000,000.00) for small-scale commercial fishing;
(3) Two million five hundred thousand pesos (P2,500,000.00), for medium-scale commercial
fishing; and
(4) Five million pesos (P5,000,000.00), for large-scale commercial fishing.
Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) months and fine twice
the amount of the administrative fine, and confiscation of the catch and suspension or cancellation of license.
Section 119. Noncompliance with Vessel Monitoring Measures. – No municipal, commercial or distant water fishing
vessel shall engage in fishing activity without complying with the vessel monitoring measures promulgated by the
Department in coordination with the LGUs: Provided, That for vessels operating in Philippine waters, only the
catcher vessel shall be covered by this requirement. It shall also be unlawful to intentionally tamper with, switch off or
disable the vessel monitoring system.
Upon a summary finding of administrative liability, the fishing vessel owner, master or any other person acting on
behalf of the vessel owner shall be punished with confiscation of catch, suspension or revocation of the license and
an administrative fine equivalent to twice the value of the catch or the amount indicated below, whichever is higher:
(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;
(2) Two hundred fifty thousand pesos (P250,000.00) for small-scale commercial fishing;
(3) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing; and
(4) Two million five hundred thousand pesos (P2,500,000.00) for large-scale commercial fishing.
In case of violation committed in waters beyond national jurisdiction, the administrative fine shall be equivalent to five
times the value of the catch or twice the amount indicated above, whichever is higher.
Upon conviction by a court of law, the master or any other person acting on behalf of the vessel owner shall be
punished with imprisonment of six (6) months to two (2) years and fine twice the amount of the administrative fine,
confiscation of catch and suspension or revocation of the license.
Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from the Department. –
It shall be unlawful for any person to construct or import fishing vessels or gears or to convert other vessels into
fishing vessels without permit from the Department.
Upon a summary finding of administrative liability, the offender shall be imposed the penalty of an administrative fine
of:
(1) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;
(2) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing; and
(3) Two million five hundred thousand pesos (P2,500,000.00) for large-scale commercial fishing.
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from one (1) month and one
(1) day to six (6) months and fine of twice the amount of the administrative fine.
Section 121. Use of Unlicensed Gear. – Any person who uses a fishing gear or method for commercial fishing
without license from the Department shall, upon a summary finding of administrative liability, be fined from Two
hundred thousand pesos (P200,000.00) to Five hundred thousand pesos (P500,000.00) per gear depending on the
seriousness of the violation.
Upon conviction by a court of law, the offender shall be imposed the penalty of fine from Four hundred thousand
pesos (P400,000.00) to One million pesos (P1,000,000.00) depending on the seriousness of the violation.1âwphi1
30
Section 122. Falsifying,  Concealing or Tampering with Vessel Markings, Identity or Registration. – It shall be
unlawful for any person to falsify, conceal vessel identity or lack of registration or tamper with the vessel markings,
identity or registration.
Upon a summary finding of administrative liability, the offender shall be imposed the penalty of confiscation of catch
and suspension or cancellation of license and an administrative fine of:
(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;
(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and
(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.
In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount indicated
above.
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from two (2) years to six (6)
years and a fine equivalent to twice the amount of the administrative fine, confiscation of catch and suspension or
cancellation of license.
Section 123. Concealing, Tampering or Disposing of Evidence Relating to an Investigation of a Violation. – It shall
be unlawful for any person to conceal, tamper or dispose evidence relating to an investigation of a violation.
Upon a summary finding of administratively liability, the offender shall be punished with suspension or cancellation of
license and an administrative fine of:
(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;
(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and
(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.
In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount indicated
above.
Upon conviction by a court of law, the offender shall be imposed the penalty of imprisonment from five (5) years to
ten (10) years and fine equivalent to twice the administrative fine, and suspension or cancellation of the license.
Section 124. Noncompliance with the Requirements for the Introduction of Foreign or Exotic Aquatic Species. – It
shall be unlawful to import, introduce, or breed, foreign or exotic aquatic species without the conduct of risk analysis
and prior approval of the Department.
Upon a summary finding of administrative liability, the offender shall be punished with a fine of Two hundred Violation of administrative orders or regulations promulgated by the Department or any provision thereof shall subject
thousand pesos (P200,000.00) to Six million pesos (P6,000,000.00) and confiscation and destruction of the foreign the offender to a fine of One hundred thousand pesos (P100,000.00) to Five million pesos (P5,000,000.00),
or exotic species. Should the species become invasive and result to predation of native aquatic biota, loss of income depending on the socioeconomic impact and seriousness of the violation, volume and value of the fisheries product,
or damage to the habitat, the offender shall bear the costs of containment, eradication and/or restoration. damage to the environment due to the violation, and the habituality of the offender.

Upon conviction by a court of law the offender shall suffer the penalty of imprisonment of six (6) years to (12) years Section 129. Escalation Clause. – The fines herein prescribed shall be increased by at least ten percent (10%)
and fine from Four hundred thousand pesos (P400,000.00) to Twelve million pesos (P12,000,000.00), confiscation of every three (3) years to compensate for inflation and to maintain the deterrent function of such fines."
foreign or exotic species and the costs for containment, eradication or restoration.
Section 18. A new Chapter VII on administrative adjudication is hereby inserted after Chapter VI of Republic Act No.
Section 125. Failure to Comply with Standards and Trade-Related Measures. – It shall be unlawful for any person to 8550, to read as follows:
fail to comply with standards for weights, volume, quality and other requirements for all fishery transactions and trade
and trade-related measures prescribed by the Department.
"CHAPTER VII
ADMINISTRATIVE ADJUDICATION
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine of Fifty
thousand pesos (P50,000.00) to Two million pesos (P2,000,000.00), depending on the seriousness, extent and
Section 130. Administrative Adjudication. – The Department is hereby empowered to impose the administrative
volume of trade associated with the violation, confiscation of the shipment or fishery products and suspension or
fines and penalties provided in this Code.
revocation of registration or license.

For this purpose, the Department shall organize and designate the composition of the Adjudication Committee, which
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from six (6) months to two (2)
shall be composed of the bureau director as chairperson and four (4) other members to be designated by the
years and a fine from One hundred thousand pesos (P100,000.00) to Four million pesos (P4,000,000.00) depending
Secretary. The Adjudication Committee shall be supported by sufficient number of staff to enable it to perform its
on the seriousness, extent and volume of trade associated with the violation, confiscation of the shipment or fishery
mandate.
products and suspension or revocation of registration or license.

The Committee shall promulgate rules and regulations for the conduct of administrative adjudication and the
Section 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish. – It shall be unlawful to ship,
disposition of confiscated catch, gears, equipment and other paraphernalia. It shall also issue subpoena duces
commercially transport, offer for sale, sell, import, export, or have custody, control, or possession of, or to deal in or
tecum and ad testificandum in administrative cases before it.
in any manner dispose of any fish or species caught, taken or retained in violation of this Code.

Section 131. Commencement of Summary Administrative Action. – The Department shall, on its own instance or
The discovery of any fish or species caught with the use of explosives or noxious or poisonous substances shall
upon verified complaint by any person, institute administrative proceedings against any person who violates any
constitute a prima facie presumption that the possessor, seller, fish dealer, transporter, importer, or exporter thereof
order, rule or regulation issued by the Department, pursuant to this Code.
has knowledge that the fish or species was caught or taken in violation of this Code.

Section 132. Power to Issue Cease and Desist Orders and to Summarily Evict Without the Necessity of Judicial
Upon a summary finding of administrative liability, the offender shall be punished with an administrative fine of Fifty
Order. – The Department shall, subject to the requirements of administrative due process, issue cease and desist
thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00) or five (5) times the value of fish or
order/s upon violator/s and to summarily eject, without the necessity of judicial order, the holder of FLA, other tenurial
species, whichever is higher, and confiscation of the same.
instrument, permit or license from areas of the public domain covered by such FLA, tenurial instrument, permit or
license.
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from six (6) months to two (2)
years, and fine of eight (8) times the value of the species or from One hundred thousand pesos (P100,000.00) to
Section 133. Authority of the Director of the BFAR or the Duly Authorized Representative to Issue Notice of Violation
Five hundred thousand pesos (P500,000.00), whichever is higher and confiscation of the fish or fishery products and
and Order Confiscation. – In all cases of violations of this Code or other fishery laws, rules and regulations, the
suspension or revocation of registration or license.
Director of the BFAR or the duly authorized representative, may issue notice of violation and order the confiscation of
any fish, fishery species or aquatic resources illegally caught, taken or gathered, and all equipment, paraphernalia
Section 127. Unauthorized Disclosure of Sensitive Technical Information. – Data from the vessel monitoring system and gears in favor of the Department, academic institutions or LGUs and to dispose of the same in accordance with
or vessel monitoring measure and other related data arising therefrom shall be considered as sensitive technical pertinent laws, rules, regulations and policies on the matter.
information. Any unauthorized disclosure of said data including all other data referred to in Section 155 in this Code,
by any person shall be penalized with imprisonment of six (6) months and one day to six (6) years, removal from
Section 134. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions, and Preliminary
office and forfeiture of all retirement benefits, where applicable.
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
Section 128. Other Violations. – In addition to the prohibitions in this Code, the Department, in consultation with the exercise by the Department and BFAR of its regulatory functions in support of the implementation of this Code.
LGUs, local FARMCs and NFARMC, shall issue fishery administrative orders or regulations for the conservation,
preservation, management and sustainable development of fisheries and aquatic resources.
Section 135. Accompanying Administrative Sanctions for Serious Violations. – The Adjudication Committee may
impose the following additional sanctions to the administrative penalties imposed for serious violations:
31
 (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 (5) 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
(8) times the value of the catch.
During the pendency of the administrative or the criminal case, the Department may impound the
vessel/conveyance, gear and other paraphernalia used in the commission of the offense.
In applying these accompanying sanctions, the Department shall take into account the seriousness of the violation
as defined in Paragraph 82 of Section 4 of this Code, the habituality or repetition of violation, manner of commission
of the offense, severity of the impact on the fishery resources and habitat, socioeconomic impact, cases of
concealment or destruction of evidence, eluding arrest, resisting lawful orders, and other analogous circumstances.
The overall level of sanctions and accompanying sanctions shall be calculated in a manner that is proportionate,
effective and dissuasive to deprive the offender of the economic benefits derived from the serious violation.
Section 136. Lien Upon Personal and Immovable Properties of Violators. – Fines and penalties imposed pursuant to
this Code shall constitute a lien upon the personal and immovable properties of the violator.
Section 137. Community Service. – In case the offender is a municipal fisherfolk or has no property over which the
Department may impose the fines and penalties prescribed for the offense, community service may be rendered in
lieu of the fine. The Department shall promulgate the rules and regulations for this purpose, taking into account that
the service should be rendered in accordance with needs of the community where the offense is committed and
computed based on the fine and the prevailing minimum wage in the community, among others.
Section 138. Citizen’s Suits. – For the purposes of enforcing the provisions of this Code and its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies
against:
(a) Any person who violates or fails to comply with the provisions of this Code, and its
implementing rules and regulations;
(b) The Department or other implementing agencies with respect to orders, rules and regulations
issued inconsistent with this Act; and
32
(c) Any public officer who willfully or grossly neglects the performance of a duty specifically
enjoined by this Code and its implementing rules and regulations; or abuses authority in the
performance of duty; or, in any manner improperly performs duties under this Code and its
implementing rules and regulations: Provided, however, That no suit can be filed until after
fifteen (15) days notice has been given the public officer and the alleged offender and no
appropriate action has been taken thereon.
Section 139. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement of this Act. – 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 this Code shall be treated as a Strategic Lawsuit Against Public
Participation (SLAPP).
The hearing on the defense of a SLAPP shall be summary in nature, the affirmative defense of a SLAPP shall be
resolved within thirty (30) days after the summary hearing. If the court dismisses the action, the court may award
damages, attorney’s fees, and costs of suit under a counterclaim if such has been filed. The dismissal shall be with
prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall be treated as
evidence of the parties on the merits of the case. The action shall proceed in accordance with the Rules of Court.
The Rules of Procedure for Environmental Cases shall govern the procedure in civil, criminal, and special civil
actions involving the enforcement or violations of this Code including actions treated as a SLAPP as provided in this
section.
Section 140. Fisheries National Administrative Register. – The Adjudication Committee shall enter in a Fisheries
National Administrative Register, which shall be publicly available, all decisions, resolutions or orders involving
violations of this Code, particularly serious violations committed by Philippine flagged vessels or by Philippine
nationals and cases on poaching or involving foreigners, including the penalties imposed."
Section 19. Section 108 of the Code is hereby renumbered as Section 141 and a new Section 142 is hereby
inserted after to read, as follows:
"SEC. 142. Fisheries Management Fund. – A Fisheries Management Fund is hereby established to enhance the
budget for: the conservation, preservation, protection, management, development and regulation of the fishery and
aquatic resources; research and development and capability building of the various stakeholders including provision
for scholarships; supplementary livelihood for poverty alleviation; and improvement of productivity and processes of
the various stakeholders. It shall be administered by the Bureau of Fisheries and Aquaric Resources as a special
account in any government financial institution.
It shall be funded from administrative fines and penalties imposed under this Code, from the proceeds of the sale of
forfeited fish, fishing gears, paraphernalia and fishing vessels, and contributions in the form of endowments, grants
and donations to the fund, which shall be exempted from donor and other taxes, charges or fees imposed by the
government.
The Fund shall be exclusively utilized as follows:
(a) fifteen percent (15%) for the purchase, upgrade and maintenance of vessels, communication
and other equipment used for the monitoring, control and surveillance of Philippine waters and
distant water fishing;
 (b) five percent (5%) for the payment of litigation expenses, cost of conveyance of witnesses (Sgd.) FELICIANO BELMONTE JR. (Sgd.) FRANKLIN M. DRILON
and other costs due to cases filed by or against the Republic of the Philippines in international Speaker of the House President of the Senate
courts arising from the implementation of this Code or where apprehending party or parties of Representatives
become respondents or defendants in any tribunal or court of law;

This Act which is a consolidation of Senate Bill No. 2414 and House Bill No. 4536 was finally passed by the Senate
(c) twenty-five percent (25%) for the operating costs and capacity building of the NFARMC,
and the House of Representatives on December 1, 2014.
IFARMCs and C/MFARMCs and payment for the cost of rehabilitation, medical expenses for
injury, or indemnity for death of law enforcement officers, including deputized volunteers,
distributed as follows: five percent (5%) to the NFARMC, five percent (5%) to all IFARMCs, five
percent (5%) to all C/MFARMCs, and ten percent (10%) to C/MFARMCs for the apprehension (Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR G. YABES
and successful prosecution of a fisheries offense; Secretary General Secretary of Senate
House of Representatives
(d) five percent (5%) for the continued upgrading of laboratory facilities and equipment;
Approved:
(e) five percent (5%) for the research and development activities of the NFRDI;
BENIGNO S. AQUINO III
(f) five percent (5%) for the capability development of BFAR personnel, deputized law President of the Philippines
enforcement agencies and volunteers, and stakeholders;
Lapsed into law on FEB 27 2015
(g) ten percent (10%) for scholarship grants for children of fisherfolks and fishworkers in fish Without the signature of the President,
catch, aquaculture, fishing and fish processing; In accordance with Article VI, Section
27 (1) of the Constitution.
(h) fifteen percent (15%) for livelihood programs for production enhancement and poverty
alleviation; and _________________________________________________________________________

(i) fifteen percent (15%) for assistance to fishermen in the form of shared facilities." Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Section 20. Renumbering of the Remaining Chapters and Sections of Republic Act No. 8550. – Sections 109 to 133 Office of the Secretary
of Republic Act No. 8550 are hereby renumbered as Sections 143 to 167 accordingly.1âwphi1 Chapters VII, VIII and Elliptical Road, Diliman, Quezon City
IX of the same Act are hereby renumbered as Chapter VIII, IX and X, respectively.
May 8, 1998
Section 21. Implementing Rules and Regulations. – The Department of Agriculture, in consultation with concerned DEPARTMENT OF AGRICULTURE)
government agencies and stakeholders, shall promulgate the implementing rules and regulations of this Act, within
ADMINISTRATIVE )
six (6) months from the effectivity of this Act.
ORDER NO. 3 :
Series of 1998 )
Section 22. Separability Clause. – If any portion of this Act is declared unconstitutional or invalid, the portions or
provisions which are not affected shall continue to be in full force and effect. IMPLEMENTING RULES AND REGULATIONS
Pursuant to Republic Act No. 8550: "AN ACT
Section 23. Repealing Clause. – All laws, decrees, executive orders and rules and regulations or parts thereof PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION
which are inconsistent with this Act are hereby repealed or modified accordingly. OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL
LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES"
Section 24. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2)
newspapers of general circulation. SEC. 1. Title. – This Act shall be known as – The Philippine Fisheries Code of 1998

Approved,
Rule 1.1 Title. – These Rules shall be known and cited as the Implementing Rules and Regulations (IRR) of the Philippine
Fisheries Code of 1998;

33
Rule 1.2 Purpose. – These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the
Philippine Fisheries Code of 1998 to facilitate compliance therewith and achieve the objectives thereof.
CHAPTER I
DECLARATION OF POLICY AND DEFINITIONS
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State:
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. A flexible policy towards the
attainment of food security shall be adopted in response to changes in demographic trends for fish, emerging trends in
the trade of fish and other aquatic products in domestic and international markets, and the law of supply and demand;
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, specially 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. The protection of municipal fisherfolk against foreign intrusion shall extend to offshore
fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of marine and fishery resources;
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 an active participant and partner of the
  government in the sustainable development, management, conservation and protection of the fishery and aquatic
resources of the country.
 
The State shall ensure the attainment of the following objectives of the fishery sector:
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
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fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optional utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.
SEC. 3.Application of its Provisions. - The provisions of this Code shall be enforced in:
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;
b. all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds,
fish pens/cages; and
c. all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands.
Rule 3.1 Jurisdiction. – The Department, through the Bureau of Fisheries and Aquatic Resources (BFAR), in cooperation with
concerned national agencies, shall have the responsibility and jurisdiction in the management, conservation, development,
protection, utilization, and disposition of all fisheries and aquatic resources of the country, except municipal waters. However,
in municipal waters the DA-BFAR may coordinate with and assist the LGUs, FARMCs, and other government agencies concerned
in the development, conservation, protection, utilization and management of fisheries and aquatic resources.
Rule 3.2 The Department and the Department of Environment and Natural Resources (DENR) shall, within one (1) year from the
effectivity of this IRR, issue a Joint Memorandum Order to clarify their respective jurisdiction and authority on the management
of fisheries resources.
Sec. 4. Definition of Terms. - As used in this Code, the following terms and phrases shall mean as follows:
1. Ancillary Industries - firms or companies related to the supply, construction and maintenance of fishing vessels, gears,
nets and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed
plants, cold storage, and refrigeration, processing plants and other pre-harvest and post harvest facilities.
2. Appropriate Fishing Technology - adaptable technology, both in fishing and ancillary industries, that is ecologically
sound, locally source-based and labor intensive.
3. Aquaculture - fishery operations involving all forms of raising and culturing fish and other fishery species in fresh,
brackish and marine areas.
4. Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic
environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic
resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and
navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products
of petroleum or carbonaceous materials/substances and other radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made structure. Deforestation, unsound agricultural
practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and
wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution.
5. Aquatic resources - includes fish, all other aquatic flora and fauna and other living resources of the aquatic
 environment, including but not limited to salt and corals.
6. Artificial Reefs - any structure of natural or man-made materials placed on a body of water to serve as shelter and
habitat, source of food, breeding areas for fishery species and shoreline protection.
7. Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or harvested from any fishing area in
consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms.
8. Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in
a specified area or areas in Philippine waters.
9. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial
processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas
within the landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters
isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas.
10. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond
subsistence or sports fishing, to be further classified as:
  1. Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up
to twenty (20) GT;
  2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150)
GT; and
  3. Large scale commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT.
11. Commercial scale - a scheme of producing a minimum harvest per hectare per year of milkfish or other species
including those raised in pens, cages, and tanks to be determined by the Department in consultation with the
concerned sectors.
12. Coral - the hard calcareous substance made up of the skeleton of marine coelenterate polyps which includes reefs,
shelves and atolls or any of the marine coelenterate animals living in colonies where their skeletons form a stony mass.
They include: (a) skeletons of anthozoan coelenterates characterized as having a rigid axis of compact calcareous or
horny spicules, belonging to the genus corallium as represented by the red, pink and white corals which are considered
precious corals; (b) skeletons of anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians
represented by the black corals which are considered semi-precious corals; and (c) ordinary corals which are any kind of
corals that are not precious nor semi-precious.
13. Coral Reef - a natural aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal and
subtidal marine waters.
14. Demarcated areas - boundaries defined by markers and assigned exclusively to specific individuals or organizations for
certain specified and limited uses such as:
  a. Aquaculture, sea ranching and sea farming;
  b. Fish aggregating devices;
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  c. Fixed and passive fishing gears; and a
  d. Fry and fingerling gathering.
15. Department - shall mean the Department of Agriculture.
16. Electrofishing - the use of electricity generated by batteries, electric generators and other source of electric power to
kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered.
17. Endangered, Rare and/or Threatened Species - aquatic plants, including some varieties of corals and sea shells in danger
of extinction as provided for existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of
the Department of Environment and Natural Resources (DENR) and in the Convention of the International Trade of
Endangered Species of Flora and Fauna (CITES).
18. 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.
19. FARMC's - the Fisheries and Aquatic Resources Management Councils.
20. Farm-to-Market Roads - shall include roads linking the fisheries production sites, coastal landing points and other post-
harvest facilities to major market and arterial roads and highways.
21. Fine Mesh Nets - net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of
a full mesh when stretched or as otherwise determined by the appropriate government agency.
22. Fish and Fishery/Aquatic Products - include not only finfish but also mollusk, crustaceans, echinoderms, marine
mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form.
23. 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.
24. Fish Corral or "Baklad" - a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo
stakes, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more
enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching
chambers, purse or bags.
25. Fish Fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm. depending on the species.
26. Fish Fry - a stage at which a fish has just been hatched usually with sizes from 1-2.5 cm.
27. Fish pen - 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
fish.
28. Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or
aquatic resources.
29. Fisherfolk Cooperative - a duly registered association of fisherfolk with a common bond of interest, who have voluntarily
 joined together to achieve a lawful common social or economic end, making equitable contribution to the capital
requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally
accepted cooperative principles.
30. Fisherfolk Organizations - an organized group, association, federation, alliance or an institution of fisherfolk which has
at least fifteen (15) members, a set of officers, a constitution and by-laws, an organizational structure and a program of
action.
31. Fisheries - refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing,
developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take
aquatic resource thereof.
32. Fish Pond - a land-based facility enclosed with earthen or stone material to impound water for growing fish.
33. Fishing Boat/Gear License - a permit to operate specific types of fishing boat/gear for specific duration in areas beyond
municipal waters for demersal or pelagic fishery resources.
34. Fishery Management Areas - a bay, gulf, lake or any other fishery area which may be delineated for fishery resource
management purposes.
35. Fishery Operator - one who owns and provides the means including land, labor, capital, fishing gears, and vessels, but
does not personally, engage in fishery.
36. Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which may damage the
ecosystem of the area is prohibited and human access may be restricted.
37. Fishery Reserve - a designated area where activities are regulated and set aside for educational and research purposes.
38. Fishery Species - all aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusks,
crustaceans, echinoderms and cetaceans.
39. Fishing - the taking of fishery species from their wild state or habitat, with or with out the use of fishing vessels.
40. Fishing gear - any instrument or device and its accessories utilized in taking fish and other fishery species.
a. Active fishing gear - is a fishing device characterized by gear movement, and/or the pursuit of the target species by
towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to
impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and
tuna longline.
b. Passive fishing gear - is characterized by the absence of gear movements and/or the pursuit of the target species;
such as, but not limited to hook and line, fishpots, traps and gill nets across the path of the fish.
41. Fishing vessel - any boat, ship or other watercrrft equipped to be used for taking of fishery species or aiding or assisting
one (1) or more vessels in the performance of any activity relating to fishing, including, but not limited to, preservation,
supply, storage, refrigeration, transportation and/or processing.
42. Fishing with Explosives - the use of the dynamite, other explosives or other chemical compounds that contains
combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or
parts of the compound, will kill, stupefy, disable or r ender unconscious any fishery species. It also refers to the use of
36
any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on
any fishery species and aquatic resources and capable of damaging and altering the natural habitat.
43. Fishing with Noxious or Poisonous Substances - the use of any substance, plant extracts or juice thereof, sodium cyanide
and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings,
which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of
damaging and altering the natural habitat.
44. Fishworker - a person regularly or not regularly employed in commercial fishing and related industries, whose income is
either in wage, profit-sharing or stratified sharing basis, including those working in fish pens, fish cages, fish
corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or
packing plants. Excluded from this category are administrators, security guards and overseers.
45. Food Security - refers to any plan, policy or strategy aimed at ensuring adequate supplies of appropriate food at
affordable prices. Food security may be achieved through self-sufficiency (i.e. ensuring adequate food supplies from
domestic production), through self-reliance (i.e. ensuring adequate food supplies through a combination of domestic
production and importation), or through pure importation
46. Foreshore Land - a string of land margining a body of water, the part of a seashore between the low-water line usually
at the seaward margin of a low tideterrace and the upper limit of wave wash at high tide usually marked by a beach
scarp or berm.
47. Fully-developed Fishpond Area - a clean leveled area enclosed by dikes, at least one foot higher than the highest
floodwater level in the locality and strong enough to resist pressure at the highest flood tide; consists of at least a
nursery pond, a transition pond, a rearing pond or a combination of any or all said classes of ponds, and a functional
water control system and producing in a commercial scale .
48. Gross Tonnage - includes the underdeck tonnage, permanently enclosed spaces above the tonnage deck, except for
certain exemptions. In broad terms, all the vessel's 'closed-in' spaces expressed in volume terms on the bases of one
hundred cubic feet (that equals one gross ton).
49. Inland Fishery - the freshwater fishery and brackishwater fishponds.
50. Lake - an inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently
or formerly covered by water.
51. Limited Access - a fishery policy by which a system of equitable resource use and allocation is established by law
through fishery rights granting and licensing procedure as provided by this Code.
52. Mangroves - a community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts,
swamps, or border of swamps.
53. Maximum Sustainable Yield (MSY) - is the largest average quantity of fish that can be harvested from a fish
stocks/resource within a period of time (e.g. one year) on a sustainable basis under existing environmental conditions.
54. Migratory species - refers to any fishery species which in the course of their life could travel from freshwater to marine
water or vice versa, or any marine species which travel over great distances in waters of the ocean as part of their
behavioral adaptation for survival and speciation:
  (a) Anadromous species - marine fishes which migrate to freshwater areas to spawn;
 Zone and the continental shelf.

  (b) Catadromous species - freshwater fishes which migrate to marine areas to spawn; 65. Post-harvest facilities - these facilities include, but are not limited to, fishport, fishlanding, ice plants and cold storages,
fish processing plants.
55 Monitoring, Control and Durveillance -
66. Purse Seine - a form of encircling net having a line at the bottom passing through rings attached to the net, which can be
a) Monitoring - the requirement of continuously observing: (1) fishing effort which can be expressed by the number of drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish. The bottom of the net is
  days or hours of fishing, number of fishing gears and number of fisherfolk; (2) characteristics of fishery resources; pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated
and (3) resource yields (catch); in the bunt or fish bag.

b) Control - the regulatory conditions (legal framework) under which the exploitation, utilization and disposition of the 67. Resource Rent - the difference between the value of the products produced from harvesting a publicly owned resource
 
resources may be conducted; and less the cost of producing it, where cost includes the normal return to capital and normal return to labor.

  c) Surveillance - the degree and types of observations required to maintain compliance with regulations. 68. Sea farming - the stocking of natural or hatchery-produced marine plants or animals, under controlled conditions, for
purposes of rearing and harvesting, but not limited to commercially-important fishes, mollusks (such as pearl and giant
56. Municipal fisherfolk - persons who are directly or indirectly engaged in municipal fishing and other related fishing clam culture), including seaweeds and seagrass.
activities.
69. Sea ranching - the release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water
57. Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing for subsequent harvest at maturity or the manipulation of fishery habitat, to encourage the growth of the wild stocks.
not requiring the use of fishing vessels.
70. Secretary - the Secretary of the Department of Agriculture.
58. Municipal waters - include not only streams, lakes, inland bodies of water and tidal waters within the municipality which
are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest,
71. Superlight - also called magic light, is a type of light using halogen or metal halide bulb which may be located above the
timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn
sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket. The source of energy
perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide
comes from a generator, battery or dynamo coupled with the main engine.
and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such
coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of
72. Total Allowable Catch (TAC) - the maximum harvest allowed to be taken during a given period of time from any fishery
marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities.
area, or from any fishery species or group of fishery species, or a combination of area and species and normally would
not exceed the MSY.
59. Non-governmental organization (NGO) - an agency, institution, a foundation or a group of persons whose purpose is to
assist peoples organizations/associations in various ways including, but not limited to, organizing, education, training, 73. Trawl - an active fishing gear consisting of a bag shaped net with or without otter boards to open its opening which is
research and/or resource accessing. dragged or towed along the bottom or through the water column to take fishery species by straining them from the
water, including all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets.
60. Payao - a fish aggregating device consisting of a floating raft anchored by a weighted line with suspended materials such
as palm fronds to attract pelagic and schooling species common in deep waters. Rule 4.1 Additional Terms. – Additional terms and their definitions as used in this IRR but not included in Section 4 of RA No.
8550 are as follows:
61. Pearl Farm Lease - public waters leased for the purpose of producing cultured pearls.
 
62. People’s Organization - a bonafide association of citizens with demonstrated capacity to promote the public interest and
with identifiable leadership, membership and structure. Its members belong to a sector/s voluntarily band themselves CHAPTER II
together to work for and by themselves for their own upliftment, development and greater good.
UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION SYSTEM OF FISHERIES AND AQUATIC
63. Person - natural or juridical entities such as individuals, associations, partnership, cooperatives or corporations. RESOURCES

64. Philippine waters - include all bodies of water within the Philippine territory such as lakes, rivers streams, creeks, brooks,  
ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water now existing or which may hereafter exist in the
SEC. 5. Use of Philippine Waters - The use and exploitation of the fishery and aquatic resources in Philippine waters shall be
provinces, cities, municipalities, and barangays and the waters around, between and connecting the islands of the
reserved exclusively to Filipinos: Provided, however, That research and survey activities may be allowed under strict
archipelago regardless of their breadth and dimensions, the territorial sea, the sea beds, the insular shelves, and all other
regulations, for purely research, scientific, technological and educational purposes that would also benefit Filipino citizens.
waters over which the Philippines has sovereignty and jurisdiction including the 200-nautical miles Exclusive Economic

37
Rule 5.1 Research, Scientific, Technological and Educational Activities. – The Department, through BFAR, shall issue the
Fisheries Administrative Order (FAO) on regulations of research, scientific, technological, educational and survey activities that
maybe undertaken by non-Filipinos.
SEC. 6. Fees and Other Fishery Charges. - The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and
license fees for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that reflect resource rent accruing from the
utilization of resources and shall be determined by the Department: Provided, that the Department shall also prescribe fees
and other fishery charges and issue the corresponding license or permit for fishing gear, fishing accessories and other fishery
activities beyond the municipal waters: Provided, furthe, that the liense fees of fishery activity in municipal waters shall be
determined by the Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may also recommend the
appropriate license fees that will be imposed.
The Department, through the Bureau shall:
Rule 6.1 Rentals, License Fees and Other Fishery Charges. – Determine rentals for fishpond areas covered by the Fishpond
Lease Agreement (FLA) and license fees for Commercial Fishing Boat License (CFBL) at levels that reflect resource rent accruing
to the utilization of resources based on estimates from economic studies or best available evidence of economic rent; fees and
other charges for gears, accessories and other fishery charges shall be based on rates sufficient to cover administrative costs;
Rule 6.2 Rentals for Fishpond Areas. - Issue, within one year from the effectivity of this IRR, the appropriate Fisheries
Administrative Order (FAO), prescribing the rental rates for fishpond areas leased from government;
Rule 6.3 License Fees for Commercial Fishing Boats. – Issue within one year from the effectivity of this IRR, the FAO prescribing
the license fees for CFBLs;
Rule 6.4 Fees and Other Fishery Charges. – Issue within one year from the effectivity of this IRR, the FAO prescribing the fees
and other fishery charges for gears, accessories and other fishery activities;
Rule 6.5 Interim Period. – Continue to charge the present license fees until the FAO described in the preceding rules shall have
been issued;
Rule 6.6 Technical Assistance. – Provide technical assistance to Local Government Units (LGUs) regarding local regulations on
fees and other fishery charges.
SEC. 7. Access to Fishery Resources. - The Department shall issue such number of licenses and permits for the conduct of
fishery activities subject to the limits of the 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.
The Department, through BFAR, shall:
Rule 7.1 Determination of MSY and TAC. – Determine, within three (3) years from the effectivity of this IRR and every three (3)
years thereafter, through continuous stock assessment studies an estimate of the MSY and TAC of major fisheries, including but
not limited to large pelagic, small pelagic, reef and demersal fisheries, for the entire Philippines and for each major fishing area;
Rule 7.2 Comprehensive Fisheries Information System. – Establish a comprehensive information network system at the
national, regional and local levels, in cooperation with other concerned agencies, for collection, storage and retrieval of
fisheries data ;
Rule 7.3 Coordination with Concerned Agencies. –Coordinate with the Bureau of Agricultural Statistics (BAS), Philippine
Fisheries Development Authority (PFDA), LGUs and other agencies to ensure that the catch and effort statistics collected by the
said agencies shall be in accordance with the data requirement of BFAR;
38
Rule 7.4 Inventory of Commercial Fishing Boats. –Conduct and complete within one (1) year from the effectivity of this IRR, an
inventory of all commercial fishing boats and gears and their areas of operation;
Rule 7.5 Determination of the Number of Licenses. – Based on the MSY and TAC estimate or best available evidence,
determine the number of licenses to be issued for commercial fishing boats for each major fisheries, major fishing area, vessel
size categories, and by type of fishing gear and corresponding catch quota for each fishing boat: Provided, however, fishing
boats used to support fish production such as fish carriers, skiff boats, lightboats and sonar boats are not included under this
limitation;
Rule 7.6 Priority Rights of Present Licensees. – Grant priority rights in the allocation of licenses to present Commercial Fishing
Boat License (CFBL) holders for renewal of their license, provided that there is no record of violation of the terms and conditions
of the license;
Rule 7.7 Preferential Allocation for Large Vessels. – Accord preference in the allocation of Commercial Fishing Vessel License
(CFVL) to large fishing vessels to encourage fishing in the EEZ and beyond;
Rule 7.8 Criteria for Licensing of Small and Medium Commercial Fishing Vessels. – Undertake and complete within two years
from the effectivity of this IRR, an extensive evaluation study of the technical capability of small and medium commercial
fishing vessels to fish beyond the municipal waters; and based on the findings of such study, define the criteria for granting
licenses to these small and medium-sized commercial vessels.
SEC. 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or quota on the total quantity of fish captured, for a
specified period of time and specified area based on the best available evidence. Such a catch ceiling may be imposed per
species of fish whenever necessary and practicable: Provided, however, That in municipal waters and fishery management
areas, and waters under the jurisdiction of special agencies, catch ceilings may be established upon the concurrence and
approval or recommendation of such special agency and the concerned LGU in consultation with the FARMC for conservation
or ecological purposes.
The Secretary, through the Director, may:
Rule 8.1 Catching Ceiling. – Issue the appropriate FAO, based on the findings of stock assessment studies and estimate of MSY,
the necessary total catch ceiling limitation for each major fishery and/or specific fishing area;
Rule 8.2 Catch Ceiling in Municipal Waters. – Establish catch ceilings in specified municipal waters or fisheries management
areas and waters under the jurisdiction of special agencies through a Joint Memorandum Order between the Department, the
concerned special agency or LGU after consultation with the FARMCs including provisions for its enforcement.
SEC. 9. Establishment of Closed Season. - The Secretary may declare, through public notice in at least two (2) newspapers of
general circulation or in public service announcements, whichever is applicable, at least (5) days before the declaration, a
closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and
ecological purposes. The Secretary may include waters under the jurisdiction of special agencies, municipal waters and bays,
and/or other areas reserved for the use of the municipal fisherfolk in the areas to be covered by closed season: Provided,
however, That this shall be done only upon the concurrence and approval or recommendation of such special agency and the
concerned LGU and FARMC: Provided, further, That in municipal waters, fishery management areas and other areas reserved
for the use of the municipal fisherfolk, closed season may be established by the concerned LGU in consultation with the FARMC
for conservation or ecological purposes. The FARMCs may also recommend the establishment of closed seasons in municipal
waters, fisheries management and other areas reserved for the use of municipal fisherfolk.
The Secretary, upon the recommendation of the Director, may:
Rule 9.1 Establishment of Closed Season. – Issue the appropriate FAO declaring a closed season regulation in a specific area,
based on the findings of stock assessment studies, biological studies, other research studies or best available evidence;
Rule 9.2 Impact Assessment. –Undertake an impact assessment study upon the expiration of the closed season period to
determine appropriate regulation;
Rule 9.3 Closed Season in Municipal Waters. – Include closed season regulations in waters under the jurisdiction of special
agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk upon the concurrence
and approval or recommendation of such special agency and the concerned LGU and FARMC, in which case the concerned LGUs
or special agencies shall, through appropriate municipal fisheries ordinance or resolution, cease to issue license/permits for
fisheries activities in municipal waters and bays in closed season area.
SEC. 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk, crustacean or aquatic plants shall be introduced
in Philippine waters without a sound ecological, biological and environmental justification based on scientific studies subject to
the bio-safety standards as provided for by existing laws: Provided, however, That the Department may approve the
introduction of foreign aquatic species for scientific/research purposes.
The Department, through BFAR, shall:
Rule 10.1 Regulations. – Issue within one (1) year from the effectivity of this IRR, the appropriate FAO to implement this
Section.
SEC. 11. Protection of Rare, Threatened and Endangered Species. - The Department shall declare closed seasons and take
conservation and rehabilitation measures for rare, threatened and endangered species, as it may determine, and shall ban the
fishing and/or taking of rare, threatened and/or endangered species, including their eggs/offspring as identified by existing
laws in concurrence with concerned government agencies.
The Department, through BFAR, shall:
Rule 11.1 Inventory. – Conduct an inventory of rare, endangered and threatened aquatic species starting from the effectivity of
this IRR, and thereafter, monitor and keep an updated list of such species;
Rule 11.2 Regulations. – Issue the appropriate FAO declaring closed seasons and management measures to protect rare,
threatened and endangered species.
SEC. 12. Environmental Impact Statement (EIS). - All government agencies as well as private corporations, firms and entities
who intend to undertake activities or projects which will affect the quality of the environment shall be required to prepare a
detailed Environmental Impact Statement (EIS) prior to undertaking such development activity. The preparation of the EIS shall
form an integral part of the entire planning process pursuant to the provisions of Presidential Decree No. 1586 as well as its
implementing rules and regulations.
Rule 12.1 Establishment of Environmental Unit in BFAR. – The Department shall establish an Environmental Unit in BFAR to
coordinate with concerned agencies in assisting project proponents in preparing Environmental Impact Statement prior to its
submission to DENR.
SEC. 13. Environmental Compliance Certificate (ECC). - All Environmental Impact Statements (EIS) shall be submitted to the
Department of Environment and Natural Resources (DENR) for review and evaluation. No persons, natural or juridical, shall
undertake any development project without first securing an Environmental Compliance Certificate (ECC) from the Secretary of
the DENR.
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SEC. 14. Monitoring, Control and Surveillance of Philippine Waters. - A monitoring, control and surveillance system shall be
established by the Department in coordination with LGUs, FARMCs, the private sector and other agencies concerned to ensure
that the fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a sustainable
basis and conserved for the benefit and enjoyment exclusively of Filipino citizens.
The Department, through BFAR, shall:
Rule 14.1 Establish a Monitoring, Control and Surveillance (MCS) System at the national and regional levels which shall be
comprised of the following:
a. The Monitoring Component consists of the collection, storage and retrieval of catch and effort data and other relevant
information;
b. The Control Component consists of fishery legislation and ordinances, such as but not limited to licensing, catch ceiling,
closed season, fish sanctuaries and other regulations provided in this IRR;
c. The Surveillance Component consists of fishery law enforcement activities.
Rule 14.1 Establish a Monitoring, Control and Surveillance (MCS) System at the national and regional levels which shall be
comprised of the following:
a. The Monitoring Component consists of the collection, storage and retrieval of catch and effort data and other relevant
information;
b. The Control Component consists of fishery legislation and ordinances, such as but not limited to licensing, catch ceiling,
closed season, fish sanctuaries and other regulations provided in this IRR;
c. The Surveillance Component consists of fishery law enforcement activities.
Rule 14.2 Inter-Agency Coordination. – The Cabinet Committee on Marine and Ocean Affairs (CABCOM-MOA) Technical
Working Group for MCS shall be the coordinating committee to implement the MCS;
Rule 14.3 Operations Centers. – Establish the National MCS Coordinating and Operations Center (NMCSCOC) and Regional MCS
Coordinating and Operations Center (RMCSCOC) in strategic sites;
Rule 14.4 Establish Municipal MCS System in selected municipalities in coordination with FARMCs, Department of Interior and
Local Government (DILG), the private sector and other agencies concerned;
Rule 14.5 Secure budgetary support from the Department of Budget and Management (DBM) for an effective MCS operations.
SEC. 15. Auxiliary Invoices - All fish and fishery products must have an auxiliary invoice to be issued by the LGUs or their duly
authorized representatives prior to their transport from their point of origin to their point of destination in the Philippines
and/or export purposes upon payment of a fee to be determined by the LGUs to defray administrative costs therefor.
The municipal/city government shall:
Rule 15.1 Restrictions. – Issue auxiliary invoices for the transport of fish and fishery products except those caught in violation of
the provisions of this Code or are declared as health hazards as defined in this IRR: Provided, however, that the fish and fishery
aquatic product transported and/or unloaded by Philippine Registered fishing vessels and culture pearls are exempted from the
issuance of auxiliary invoice;
Rule 15.2 Reports. – Make available to the Provincial Fishery Office (PFO) the monthly summary of auxiliary invoices.
ARTICLE I
MUNICIPAL FISHERIES
SEC . 16. Jurisdiction of Municipal/City Governments. - The municipal/city government shall have jurisdiction over municipal
waters as defined in this Code. The municipal/city government, in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic resources
within their respective municipal waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and in
accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component city shall be
reviewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the
municipality/city council.
The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces, shall
be done in an integrated manner, and shall not be based on political subdivisions of municipal waters in order to facilitate their
management as single resource systems. The LGUs which share or border such resources may group themselves and
coordinate with each other to achieve the objectives of integrated fishery resource management. The Integrated Fisheries and
Aquatic Resources Management Councils (IFARMCs) established under Section 76 of this Code shall serve as the venues for
close collaboration among LGUs in the management of contiguous resources.
The municipal/city government shall:
Rule 16.1 Basic Municipal Fisheries Ordinance. – Shall enact a basic Municipal Fisheries Ordinance (MFO) delineating the
boundaries of the municipal waters as defined in this Code and providing the rules and regulations on licensing and permits and
other fisheries activities: Provided, however, that for municipalities whose waters are adjacent or contiguous to international
borders, the delineation of boundaries of municipal waters shall be done after due consultation with the DFA and other
concerned agencies;
Rule 16.2 License Fees. – Shall determine, in consultation with the FARMCs, the license fees of fisheries activities in municipal
waters: Provided, that the FARMC may also recommend the appropriate license fees that will be imposed;
Rule 16.3 Special Municipal Fisheries Ordinances. – Shall enact, in consultation with BFAR, Special Fisheries Ordinances, such
as but not limited to declaring special demarcated fisheries areas, closed season and environmentally critical areas and
sanctuaries;
Rule 16.4 Consultation with the FARMCs. – Shall consult the FARMCs in the enactment of municipal fisheries ordinances;
Rule 16.5 Modified Ordinance. – Shall modify or amend existing municipal fisheries ordinances to conform with Republic Act
No. 8550;
Rule 16.6 Overlapping Boundaries. – May seek the assistance of the Department through BFAR, in resolving overlapping
boundaries of municipal waters;
Rule 16.7 Unified Fisheries Ordinance. – May formulate with other LGUs having jurisdiction over municipalities bordering bays,
lakes and gulfs, a unified municipal fisheries ordinance for an integrated resource management of the same;
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Rule 16.8 Color Coding. – Shall design a color coding system for municipal waters, such color code system to include
identifiable markings to be carried by the municipal fishing boats;
Rule 16.9 Enforcement. – Shall enforce fishery laws, rules and regulations and fisheries ordinances in municipal waters.
SEC. 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk organizations/cooperatives shall have
preference in the grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code:
Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan
Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and
implementation of the aforementioned structures.
SEC. 18. Users of Municipal Waters. - All fishery activities in municipal waters, as defined in this Code, shall be utilized by
municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate
ordinance, authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to
fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the
Department;
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the appropriate agency as
not having violated this Code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department
to be in an environmentally critical condition and during closed season as provided for in Section 9 of this Code.
Rule 18.1 Guidelines. - The municipality/city government which intend to allow the entry of commercial fishing boats in 10.1 to
15 km. from the coastline:
a. Establish the boundaries of the allowable areas for commercial fishing: The concerned municipality and city government may
seek the assistance of the Department and/or National Mapping and Resource Information Authority (NAMRIA) in establishing
the boundaries and isobath depth of waters;
b. Conduct a public hearing in consultation with FARMCs to present the following (1) a map showing the areas of the municipal
waters where small and medium commercial fishing vessels may be allowed to operate (2) the type of fishing vessels and gear
that may be allowed in such waters (3) the draft municipal fisheries ordinance permitting/allowing such commercial fishing
operations;
c. Enact appropriate municipal fisheries ordinance.
SEC. 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of municipal fisherfolk, who are fishing or may
desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal
waters, and of monitoring fishing activities and/or other related purposes: Provided, That the FARMC shall submit to the LGU
the list of priorities for its consideration.
Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic
locations where it shall be open to public inspection, for the purpose of validating the correctness and completeness of the list.
The LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures
that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms.
The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with the
assistance of the FARMC.
Rule 19.1 Standard Registration Form – The Department, through BFAR, in coordination with NFARMC, shall assist the LGUs in
developing a standard registration form for municipal fishing vessels, gears and fisherfolk;
Rule 19.2 Criteria for Registration. – Residency in the municipality/city for at least six (6) months;
Rule 19.3 Use of Registry. – The Registry of Municipal Fisherfolk shall serve as basis for the identification of priority municipal
fisherfolk who shall be allowed to fish within the municipal waters but registration is not equivalent to a permit to fish.
SEC. 20. Fisherfolk Organizations and/or Cooperatives. - Fisherfolk organizations/cooperatives whose members are listed in the
registry of municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or
fish farming: Provided, however, That an organization/cooperative member whose household is already in possession of a
fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization or cooperative.
SEC. 21. Priority of Resident Municipal Fisherfolk. - 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.
SEC. 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery rights to fishery
organizations/cooperatives for mariculture operation in specific areas identified by the Department.
Rule 22.1 Identification of Mariculture Areas. – The Department, through BFAR, in cooperation with the LGUs concerned, shall
identify municipal waters suitable for mariculture operations and establish the linear boundaries of the area to be declared as
demarcated fishery area.
SEC. 23. Limited Entry Into Overfished Areas. Whenever it is determined by the LGUS and the Department that a municipal
water is overfished based on available data or information or in danger of being overfished, and that there is a need to
regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters.
The Department, through BFAR, shall:
Rule 23.1 Guidelines on Overfishing. – Promulgate and issue within six (6) months from the effectivity of this IRR, the criteria
for determining overfished areas and issue the appropriate FAO;
Rule 23.2 Declaration of Overfished Areas in Municipal Waters. – Determine jointly with the LGUs and FARMCs concerned, the
boundaries of municipal waters or parts thereof, which are overfished or in danger of being overfished or in need of
regeneration: Provided, however, that the LGUs shall declare a municipal water or parts thereof as overfished and shall issue
the appropriate municipal fisheries ordinance prohibiting or limiting fisheries activities;
Rule 23.3 Impact Assessment. – Undertake an impact assessment of the state of fisheries in the declared overexploited area
and accordingly submit its recommendations to the concerned municipalities.
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SEC. 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide support to municipal fisherfolk through
appropriate technology and research, credit, production and marketing assistance and other services such as, but not limited
to training for additional/supplementary livelihood.
The Department, through BFAR, in collaboration with other concerned agencies, shall:
Rule 24.1 Technology Transfer. – Transfer technology in aquaculture, post-harvest, fishing and other technologies through
training and extension in BFAR’s fisheries demonstration farms, National Fisheries Technology Centers, Regional Fishermen
Training Centers and Regional Fisheries Outreach Stations;
Rule 24.2 Verification Studies. – Conduct technology verification studies and establish pilot demonstration projects in various
aspects of fisheries conservation, management and development;
Rule 24.3 Marketing Assistance. – Provide production, market and credit information for fish and fishery products;
Rule 24.4 Technical Assistance on Feasibility Studies. – Provide technical assistance in the preparation of feasibility studies to
facilitate fisherfolk organizations’ access to credit;
Rule 24.5 Technical Assistance on Fisheries Management. – Provide technical assistance to LGUs, FARMCs and fisherfolk
organizations in establishing fisheries management systems in municipal waters;
Rule 24.6 Organizing/Strengthening of Local Organizations. – Provide assistance in organizing/strengthening fisherfolk
organizations and cooperatives in coordination with the Cooperative Development Authority (CDA), Non-Government
Organizations (NGOs), People Organizations (POs) and other concerned agencies.
SEC 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the privileges accorded to other workers
under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided,
That fishworker on board ant fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as
amended.
Rule 25.1 Working Hours of Fishworkers. – Fishworkers on board any fishing vessel engaged in fishing operations shall be
classified as field personnel as defined under Section 82 of the Philippine Labor Code, as amended, and shall not be subject to
the regulations on normal working hours and overtime.
ARTICLE II
 
COMMERCIAL FISHERIES
SEC. 26. Commercial Fishing Vessel License and Other Licenses. - 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, or seek
employment as a fishworker or pearl driver without first securing a license from the Department, the period of which shall be
prescribed by the Department: Provided, That no such license shall be required of a fishing vessel engaged in scientific research
or educational purposes within Philippine waters and pursuant to an international agreement of which the Philippines is a
signatory and which agreement defines the status, privileges and obligations of said vessel and its crew and the non-Filipino
officials of the international agency under which vessel operates: Provided further, That members of the crew of a fishing
vessel used for commercial fishing except the duly licensed and/or authorized patrons, marine engineers, radio operators and
cooks shall be considered as fisherfolk: Provided furthermore, That 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 fishworker
licenses: Provided finally, That the large commercial fishing vessel license herein authorized to be granted shall allow the
licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and
subject to the conditions that may be stated therein and the rules and regulations that may be promulgated by the
Department.
The Department, through BFAR, shall:
Rule 26.1 Vessel and Gear Licenses. – Issue to qualified commercial fishing vessel applicant licenses for fishing vessel and gear
for specific or several fishing areas to be used for commercial fishing operation. The license shall be for specific fishing areas
provided, however, that the license may be granted for one or several fishing areas;
Rule 26.2 Updated Philippine Marine Water Map. – Organize an Inter-agency Committee to prepare a consolidated map of
Philippine waters, delineating municipal water boundaries and depths thereof;
Rule 26.3 Number of Commercial Fishing Vessel Licenses (CFVL). – Issue the corresponding number of CFVL based on MSY as
provided in Section 7 of this Code;
Rule 26.4 Skipper’s Surveillance Training. – Require skippers to undergo an intensive orientation/training on fishery laws
including the detection of fish caught by explosives/obnoxious or poisonous substances and to report sightings of foreign
fishing vessels poaching in Philippine waters and other fishery violations.
SEC. 27. Persons Eligible for Commercial Fishing Vessel License. - No commercial fishing vessel license shall be issued except to
citizens of the Philippines, partnership or to associations, cooperatives or corporations duly registered in the Philippines at
least sixty percent (60%) of the capital stock of which is owned by Filipino citizens. No person to whom a license has been
issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any person not qualified to hold a
license. Any such transfer, sale or assignment shall be null and void and shall not be registered in the books of the association,
cooperative or corporation.
For purposes of commercial fishing, fishing vessel owned by citizens of the Philippines, partnerships, corporations,
cooperatives or associations qualified under this section shall secure Certificates of Philippine Registry and such other
documents as are necessary for fishing operations from the concerned agencies: Provided, That the commercial fishing vessel
license shall be valid for a period to be determined by the Department.
SEC. 28. Commercial Fishing Vessel Registration. - The registration, documentation, inspection and manning of the operation of
all types of fishing vessels plying Philippine waters shall be in accordance with existing laws, rules and regulations.
SEC 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing. - Before a commercial fishing holding a
commercial fishing vessel license may begin fishing operations in Philippine waters, the fishing it will utilize in fishing shall be
registered and a license granted therefore. The Department shall promulgate guidelines to implement this provision within
sixty (60%) days from approval of this Code.
Rule 29.1 Requirements for Licensing. – The Department, through BFAR, shall issue within three (3) months from the effectivity
of this IRR, the appropriate FAO to implement this Section.
SEC. 30. Renewal of Commercial Boats License. - The commercial fishing boat license shall be renewed every three (3) years.
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within which to
renew the same.
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SEC. 31. Report of Transfer of Ownership. - The owner/operator of a registered fishing vessel shall notify the Department in
writing of the transfer of the ownership of the vessel with a copy of such document within ten (10) days after its transfer to
another person.
SEC. 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing vessels of Philippine registry may
operate in international water or waters of other countries which allow such fishing operation: Provided, That they comply
with the safety, manning and other requirements of the Philippine Coast Guard, Maritime Industry Authority and other
agencies concerned: Provided, however, That they secure an international fishing permit and certificate of clearance from the
Department: Provided, further, That the fish caught by such vessels shall be considered as caught in Philippine waters and
therefore not subject to all import duties and taxes only when the same is landed in duly designated fish landings and fish ports
in the Philippines: Provided furthermore, That landing ports established by canneries, seafood processors and all fish landing
sites established prior to the effectivity of this Code shall be considered authorized landing sites: Provided, finally, That
fishworkers on board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Zone are
not considered as overseas Filipino workers.
The Department, through BFAR, shall:
Rule 32.1 Registration of Landing Ports. – Require landing ports established by canneries, seafood processors, and private fish
landing sites established prior to the effectivity of this Code to register with BFAR to qualify as authorized landing sites for fish
caught in international waters by Philippine commercial fleet;
Rule 32.2 Workers Classification – Fishermen on board Philippine registered fishing vessels fishing beyond the Exclusive
Economic Zone are not considered as overseas Filipino workers, and therefor, are not covered by the Migrant Workers and
Overseas Filipino Act of 1995 and its implementing rules and regulations.
Rule 32.3 Exception from Applicable Immigration and Customs Regulations. – Philippine registered fishing vessels engaged in
fishing operations in Philippine 200 miles Exclusive Economic Zone and beyond shall be exempted from applicable immigration
and customs laws and its implementing rules.
SEC. 33. Importation of Fishing Vessels or Construction of New Fishing Boats.  - Prior to the importation of fishing vessels and
the construction of new fishing vessels, the approval/clearance of the Department must first be obtained.
The Department, through BFAR, shall:
Rule 33.1 Importation. – Issue, within one (1) year from the effectivity of this IRR, the appropriate FAO on the maximum age
and minimum gross tonnage for catcher vessels that may be imported.
SEC. 34. Incentives for Municipal and Small Scale Commercial Fisherfolk. - Municipal and small scale commercial fisherfolk shall
be granted incentives which shall include, but are not limited to the following:
a. at least ten percent (10%) of the credit and the guarantee funds of government financing institutions shall be made
available for post harvest and marketing projects for the purpose of enhancing our fisherfolk competitiveness by reducing
post-harvest losses. Qualified projects shall include, but shall not be limited to, ice plants, cold storage, canning,
warehouse, transport and other related infrastructure projects and facilities, and
b. the Department shall undertake the following programs:
  1. a capability building program for targeted parties shall be developed by the Department to promote greater
bankability and worthiness of municipal and small scale commercial fishers. Such program shall include organizing
activities, technology transfer, and skills training related to commercial fishing as well as credit management. Groups
 and cooperatives organized under the program shall have priority access over credit and guarantee funds established
under this Code; and
2. an information campaign shall be conducted to promote the capability-building and credit programs. The campaign
shall ensure greater information dissemination and accessibility to targeted fisherfolk.
Rule 34.1 Inter-Agency Credit Committee. – The Department, shall within three (3) months from the effectivity of this IRR, form
an Inter-Agency Committee composed of representatives from Agricultural Credit and Policy Council (ACPC), BFAR, National
Credit Council (NCC), Department of Finance (DOF), Small and Medium Business Enterprise Guarantee Fund (SMBEGF),
Guarantee Fund for Small and Medium Scale Enterprise (GFSME), Land Bank of the Philippines (LBP), Development Bank of the
Philippines (DBP), Quedan and Rural Credit Guarantee Corporation (QUEDANCOR), Guarantee Fund for Small and Medium
Scale Enterprises (GFSME) who shall formulate through a participatory process with the beneficiaries the credit guidelines to
implement Section 34;
Rule 34.2 The Department, through BFAR, shall develop and implement capability building for municipal and small scale
commercial fishers which shall include those covered by the rules under Section 24.
SEC. 35. Incentives for Commercial Fishers to Fish Further into the Exclusive Economic Zone (EEZ). - In order to encourage
fishing vessel operators to fish farther in the 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). Such incentives shall be granted subject to exhaustive evaluation of resource and exploitation conditions in the specified
areas of fishing operations. The incentive shall include, but not be limited to:
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, the period of exemption
and guidelines shall be fixed by the Department within ninety (90) days from effectivity of this Code.
c. commercial fishing operator of Philippine registry engaged in fisheries in the high seas shall be entitled to duty and tax
rebates on fuel consumption for commercial fisheries operations. Guidelines shall be promulgated within ninety (90)
days from the effectivity of this Code by the Department; 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.
Rule 35.1 The Department, through BFAR, shall create within one (1) month from the effectivity of this IRR, an
Inter-Agency/Sectoral Committee which includes the private sector to formulate guidelines to implement Section 35.
SEC. 36. Complement of Fishing Vessels. - Every commercial fishing vessel of Philippine registry when actually operated, shall
be manned in accordance with the requirements of the Philippine Merchant Marine rules and regulations.
SEC. 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provided with adequate medical supplies and
life-saving devices to be determined by the Occupational Safety and Health Center: Provided, That a fishing vessel of twenty
(20) GT or more shall have as a member of its crew a person qualified as a first aider duly certified by the Philippine National
Red Cross.
SEC. 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record of fish catch and spoilage, landing
points, and quantity and value of fish caught, and off-loaded for transshipment, sale and/or other disposal. Detailed
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information shall be duly certified by the vessel’s captain and transmitted monthly to the officer or representative of the
Department, at the nearest designated landing point.
Rule 38.1 Reports. – Each commercial fishing vessel shall provide the Department, through BFAR, the following reports duly
certified by the vessel’s Captain and transmitted monthly using prescribed logsheet form: (i) a record of daily fish catch by
fishing trip and fishing area, such fishing area defined by specific measurement of latitude and longitude positions; (ii) daily
record of quantity and value of fish catch, spoilage, landing points, transshipment and/or other means of disposal.
SEC. 39. Report of Meteorological and Other Data. - All vessels and crafts passing navigational lanes or engaged in fisheries
activity shall be required to contribute to meteorological and other data, and shall assist the Department in documentation or
reporting of information vital to navigation and the fishing industry.
SEC. 40. Color Code and Radio Frequency. - For administrative efficiency and enforcement of regulations, registered fishing
vessels shall bear a color code as may be determined by the Department and may be assigned a radio frequency specific and
distinct to its area of operation.
The Department through BFAR, shall:
Rule 40.1 Implementation of Color Code Licensing System. – Require that the licensing of commercial fishing vessels will be for
specific or several fishing areas;
Rule 40.2 Demarcation of Fishing Areas. – Demarcate the Philippine waters into distinct fishing areas, in coordination with
NAMRIA, produce a map of the Philippine waters, each fishing area being designated with a code number;
Rule 40.3 Color Coding System. – Design color coding system for fishing areas for commercial fishing vessels;
Rule 40.4 Regulation. – Issue the appropriate FAO for such color code licensing system within two (2) years from the effectivity
of this IRR;
Rule 40.5 Assignment of Radio Frequency. – Coordinate with the National Telecommunication Commission (NTC) on the
assignment of radio frequencies for the area of operation of the fishing vessels.
SEC. 41. Passage. - Commercial and other passage not in the regular conduct of fisheries activity shall be made at designated
navigational lanes.
SEC. 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and sea facilities available in the Philippines to
transport fishery products which are caught outside Philippine territorial waters to its final destination shall call only at duly
designated government-owned or controlled regional fishport complexes after securing clearance from the Department.
The Department through BFAR, shall:
Rule 42.1 Guidelines. – Formulate, in cooperation with PFDA, guidelines on transshipment;
Rule 42.2 Transshipment Points. – Designate, in cooperation with PFDA, the regional fishport complexes as authorized
transshipment points;
SEC. 43. Operation of Radio Communication Facilities on Board Fishing Vessels. - The Department shall promulgate guidelines
in the operation of radio communication facilities on board fishing vessels and the assignment of radio frequencies specific and
distinct to area of operation in coordination with the National Telecommunications Commission.
Rule 43.1 Regulation. – The Department, through BFAR, in cooperation with NTC, shall issue, within one (1) year from the
effectivity of this IRR, the appropriate FAO on the qualifications of the Fishing Vessel Radio Operators.
SEC. 44. Use of Superlight. - The number and wattage of superlights used in commercial fishing vessels shall be regulated by
the Department: Provided, That the use of superlights is banned within municipal waters and bays.
The Department through BFAR, shall:
Rule 44.1 Regulations. – Conduct studies to determine superlights to be regulated and issue corresponding FAO, within one (1)
year from the effectivity of this IRR on the total wattage and lumens which shall be allowed according to tonnage size of a
commercial fishing vessel.
ARTICLE III
AQUACULTURE
SEC. 45. Disposition of Public Lands for Fishery Purpose. - Public lands such as tidal swamps, mangroves, marshes, foreshore
lands and ponds suitable for fishery operations shall not be disposed or alienated. Upon effectivity of this Code, FLA may be
issued for public lands that may be declared available for fishpond development primarily to qualified fisherfolk
cooperative/associations: Provided, however, That upon the expiration of existing FLAs the current lessees shall be given
priority and be entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas. Thereafter,
such FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as
well as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, That the Department shall
declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary,
conservation, and ecological purposes: Provided , finally, that two (2) years after the approval of this Act, no fish pens or fish
cages or fish traps shall be allowed in lakes.
The Department through BFAR, shall:
Rule 45.1 Declaration of Reserved Areas.– Determine, in coordination with DENR, within six (6) months from the effectivity of
this IRR, areas or portions of available public lands certified as suitable for fishpond purposes to be declared as reservation, fish
sanctuary or for conservation, and ecological purposes;
Rule 45.2 Preference in the Issuance of New FLAs – Give preference to qualified fisherfolk cooperatives/associations in the
issuance of new FLAs covering public lands declared available for fishpond development;
Rule 45.3 Preference in the issuance of Expired FLAs. – Give preference primarily to qualified fisherfolk
cooperatives/associations as well as small and medium enterprise in the awarding of expired FLAs;
Rule 45.4 Regulation. – Issue the FAO, within one (1) year from the effectivity of this IRR on the criteria for the selection of
qualified applicants for new and expired FLAs.
SEC. 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk organizations/cooperatives shall be subject to
the following conditions:
a. Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250 hectares for corporations
or fisherfolk organizations;
b. The lease shall be for a period of twenty-five (25) years and renewable for another twenty-five (25) years: Provided,
That in case of the death of the lessee, his spouse and/or children, as his heirs, shall have preemptive rights to the
44
unexpired term of his Fishpond Lease Agreement subject to the same terms and conditions provided herein provided
that the said heirs are qualified;
c. Lease rates for fishpond areas shall be determined by the Department: Provided, That all fees collected shall be
remitted to the National Fisheries Research and Development Institute and other qualified research institutions to be
used for aquaculture research development;
d. The area leased shall be developed and producing on a commercial scale within three (3) years from the approval of the
lease contract: Provided, however, That all areas not fully producing within five (5) years from the date of approval of
the lease contract shall automatically revert to the public domain for reforestation;
e. The fishpond shall not be subleased, in whole or in part, and failure to comply with this provision shall mean
cancellation of FLA;
f. The transfer or assignment of rights to FLA shall be allowed only upon prior written approval of the Department;
g. The lessee shall undertake reforestation for river banks, bays, streams and seashore fronting the dike of his fishpond
subject to the rules and regulations to be promulgated thereon; and
h. The lessee shall provide facilities that will minimize environmental pollution, i.e., settling ponds, reservoirs, etc:
Provided, That failure to comply with this provision shall mean cancellation of FLA.
 
The Department through BFAR, shall:
Rule 46.1 Lease Rate. – Issue the FAO, within one (1) year from the effectivity of this IRR, the guidelines prescribing fishpond
lease rates and other regulations to implement this Section;
Rule 46.2 Reforestation. – In coordination with the DENR, issue the guidelines within one (1) year from the effectivity of this
IRR, on the reforestation of river banks, bays, streams and seashores fronting the dike of the fishpond area covered by the FLA.
SEC. 47. Code of Practice for Aquaculture. - The Department shall establish a code of practice for aquaculture that will outline
general principles and guidelines for environmentally-sound design and operation to promote the sustainable development of
the industry. Such Code shall be developed through a consultative process with the DENR, the fishworkers, FLA holders,
fishpond owners, fisherfolk cooperatives, small-scale operators, research institutions and the academe, and other potential
stakeholders. The Department may consult with specialized international organizations in the formulation of the code of
practice.
Rule 47.1 Drafting of the Code of Practice for Aquaculture. – The Department through BFAR, shall work closely with DENR,
Southeast Asian Fisheries Development Center/Aquaculture Department (SEAFDEC/AQD), International Center for Living and
Aquatic Resources Management (ICLARM), other concerned agencies, private sector and FARMCs in drafting the Code of
Practice for Aquaculture, to be completed within one (1) year from the effectivity of this IRR, in consonance with the Code of
Conduct for Responsible Fisheries
SEC. 48. Incentives and Disincentives for Sustainable Aquaculture Practices. - The Department shall formulate incentives and
disincentives, such as, but not limited to, effluent charges, user fees and negotiable permits, to encourage compliance with the
environmental standards and to promote sustainable management practices.
Rule 48.1 Incentive/Disincentive System. – The Department, through BFAR, shall establish, in coordination with the DENR,
within one (1) year from the effectivity of this IRR, disincentive system including but not limited to fines and penalties for
pollutants and effluents traceable to the government leased and privately owned fishponds and incentives or awards for
compliance with environmental regulation.
SEC. 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. - The DENR, in coordination with the
Department , LGUs, other concerned agencies and FARMCs shall determine which abandoned, undeveloped or underutilized
fishponds covered by FLAs can be reverted to their original mangrove state and after having made such determination shall
take all steps necessary to restore such areas in their original mangrove state.
Rule 49.1 Joint Guidelines. – The Department, through BFAR and the DENR, shall be guided in the implementation of this
Section by the Joint DA-DENR General Memorandum Order No. 3, Series of 1991, which shall be reviewed and revised
accordingly within six (6) months from the effectivity of this IRR;
Rule 49.2 Identification of Abandoned, Undeveloped, Underutilized Fishponds. - The Department, through BFAR, shall
establish, in coordination with the DENR, within one (1) year from the effectivity of this IRR, review and update fishpond surveys
and identify abandoned, undeveloped or underutilized fishpond which, after due process, can be given to qualified persons or
reverted to forest lands.
SEC. 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond lease agreements who have acquired citizenship
in another country during the existence of the FLA shall have their lease automatically cancelled and the improvements
thereon to be forfeited in favor of the government and disposed of in accordance with rules and regulations promulgated
thereon.
Rule 50.1 Proof of Citizenship. - The Department, through BFAR, shall through the appropriate FAO, require all fishpond lease
holders to submit proof of citizenship.
SEC. 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the Culture of Fish and Other Fishery
Products. - Fish pens, fish cages, fish traps and other structures for the culture of fish and other fishery products shall be
constructed and shall operate only within established zones duly designated by LGUs in consultation with the FARMCs
concerned consistent with national fisheries policies after the corresponding licenses thereof have been secured. The area to
be utilized for this purpose for individual person shall be determined by the LGUs in consultation with the concerned
FARMC: Provided, however, That not over ten percent (10%) of the suitable water surface area of all lakes and rivers shall be
allotted for aquaculture purposes like fish pens, fish cages and fish traps; and the stocking density and feeding requirement
which shall be controlled and determined by its carrying capacity: Provided further, That fish pens and fish cages located
outside municipal waters shall be constructed and operated only within fish pen and fish cage belts designated by the
Department and after corresponding licenses therefore have been secured and the fees thereof paid.
Rule 51.1 Carrying Capacity of Lakes. – The Department, through BFAR, in coordination with relevant research centers, shall
determine within one (1) year from the effectivity of this IRR, the carrying capacity of lakes and inland waters, such information
to provide the LGUs with information on suitable water surface area for aquaculture purposes.
SEC. 52. Pearl Farm Leases. - The foregoing provisions not withstanding, existing pearl farm leases shall be respected and
allowed to operate under the terms thereof. New leases may be granted to qualified persons who possess the necessary
capital and technology, by the LGUs having jurisdiction over the area.
Rule 52.1 Inventory. – The Department through BFAR, shall conduct an inventory of all existing pearl farms;
Rule 52.2 Regulation. – The Department through BFAR, shall prepare a model municipal fisheries ordinance which the LGUs
may adopt as basis for their issuance of permits for the operation of pearl farms.
45
SEC. 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar Structures. - No new concessions,
licenses, permits, leases and similar privileges for the establishment or operation of fish pens, fish cages. fish corrals/traps and
other similar structures in municipal areas shall be granted except to municipal fisherfolk and their organizations.
SEC. 54. Insurance for Fishponds, Fish Cages, and Fish Pens, Inland fishponds, fish cages and fish pens shall be covered under
the insurance program of the Philippine Crop Insurance Corporation for losses caused by force majeure and fortuitous events.
Rule 54.1 Guidelines. – The Department through BFAR, shall coordinate with the Philippine Crop Insurance Corporation (PCIC)
on the formulation of the guidelines to implement this Section;
Rule 54.2 Coverage. – The PCIC shall include fishpens, fish cages, seaweed farms and other aquaculture projects and non-
agricultural assets such as ice plants, cold storage and other post harvest facilities as eligible for insurance coverage.
SEC. 55. Non-Obstruction to Navigation. - Nothing in the foregoing sections shall be construed as permitting the lessee,
licensee, or permittee to undertake any construction which will obstruct the free navigation in any stream, river, lakes or bays
flowing through or adjoining the fish pens, fish cages, fish traps, and fishponds, or impede the flow of the tide to and from the
area. Any construction made in violation hereof shall be removed upon the order of the Department in coordination with the
other government agencies concerned at the expense of the lessee, or occupants thereof, whenever applicable. The
Department shall within thirty (30) days after the effectivity of this Code formulate and implement rules and regulations for the
immediate dismantling of existing obstruction to navigation.
Rule 55.1 Regulation. – The Department through BFAR, in consultation with LGUs and/or other agencies and FARMCs
concerned, shall issue within one (1) year from the effecftivity of this IRR, appropriate FAO to implement this Section.
SEC. 56. Non-0bstruction to Defined Migration Paths. - Nothing in the foregoing sections shall be construed as permitting the
lessee, permittee, or licensee to undertake any construction which will obstruct any defined migration path of migratory fish
species such as river mouths and estuaries within a distance determined by the concerned LGUs in consultation with and upon
the recommendation of the FARMCs.
Rule 56.1 Regulation. – The Department through BFAR, in consultation with FARMCs shall issue within one (1) year from the
effectivity of this IRR, the appropriate FAO to implement this Section.
SEC. 57. Registration of Fish Hatcheries and Private Fishponds, etc. - All fish hatcheries, fish breeding facilities and private
fishponds must be registered with the LGUs which shall prescribe minimum standards for such facilities in consultation with
the Department: Provided, That the Department shall conduct a yearly inventory of all fishponds, fish pens and fish cages
whether in public or private lands: Provided, further That all fishpond, fish pen and fish cage operators shall annually report to
the Department the type of species and volume of production in areas devoted to aquaculture.
Rule 57.1 Regulation. – The Department through BFAR, shall issue the appropriate FAO within one (1) year from the effectivity
of this IRR, to implement this Section.
ARTICLE IV
POST-HARVEST FACILITIES, ACTIVITIES AND TRADES
 
SEC. 58. Comprehensive Post-harvest and Ancillary Industries Plan. - The Department shall conduct a regular study of fisheries
post-harvest operations and ancillary industries, in the formulation of a comprehensive plan for post-harvest and ancillary
industries. It shall take into account, among others, the following:
a. detailed and clear guidelines on the distribution, construction, maintenance and use of post-harvest infrastructure
facilities;
b. extension of credit and incentives for post-harvest operations;
c. promotion and strengthening of semi-processing, processing and handling;
d. development of domestic fishmeal industry;
e. development of fisheries ship-building and repair as a viable industry;
f. development and strengthening of marketing facilities and activities, including the pricing system, with emphasis on
collective marketing and the elimination of middlemen;
g. increased participation of cooperatives and non-governmental organizations in post-harvest operations and ancillary
industries;
h. integration of fisheries post-harvest operations into the national fisheries plan.
Rule 58.1 Plan. – The Department through BFAR and PFDA and in consultation with other concerned agencies and the private
sector, shall within two (2) years from the effectivity of this IRR, prepare and complete of this IRR, prepare and complete the
Comprehensive Post Harvest and Ancillary Industries Plan.
SEC. 59. Establishment of Post-Harvest Facilities for Fishing Communities.  - The LGUs shall coordinate with the private sector
and other concerned agencies and FARMCs in the establishment of post-harvest facilities for fishing landing sites, fish ports, ice
plants and cold storage and other fish processing establishments to serve primarily the needs of municipal fisherfolk: Provided,
That such post-harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary Industries Plan.
Rule 59.1 Guidelines. – The Department through BFAR, shall prepare within six (6) months from the effectivity of this IRR, the
guidelines to implement this Section.
SEC. 60. Registration and Licensing of all Post-Harvest Facilities. - All post-harvest facilities such as fish processing plants, ice
plants, and cold storages, fish ports/landings and other fishery business establishments must register with and be licensed by
the LGUs which shall prescribe minimum standards for such facilities in consultation with the Department.
Rule 60.1 Standards. – The Department through BFAR and PFDA, shall establish the minimum operating standards for post
harvest facilities in accordance with Hazard Analysis Critical Control Points (HACCP);
Rule 60.2 Guidelines. – The Department through BFAR, shall coordinate with LGUs in the implementation of these standards in
licensing and registration of fish processing plants, ice plants and cold storages, fish ports/landings and other fishery business
establishments.
SEC. 61. Importation and Exportation of Fishery Products. -
a. Export of fishery products shall be regulated whenever such exportation affects domestic food security and production:
Provided, that the 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
46
fry of bangus, prawn and other endemic species, as may be determined by the Department, 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, in
consultation with the FARMC, and all the requirements of this Code, as well as all existing rules and regulations 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 this Code; and
d. No person, shall import and/or export fishery products of whatever size, stage or form for any purpose without securing a
permit from the Department.
The Department in consultation with the FARMC shall promulgate rules and regulations on importation and exportation of fish
and fishery/aquatic resources with the Government’s export/import simplification procedures.
The Department through BFAR, shall:
Rule 61.1 Regulations on Importation and Exportation – Issue within three (3) months from the effectivity of this IRR, the
appropriate FAO on the guidelines on exportation and importation of fish and fishery products;
Rule 61.2 Regulations on Exportation of Spawners, Breeders, Eggs and Fry. – Issue within three (3) months from the effectivity
of this IRR, the appropriate FAO on the exportation of certain spawners, breeders, eggs, fry of bangus, prawn and other
endemic species.
SEC. 62. Instruments of Weights and Measures, and Quality Grades/Standards. - Standards for weights, volume and other
measurements for all fishery transactions shall be set by the Department.
All fish and fishery products for export, import and domestic consumption shall meet the quality grades/standards as
determined by the Department.
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful possession or use of
instrument of weights and measures.
Rule 62.1 Standards. – The Department through BFAR, in coordination with other concerned agencies, shall establish, within
two (2) years from the implementation of this IRR, quality grades and standards for fishery products in consonance with
international standards.
 
CHAPTER III
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES
AND CREATION OF FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
ARTICLE I
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES
SEC. 63. Creation of the Position of Undersecretary for Fisheries and Aquatic Resources. - There is hereby created in the
Department of Agriculture the position of Undersecretary for Fisheries and Aquatic Resources, solely for the purpose of
attending to the needs of the fishing industry, to be appointed by the President. Such Undersecretary shall have the following i. coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGUs, FARMCs, and fishery
functions : organizations/cooperatives;

a. set policies and formulate standards for the effective, efficient and economical operations of the fishing industry in j. advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markets and fish
accordance with the programs of the government; landing areas;

b. exercise overall supervision over all functions and activities of all offices and instruments and other offices related to k. establish a corps of specialists in collaboration with the Department of National Defense, Department of Interior and Local
fisheries including its officers; Government, Department of Foreign Affairs for the efficient monitoring, control and surveillance of fishing activities
within Philippine territorial waters and provide the necessary facilities, equipment and training therefor;
c. establish , with the assistance of the director, such regional, provincial and other fishery offices as may be necessary and
appropriate and organize the internal structure of BFAR in such manner as is necessary for the efficient and effective l. implement an inspection system for import and export of fishery/aquatic products and fish processing establishments
attainment of its objectives and purposes; and consistent with international standards to ensure product quality and safety;

d. perform such other functions as maybe necessary or proper to attain the objectives of this Code.
Rule 63.1 Undersecretary for Fisheries and Aquatic Resources. – The position of the Undersecretary for Fisheries and Aquatic
Resources in the Department is hereby created solely for the purpose of attending to the needs of the fishing industry.
SEC. 64. Reconstitution of the BFAR. - The Bureau of Fisheries and Aquatic Resources (BFAR) is hereby reconstituted as a line
bureau under the Department of Agriculture.
m. 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;
n. 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 in consultation with the
NFARMC, LGUs and local FARMCs;

Rule 64.1 Reconstitution of the Bureau. – The BFAR is hereby reconstituted as a line bureau under the Department. Its o. develop value-added fishery-products for domestic consumption and export;
organizational structure shall consist of a head office, regional fisheries offices, provincial fisheries offices and where and when
necessary municipal fisheries offices. p. recommend measures for the protection/enhancement of the fishery industries;
SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources. - As a line bureau, the BFAR shall have the following q. assist the LGUs in developing their technical capability in the development, management, regulation, conservation and
functions; protection of the fishery resources;
a. prepare and implement a Comprehensive National Fisheries Industry Development Plan;
r. formulate rules and regulations for the conservation and management of straddling fish stocks and highly migratory fish
stocks; and
b. issue licenses for the operation of commercial fishing vessels;
s. perform such other related functions which shall promote the development, conservation, management, protection and
c. issue identification cards free of charge to fishworkers engaged in commercial fishing;
utilization of fisheries and aquatic resources.
d. monitor and review joint fishing agreements between Filipino citizens and foreigners who conduct fishing activities in
SEC. 66. Composition of BFAR. - As a line bureau, the BFAR shall be headed by a Director and assisted by two (2) Assistant
international waters, and ensure that such agreements are not contrary to Philippine commitment under international
Directors who shall supervise the administrative and technical services of the bureau respectively. It shall establish regional,
treaties and convention on fishing in the high seas;
provincial and municipal offices as may be appropriate and necessary to carry out effectively and efficiently the provisions of
this Code.
e. formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not limited to,
seafarming, sea ranching, tropical/ornamental fish and seaweed culture, aimed at increasing resource productivity,
Rule 66.1 Composition of BFAR. – The BFAR, in consultation/coordination with other agencies and private sectors, within three
improving resource use efficiency, and ensuring the long-term sustainability of the country’s fishery and aquatic
(3) months from the effectivity of this IRR, shall establish the appropriate organizational structure to carry out its functions as
resources;
mandated in this Code, and to provide services including but not limited to investment financing, information, regulation,
f. establish and maintain a Comprehensive Fishery Information System; fisheries management, fish production, post harvest and market development, training and extension, policy and planning,
international relations;
g. provide extensive development support services in all aspect of fisheries production, processing and marketing;
Rule 66.2 Organizational Structure. – The BFAR shall be headed by a Director and assisted by an Assistant Director for
h. provide advisory services and technical assistance on the improvement of quality of fish from the time it is caught (i.e. on Administrative Services and an Assistant Director for Technical Services. BFAR shall have the following divisions: Legal Division,
board fishing vessel, at landing areas, fish markets, to the processing plants and to the distribution and marketing chain); Administrative Division, Finance Division, Fisheries Resources Management Division, Fisheries Policy and Economics Division,
Fisheries Resources Evaluation and Environment Services Division, Fisheries Regulatory and Quarantine Division, Fishing
Technology Division, Fisheries Post Harvest Technology Division, Inland Fisheries and Aquaculture Division and Fisheries
47
Industry Development Support Division. The BFAR shall also have fisheries technology centers, such as but not limited to:
National Brackishwater Fisheries Technology Center, National Freshwater Fisheries Technology Center, National Inland
Fisheries Technology Center, National Marine Fisheries Development Center, National Integrated Fisheries Technology and
Development Center, National Seaweeds Technology and Development Center, Fisheries Biological Center and Mindanao
Freshwater Fisheries Technology Center;
Rule 66.3 Regional Fisheries Office. – BFAR shall establish Regional Fisheries Office (RFO) in each administrative region which
shall be headed by a Fisheries Regional Director and an Assistant Fisheries Regional Director. The RFO shall have functions such
as but not limited to extension and training, regulations and monitoring, control and surveillance;
Rule 66.4 Provincial and Municipal Fisheries Office. – BFAR shall establish provincial offices and municipal offices, as may be
appropriate and necessary;
Rule 66.5 Transfer of Assets. – The DA Secretary shall issue an Administrative Order specifying those assets, resources and
personnel which shall form the interim Regional Fisheries Offices to take effect not later than July 1, 1998;
Rule 66.6 Assistant Regional Director. – The Assistant Regional Director for Fisheries holding the position of Director III shall
automatically be appointed as the Regional Fisheries Office Director;
Rule 66.7 Regional Fishermen Training Center. – The DA Secretary shall transfer to BFAR all Regional Fishermen Training
Center.
SEC. 67. Fisheries Inspection and Quarantine Service. - For purposes of monitoring and regulating the importation and
exportation of fish and fishery/aquatic resources , the Fisheries Inspection and Quarantine Service in the BFAR is hereby
strengthened and shall have the following functions:
a. conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of
the country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or
diseases shall be confiscated and disposed of in accordance with environmental standards and practices;
b. implement international agreements/commitments on bio-safety and bio-diversity as well as prevent the movement or
trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the country;
c. quarantine such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases
and prevent the movement or trade from and/or into the country of these products so prohibited or regulated under
existing laws, rules and regulations as well as international agreements of which the Philippines is a State Party;
d. examine all fish and fishery products coming into or going out of the country which may be a source or medium of fish
pests or diseases and/or regulated by existing fishery regulations and ensure that the quality of fish import and export
meet international standards; and
e. document and authorize the movement or trade of fish and fishery products when found free of fish pests or diseases and
collect necessary fees prescribed by law and regulations.
The Department, through BFAR, in coordination with concerned agencies and private sector, shall:
Rule 67.1 Safety and Quality Standards. – Establish and enforce safety and quality standards on aquatic organisms and fishery
products for domestic consumption and international trade, consistent with the international trade agreements such as but not
limited to: World Trade Organization-General Agreement on Tariff and Trade (WTO-GATT), Sanitary and Phyto-Sanitary (SPS)
measures, World Health Organization (WHO) and Food and Agriculture Organization (FAO) Codex Alimentarius Commission;
48
Rule 67.2 Laboratories. – Establish fisheries laboratories for surveillance, inspection and fish disease diagnosis during handling,
transport, manufacturing and storage including but not limited to processing facilities, fish port and landing areas and markets;
Rule 67.3 Fish Inspection. – Establish and implement a HACCP-based fish inspection to include export and import certification
system in accordance with established international standards and requirement;
Rule 67.4 Laboratory Fees. – Issue, within three (3) months from the effectivity of this IRR, the appropriate FAO on the
collection of charges and fees for laboratory examination of fish and fishery products;
Rule 67.5 Transport and Movement of Living Aquatic Organisms. – Formulate and implement guidelines for the transport and
movement of living aquatic organisms consistent with the National Aquatic Animal Health Code and international agreements
with Office International des Epizootics (OIE), International Council for Exploration of the Sea (ICES) and European Inland
Fisheries Advisory Commission (EIFAC);
Rule 67.6 Quarantine and Inspection. – Establish a Quarantine and Inspection Unit in international and domestic airports and
seaports to implement fishery laws, rules and regulations on the transport, movement and trade of fish and fishery products.
ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs)
 
SEC. 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. - Fisherfolk and their organizations
residing within the geographical jurisdiction of the barangays, municipalities or cities with the concerned LGUs shall develop
the fishery/aquatic resources in municipal waters and bays.
SEC. 69. Creation of Fisheries and Aquatic Resources Management Councils (FARMCs).  - FARMCs shall be established in the
national level and in all municipalities/cities abutting municipal waters as defined by this code. The FARMCs shall be formed by
fisherfolk organizations/cooperatives and NGOs in the locality and be assisted by the LGUs and other government entities.
Before organizing FARMCs, the LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation and orientation on
the formation of FARMCs.
Rule 69.1 Creation of FARMCs. – The Secretary shall create within three (3) months from the effectivity of this IRR, an Inter-
Sectoral Committee to formulate the organizational guidelines on the formation of FARMCs.
SEC. 70. Creation and Composition of the National Fisheries and Aquatic Resources Management Council (NFARMC). - There is
hereby created a National Fisheries and Aquatic Resources management Council hereinafter referred to as NFARMC as an
advisory/recommendatory body to the Department. The NFARMC shall be composed of fifteen (15) members consisting of:
a. the Undersecretary of Agriculture, as Chairman;
b. the Undersecretary of the Interior and Local Government;
c. five (5) members representing the fisherfolk and fishworkers;
d. five (5) members representing commercial fishing and aquaculture operators and the processing sectors;
e. two (2) members from the academe; and
f. one (1) representative of NGOs involved in fisheries.
The members of the NFARMC, except for the Undersecretary of Agriculture and Undersecretary of the Interior and Local
Government, shall be appointed by the President upon the nomination of their respective organizations.
f. representative from the Department of Agriculture; and
Rule 70.1 Interim NFARMC. – The Secretary shall issue an Administrative Order, within three (3) months from the effectivity of
this IRR, designating interim members of the NFARMC which shall prepare and complete the guidelines for the formation of the g. at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk, one (1) fishworker and three (3) commercial
NFARMC. fishers) in each municipality/city which include representative from youth and women sector.

SEC. 71. Terms of Office. - The members of NFARMC, except the Undersecretary of Agriculture and the Undersecretary of the The Council shall adopt rules and regulations necessary to govern its proceedings and election.
Interior and Local Government, shall serve for a term of three (3) years without reappointment.
SEC. 76. The Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs). - The IFARMCs shall be created in
SEC. 72. Functions of the NFARMC. - The NFARMC shall have the following functions; bays, gulf , lakes, and rivers and dams bounded by two (2) or more municipalities/cities.

a. assist in the formulation of national policies for the protection, sustainable development and management of fishery and SEC. 77. Functions of the IFARMCs. - The IFARMC shall have the following functions:
aquatic resources for the approval of the Secretary;
a. assist in the preparation of the Integrated Fishery Development Plan and submit such plan to the concerned Municipal
b. assist the Department in the preparation of the National Fisheries and Industry Development Plan; and Development Councils;

c. perform such other functions as may be provided by law. b. recommend the enactment of integrated fishery ordinances to the concerned sangguniang bayan/panlungsod through its
Committee of Fisheries, if such has been organized;
SEC. 73. The Municipal/City Fisheries and Aquatic Resources Management Councils (M/CFARMCs).  - The M/CFARMCs shall be
created in each of the municipalities and cities abutting municipal waters. However, the LGU may create the Barangay Fisheries c. assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters;
and Aquatic Resources Management Councils (BFARMCs) and the Lakewide Fisheries and Aquatic Resources Management
Councils (LFARMCs) whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory capacity to the LGUs. d. advice the concerned sangguniang bayan/panlungsod on fishery matters through its Committee on Fisheries, if such has
been organized; and
SEC. 74.Functions of the M/CFARMCs. - The M/CFARMCs shall exercise the following functions:
e. perform such other functions which may be assigned by the concerned sangguniang bayan/panlungsod.
a. assist in the preparation of the Municipal Fishery Development Plan and submit such plan to the Municipal Development
Council; SEC. 78. Composition of the IFARMCs. - The regular members of the IFARMCs shall be composed of the following:

b. recommend the enactment of municipal fishery ordinances to the sangguniang bayan/sangguniang panlungsod through a. the chairperson of the Committee on Agriculture/Fisheries of the concerned sangguniang bayan/panlungsod;
its Committee on Fisheries;
b. the Municipal/City Fisheries Officers of the concerned municipalities/cities;
c. assist in the enforcement of fishery laws, rules and regulations in municipal waters;
c. the Municipal/City Development Officers of the concerned municipalities/cities;
d. advise the sangguniang bayan/panlungsod on fishery matters through it its Committee on Fisheries, if such has been
organized; and d. one (1) representative from NGO;

e. perform such other functions which may be assigned by the sangguniang bayan/panlungsod. e. one (1) representative from private sector; and

f. at least nine (9) representatives from the fisherfolk sector which include representatives from the youth and women
SEC. 75. Composition of the M/CFARMC. - The regular member of the M/CFARMCs shall be composed of : sector.

a. Municipal/City Planning Development Officer; The Council shall adopt rules and regulations necessary to govern its proceedings and election.

b. Chairperson, Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod SEC. 79. Source of Funds of the FARMCs. - A separate fund for the NFARMC, IFARMCs and M/CFARMCs shall be established and
administered by the Department from the regular annual budgetary appropriations.
c. representative of the Municipal/City Development Councils;
CHAPTER IV
d. representative from the accredited non-government organization;
FISHERIES RESERVES, REFUGE AND SANCTUARIES
e. representative from the private sector;

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SEC. 80. Fishing Areas/Reserves for Exclusive Use of Government.- The Department may designate area or areas in Philippine
waters beyond fifteen (15) kilometers from shoreline as fishery reservation for the exclusive use of the government or any of
its political subdivisions, agencies or instrumentalities, for propagation, educational, research and scientific purposes: Provided, d. PCAMRD Director General - Member
That in municipalities or cities, the concerned LGUs in consultation with the FARMCs may recommend to the Department that
portion of the municipal waters be declared as fishery reserves for special or limited use, for educational, research, and/or e. Representative from the academe - Member
special management purposes. The FARMCs may recommend to the Department portions of the municipal waters which can
be declared as fisheries reserves for special or limited use for educational, research and special management purposes. f. four (4) representatives from the private sector who shall come from the following subsectors - Members

Rule 80.1 Regulations. – The Department, through BFAR, shall issue the appropriate FAO, through a participatory process with
other agencies concerned designating fishery reservations for the exclusive use of the government or any of its political
subdivisions, agencies or instrumentalities, for propagation, educational, research and scientific purposes.
SEC. 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge and sanctuaries to be administered in the
manner to be prescribed by the BFAR at least twenty-five percent (25%) but not more than forty percent (40%) of bays,
foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the
habitat and the spawning grounds of fish. Within these areas no commercial fishing shall be allowed. All marine fishery
reserves, fish sanctuaries and mangrove swamp reservations already declared or proclaimed by the President or legislated by
the Congress of the Philippines shall be continuously administered and supervised by the concerned agency: Provided,
however, That in municipal waters, the concerned LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries: The FARMCs may also recommend fishery refuge and sanctuaries: Provided. further, That at least fifteen percent
(15%) where applicable of the total coastal areas in each municipality shall be identified, based on the best available scientific
data and in consultation with the Department, and automatically designated as fish sanctuaries by the LGUs in consultation
with the concerned FARMCs.
Rule 81.1 Regulations. – The Department, through BFAR, shall within six (6) months from the effectivity of this IRR, call for a
participatory process to formulate the policy on prohibitions of fisheries activities including industrial and economic activities in
areas declared as fish refuge and sanctuaries and shall issue the appropriate FAO.
CHAPTER V
FISHERIES RESEARCH AND DEVELOPMENT
Municipal Fisherfolk
Commercial Fishing Operator
Aquaculture Operator
Post Harvest/Processors
The NFRDI shall have a separate budget specific to its manpower requirements and operations to ensure the independent and
objective implementation of its research activities.
Rule 82.1 Organizational Structure. – The Secretary shall designate, within one (1) month from the effectivity of this IRR, an
interim Undersecretary for Fisheries, Executive Director of NFRDI and members of the Governing Board to formulate the
organizational structure and policies and guidelines for the operation of NFRDI.
SEC. 83. Qualification Standard - The Institute shall be headed by an Executive Director to be appointed by the President of the
Philippines upon the recommendation of the governing board. The Executive Director shall hold a Doctorate degree in fisheries
and or/other related disciplines. The organizational structure and staffing pattern shall be approved by the
Department: Provided however, That the staffing pattern and remunerations for scientific and technical staff shall be based on
the qualification standards for science and technology personnel.
SEC. 84. Research and Development Objectives - Researches to be done by the NFRDI are expected to result in the following:
a. to raise the income of the fisherfolk and to elevate the Philippines among the top five (5) in the world ranking in the fish
productions;

SEC. 82. Creation of a National Fisheries Research and Development Institute (NFRDI) - In recognition of the important role of b. to make the country’s fishing industry in the high seas competitive;
fisheries research in the development, management, conservation and protection of the country’s fisheries and aquatic
resources, there is hereby created a National Fisheries Research and Development Institute (NFRDI). c. to conduct social research on fisherfolk families for a better understanding of their conditions and needs and;

The Institute shall form part of the National Research and Development Network of the Department of Science and Technology
(DOST).
The Institute, which shall be attached to the Department, shall serve as the primary research arm of the BFAR. The overall
governance of the Institute shall be vested in the Governing Board which shall formulate policy guidelines for its operation. The
plans, programs and operational budget shall be passed by the Board. The Board may create such committees as it may deem
necessary for the proper and effective performance of its functions. The composition of the Governing Board shall be as
follows:
a. Undersecretary for Fisheries - Chairman
d. to coordinate with the fisheries schools, LGUs and private sectors regarding the maximum utilization of available
technology, including the transfer of such technology to the industry particularly the fisherfolk.
SEC. 85. Functions of the NFRDI - As a national institute, the NFRDI shall have the following functions:
a. establish a national infrastructure unit complete with technologically-advanced features and modern scientific equipment,
which shall facilitate, monitor, and implement various research needs and activities of t he fisheries sector;
b. provide a venue for intensive training and development of human resources in the field of fisheries, a repository of all
fisheries researches and scientific information;

b. BFAR Director - Vice Chairman c. provide intensive training and development of human resources in the field of fisheries for the maximum utilization of
available technology;
c. NFRDI Executive Director - Member

50
d. hasten the realization of the economic potential of the fisheries sector by maximizing developmental research efforts in
accordance with the requirements of the national fisheries conservation and development programs, also possibly
through collaborate effort with international institutions; and
e. formally establish, strengthen and expand the network of fisheries-researching communities through effective
communication linkages nationwide.
 
CHAPTER VI
PROHIBITIONS AND PENALTIES
SEC. 86. Unauthorized Fishing or Engaging in other Unauthorized Fisheries Activities. - No person shall exploit, occupy,
produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any
fishery activity in Philippine waters without a license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a prima
facie presumption that the person and/or vessel 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.
It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may
hereinafter be declared as over-exploited.
Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of the above prohibited acts
upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is
higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity
in municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine
of Five hundred pesos (P500.00.00).
Rule 86.1 Leisure or Game Fishing. – The Department, through BFAR in coordination with Department of Tourism (DOT) and
other concerned agencies, shall issue, within one (1) year from effectivity of this IRR, the appropriate FAO for leisure or game
fishing;
SEC. 87. Poaching in Philippine Waters.- It shall be unlawful for any foreign person, corporation or entity to fish or operate any
fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in
fishing in Philippine waters.
Violation of the above shall be punished by a fine of One Hundred Thousand U.S. Dollars (US$100,000.00), in addition to the
confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose an
administrative fine of not less than Fifty Thousand U.S. Dollasr (US$50,000.00) but not more than Two Hundred Thousand U.S.
Dollars (US$200,000.00) or its equivalent in the Philippine Currency.
The Department, through BFAR, shall:
Rule 87.1 Regulation. – Coordinate with CABCOM-MOA Technical Working Group and other law enforcement agencies and
issue the appropriate FAO, within six (6) months from the effectivity of this IRR, on poaching in Philippine waters;
51
Rule 87.2 Reports. – Coordinate with DOTC to require officers of inter-island vessels, skippers and officers of commercial fishing
vessels to report sightings of foreign vessels.
SEC. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity.  -
(1)
It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery
species in Philippine waters with the use of electricity, explosives, noxious or poisonous substances such as sodium
cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species:
Provided, That the Department, subject to such safeguards and conditions deemed necessary and endorsement from the
concerned LGUs may allow, for research, educational or scientific purposes only, the use of electricity, poisonous or
noxious substances to catch, take or gather fish or fishery species: Provide, further, That the use of poisonous or noxious
substances to eradicate predators in fishponds in accordance with accepted scientific practices and without causing
adverse environmental impact in neighboring waters and grounds shall not be construed as illegal fishing.
  It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any
fish or fishery species which have been illegally caught, taken or gathered.
 
The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious
or poisonous substance, or equipment or device for electro-fishing in any fishing vessel or in the possession of any
fisherfolk, operator, fishing boat official or fishworker shall constitute a prima facie evidence, that the same was used for
fishing in violation of this Code. The discovery in any fishing vessel of fish caught or killed with the use of explosive,
noxious or poisonous substances or by electricity shall constitute prima facie evidence that the fisherfolk, operator, boat
official or fishworker is fishing with the use thereof.
(2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be
punishable by imprisonment ranging from six (6) months to two (2) years.
(3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable
by imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases
when the use of the same result to physical injury or loss of human life.
(4) Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished
by imprisonment ranging from six (6) months to two (2) years.
(5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices, as well as the
fishing vessels, fishing equipment and catch shall be forfeited.
Rule 88.1 Regulation on Confiscated Catch, Fishing Vessels, Gears and Paraphernalia. – The Department, through BFAR, shall
issue, within one (1) year from the effectivity of this IRR, the appropriate FAO on the disposition of confiscated catch and
impoundment of fishing vessels, equipment and other fishing paraphernalia.
SEC. 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using nets with mesh smaller than that with which may
be fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply to the gathering of fry,
glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature to be identified in
the implementing rules and regulations by the Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20.000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the
court: Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman
shall also be subject to the penalties herein: Provided, further, That the owner/operator of the commercial fishing vessel who
violates this provision shall be subjected to the same penalties provided herein: Provided, finally, That the Department is
hereby empowered to impose upon the offender an administrative fine and/or cancel his permit or license or both.
The Department, through BFAR, shall:
Rule 89.1 Regulation of Mesh Sizes. – Issue the appropriate FAO, within one (1) year from the effectivity of this IRR on the
allowable mesh size for different gears which may serve as guidelines for LGUs in the implementation of this prohibition in
municipal waters;
Rule 89.2 Determination of Juvenile Fishes. – Issue the appropriate FAO on fishes considered in juvenile stage and penalizing
possession, thereof.
SEC. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. - It shall be unlawful to
engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as
defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(1) The boat captain and master fisherman of the vessels who participated in the violation shall suffer the penalty of
imprisonment from two (2) years to six (6) years;
(2) The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) upon the discretion of the court.
If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation.
If the owner/operator is a partnership the penalty shall be imposed on the managing partner.
(3) The catch shall be confiscated and forfeited.
Rule 90.1 Regulation. - The Department, through BFAR, shall issue, within one (1) year from the effectivity of this IRR, the
appropriate FAO to implement this Section.
SEC. 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful for any person or corporation to gather, possess, sell
or export ordinary precious and semi-precious corals, whether raw or in processed form, except for scientific or research
purposes.
Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years and a fine from Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00), or both such fine and imprisonment, at the discretion of
the court, and forfeiture of the subject corals, including the vessel and its proper disposition.
The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or scientific
purposes or disposed through other means.
Rule 91.1 Regulation. - The Department, through BFAR, shall issue, within one (1) year from the effectivity of this IRR, the
appropriate FAO to implement this Section.
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SEC. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. - It shall be unlawful
for any person, natural or juridical, to fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine
life habitat as may be determined by the Department. “Muro-Ami” and any of its variation, and such similar gear and methods
that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish
and other fishery species are also prohibited.
The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who violate this provision shall suffer a
penalty of two (2) years to ten (10) years imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) or both such fine and imprisonment, at the discretion of the court. The catch
and gear used shall be confiscated.
It shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any other
substances which make up any marine habitat.
The person or corporation who violates this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment and
a fine of not less than One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such
fine and imprisonment, at the discretion of the court. The substance taken from its marine habitat shall be confiscated.
Rule 92.1 Regulations. - The Department, through BFAR, shall issue, within one (1) year from the effectivity of this IRR, the
appropriate FAO to implement this Section.
Rule 92.2 Regulation by LGUs. - The LGUs, shall enact the appropriate Municipal Fisheries Ordinance prohibiting destructive
fishing gears and its variations in accordance with national policies;
Rule 92.3 Regulation. - The LGUs, in consultation with the Bureau of Mines and Geo Sciences shall issue the appropriate
Municipal Fisheries Ordinance prohibiting the gathering, selling, mining, exporting of white sand which include coralline and
coral sand, silica, and pebbles.
SEC. 93. Illegal Use of Superlights. - It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in
violation of the rules and regulations which may be promulgated by the Department on the use of superlights outside
municipal waters.
Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years or a fine of Five thousand
pesos (P5,000.00) per superlight, or both such fine and imprisonment at the discretion of the courts. The superlight, fishing
gears and vessel shall be confiscated.
SEC. 94. Conversion of Mangroves. - It shall be unlawful for any person to convert mangroves into fishponds or for any other
purposes.
Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty thousand pesos (P80,000.00): Provided, That if the area requires rehabilitation or restoration as
determined by the court, the offender should also be required to restore or compensate for the restoration of the damage.
SEC. 95. Fishing in Overfished Area and During Closed Season. - It shall be unlawful to fish in overfished area and during closed
season.
Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years
and/or fine of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or license.
SEC. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to fish in fishery areas declared by the
Department as fishery reserves, refuge and sanctuaries.
Violation of the provision of this section shall be punished by imprisonment of two (2) years to six (6) years and/or fine of Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of
fishing permit or license.
SEC. 97. Fishing or Taking of Rare, Threatened or Endangered Species. - It shall be unlawful to fish or take rare, threatened or
endangered species as listed in the CITES and as determined by the Department.
Violation of the provision of this section shall be punished by imprisonment of twelve (12) years to twenty (20) years and/or a
fine of One hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of fishing
permit.
SEC. 98. Capture of Sabalo and Other Breeders/Spawners. - It shall be unlawful for any person to catch, gather, capture or
possess mature milkfish or “sabalo” and such other breeders or spawners of other fishery species as may be determined by the
Department: Provided, That catching of sabalo and other breeders/spawners for local breeding purposes or scientific or
research purposes may be allowed subject to guidelines to be promulgated by the Department.
Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to eight (8) years
and/or a fine of Eighty Thousand Pesos (P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation of
license.
The Department, through BFAR, shall:
Rule 98.1 Regulation. – Issue, within one (1) year upon effectivity of this IRR, the appropriate FAO on the list of breeders or
spawners of important fishery species to be included in this ban and when necessary, declare a closed season on important
fisheries areas where these spawners are found during known spawning time.
SEC. 99. Exportation of Breeders, Spawners, Eggs or Fry. - Exportation of breeders, spawners, eggs or fry as prohibited in this
Code shall be punished by imprisonment of eight (8) years, confiscation of the same or a fine equivalent to double the value of
the same, and revocation of the fishing and/or export license/permit.
SEC. 100. Importation or Exportation of Fish or Fishery Species. - Any importation or exportation of fish or fisheries species in
violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty Thousand Pesos (P80,000.00) and
destruction of live fishery species or forfeiture of non-live fishery species in favor of the department for its proper disposition:
Provided, That violator of this provision shall be banned from being members or stock holders of companies currently engaged
in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by the Department.
SEC. 101. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in violation of catch ceilings as determined by
the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day
to six (6) years and/or a fine of Fifty Thousand Pesos (P50,000.00) and forfeiture of the catch, and fishing equipment used and
revocation of license.
SEC. 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful.
Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until
such violation ceases and the fines paid.
SEC. 103. Other Violations. - The following fisheries activities shall also be considered as a violation of this Code:
a. Failure to Comply with Minimum Safety Standards. - The owner and captain of a commercial fishing vessel engaged in
fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with the safety standards
53
provided in this Code, shall be immediately prevented from continuing with his fishing activity and escorted to the
nearest port or landing point. The license to operate the commercial fishing vessel shall be suspended until the safety
standard has been complied with.
b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. - The FLA of the holder who fails to render
a yearly report shall be immediately canceled: Provided, That if the offender be the owner of the fishpond, fish pen or
fish cage, he shall be subjected to the following penalties: (1) first offense, a fine of Five hundred pesos (P500.00) per
unreported hectare; (2) subsequent offenses, a fine of One thousand pesos (P1,000.00) per unreported hectare.
c. Gathering and Marketing of Shell Fishes. - It shall be unlawful for any person to take, sell, transfer, or have in possession
for any purpose any shell fish which is sexually mature or below the minimum size or above the maximum quantities
prescribed for the particular species.
d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay. - It shall be unlawful for any person
who causes obstruction to navigation or flow of ebb of tide.
e. Construction and Operation of Fish Corals/Traps, Fish Pens and Fish Cages. - It shall be unlawful to construct and operate
fish corals/traps, fish pens and fish cages without a license/permit.
Subject to the provision of the subparagraph (b) of this section, violation of the above-enumerated prohibited acts shall subject
the offender to a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from
one (1) month and one (1) day to six (6) months, or both such fine and imprisonment, upon the discretion of the
Court: Provided, That the Secretary is hereby empowered to impose upon the offender an administrative fine of not more that
Ten thousand pesos (P10,000.00) or to cancel his permit or license, or to impose such fine and to cancel his permit or license,
in the discretion of the Secretary; Provided, further, That the Secretary, or his duly authorized representative, and law
enforcement agents are hereby empowered to impound with the assistance of the Philippine Coast Guard, PNP-Maritime
Command: Provided, finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and
fishery/aquatic products when such inspection and/or movement is authorized under this Code, shall be subject to a fine of not
more than Ten Thousand Pesos (P10,000.00) or imprisonment of not more that two (2) years, or both such fine and
imprisonment, upon the discretion of the Court.
Every penalty imposed for the commission of an offense shall carry with it the forfeiture of the proceeds of such offense and
the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the
property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be
destroyed.
SEC. 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew.  - The owner/operator
of a commercial fishing vessel employing unlicensed fisherfolk or fishworker shall be fined Five hundred pesos (P500.00) each
for every month that the same has been employed and/or One thousand pesos (P1,000.00) for every month for each
unlicensed crew member who has been employed.
Rule 104.1 Fishworker License. – The validity of the license of the fishworker, shall be three (3) years from the date of issuance,
thereof.
SEC. 105. Obstruction of Defined Migration Paths. - Obstruction of any defined migration paths of anadromous, catadromous
and other migratory species, in areas including, but not limited to river mouths and estuaries within a distance determined by
the concerned FARMCs shall be punished by imprisonment of seven (7) years to twelve (12) years or a fine from Fifty thousand
pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) or both imprisonment and fine at the discretion of the
court, and cancellation of permit/license, if any, and dismantling of obstruction shall be at his own expense and confiscation of
same.
SEC. 106. Obstruction to Fishery Law Enforcement Officer. - The boat owner, master or operator or any person acting on his
behalf of any fishing vessel who evades, obstructs or hinder any fishery law enforcement officer of the Department to perform
his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the registration, permit and/or license of the vessel
including the license of the master fisherman shall be canceled.
Rule 106.1 Regulations. – The Department, through BFAR, shall promulgate the rules to implement this Section consistent with
the Revised Penal Code.
SEC. 107. Promulgation of Administrative Orders. - For purposes of fishery regulation or other fishery adjustments, the
Department in consultation with the LGUs and local FARMCs, shall issue Fishery Administrative Orders or regulations for the
conservation, preservation, management and sustainable development of fishery and aquatic resources.
The Department, through BFAR, shall be guided by the following:
Rule 107.1 Issuance of New FAOs. – The FAOs issued to implement this Code shall include pertinent provisions of related
existing FAOs;
Rule 107.2 Effectivity of Existing FAOs. – Existing FAOs consistent with the provisions of this Code shall remain in force until the
same are amended or repealed;
Rule 107.3 Consultation. – The NFARMC and concerned FARMCs shall be consulted prior to the issuance of FAO;
Rule 107.4 Effectivity. – All FAOs, unless otherwise herein provided, shall take effect fifteen (15) days after their publication in
the Official Gazette and/or in two (2) newspapers of general circulation.
CHAPTER VII
GENERAL PROVISIONS
SEC. 108. Fisherfolk Settlement Areas. - The Department shall establish and create fisherfolk settlement areas in coordination
with concerned agencies of the government, where certain areas of the public domain, specifically near the fishing grounds,
shall be reserved for the settlement of the municipal fisherfolk. Nothing in this section shall be construed to vest ownership of
any resettlement area to a municipal fisherfolk for whom said areas may have been reserved for or had been actually granted
to.
Rule 108.1 Fisherfolk Settlement Areas. – The Department, through BFAR in coordination with Department of Agrarian Reform
(DAR), DILG and other agencies concerned, shall establish a fisherfolk settlement area that shall be seen in the context of an
integrated, holistic and self-reliant community to include alternative source of income.
SEC. 109. Municipal Fisheries Grant Fund. - For the development, management and conservation of the municipal resources,
there is hereby created a Fishery Grant Fund to finance fishery projects of the LGUs primarily for the upliftment of the
municipal fisherfolk. The amount of One hundred million pesos(P100,000,000.00) is hereby appropriated out of the
Department's allocation in the General Appropriations Act (GAA) to support the Grant Fund.
For this purpose, the Department may seek financial assistance from any source and may receive any donations therefore.
The Department, through BFAR, shall:
54
Rule 109.1 Fisheries Grant Fund. – Secure from the General Appropriations Act and other sources the amount of One Hundred
Million Pesos (P100,000,000.00) for the creation of a Municipal Fisheries Grant Fund to finance fisheries projects of the LGUs
primarily for the upliftment of the municipal fisherfolk;
Rule 109.2 Implementing Guidelines for the Fisheries Grant Fund. – The Inter-Agency Credit Committee formed under Rule
34.1 shall formulate the guidelines for the implementation of Municipal Fisheries Grant Fund.
SEC. 110. Fishery Loan and Guarantee Fund. - Pursuant to Section 7, Article XIII of the Constitution, there is hereby created a
Fishery Loan and Guarantee Fund with an initial of One hundred million pesos (P100,000,000.00), which shall be administered
by the Land Bank of the Philippines. The fund shall be made available for lending to qualified borrowers to finance the
development of the fishery industry under a program to be prescribed by the Department
For the same purpose, the Department may seek financial assistance from any source and may receive donation therefrom.
The Department, through BFAR, shall:
Rule 110.1 Fishery Loan and Guarantee Fund. – Secure from the General Appropriations Act and other sources the initial
amount of One Hundred Million pesos (P100,000,000.00) under the projects/programs jointly prescribed by the Department
and Land Bank of the Philippines;
Rule 110.2 Implementing Guidelines. – The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing
guidelines for the Fishery Loan and Guarantee Fund.
SEC. 111. Fishing Vessels Development Fund. - There is hereby created a Fishing Vessels Development Fund to enhance the
building and/or acquisition of fishing vessels. This shall be a long-term loan facility that shall be administered by the
Development Bank of the Philippines. The amount of Two hundred and fifty million pesos (P250,000,000.00) per year for five
(5) years is hereby appropriated out of the Department's allocation in the GAA to support this Development Fund.
The Department, through BFAR, shall:
Rule 111.1 Fishing Vessels Development Fund. – Secure from the General Appropriations Act and other sources the amount of
Two hundred fifty million pesos (P250,000,000.00) annually for the next five years to be placed under the administration of the
Development Bank of the Philippines (DBP) as the fishing vessels development fund which shall be used as a long term loan
facility to enhance the building and/or acquisition of fishing vessels;
Rule 111.2 Implementing Guidelines - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing
guidelines for the Fishing Vessel Development Fund.
SEC. 112. Special Fisheries Science and Approfishtech Fund. - The Department shall provide subsidy for full technical and
financial support to the development of appropriate technology, both in fishery and ancillary industries, that are ecologically
sound, locally source-based and labor intensive, based on the requirement and needs of the FARMCs. An initial amount of One
hundred million pesos (P100,000,000.00) shall be authorized for the purpose of a Special Fisheries Science and Approfishtech
Fund, and thereafter shall be included in the GAA.
SEC. 113. Aquaculture Investment Fund. - An Aquaculture Investment Fund in the minimum amount of Fifty million pesos
(P50,000,000.00) shall be established for soft loans which shall be extended to municipal fisherfolk and their organization who
will engage in aquaculture, and for the development of underdeveloped or underutilized inland fishponds.
The Department, through BFAR, shall:
Rule 113.1 Aquaculture Investment Fund. – Secure from the General Appropriations Act and other sources the minimum
amount of Fifty million pesos (P50,000,000.00) which shall be established as an aquaculture investment fund to be used as soft
loans for municipal fisherfolk and their organization who will engage in aquaculture, and for the development of
underdeveloped or underutilized inland fishponds;
Rule 113.2 Implementing Guidelines - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing
guidelines on the Aquaculture Investment Fund.
SEC. 114. Other Fisheries Financing Facilities. - In addition to fisheries credit guarantee, grant and other similar facilities
granted under this Code, qualified Filipino fisherfolk and fisheries enterprises shall enjoy such other facilities granted them
under existing and/or new laws, specially as to rural credit, with preference being given to fisheries cooperatives.
Rule 114.1 Implementing Guidelines - An Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing
guidelines on Other Fisheries Financing Facilities.
SEC. 115. Professionalization of Fisheries Graduates. - There is hereby created a Fisheries Board of Examiners in the
Professional Regulation Commission to upgrade the Fisheries Profession: Provided, however, That those who have passed the
Civil Service Examination for Fisheries shall automatically be granted eligibility by the Fisheries Board of Examiners: Provided,
further, That they have served the industry in either public or private capacity for not less than five (5) years: Provided, finally,
That the first Board Examination for B.S. Fisheries Graduates shall be conducted within one (1) year from the approval of this
Code.
Rule 115.1 Fisheries Board of Examiners. – The Department, through BFAR, shall coordinate with the Professional Regulation
Commission (PRC) and Civil Service Commission (CSC) and other appropriate agencies on the Creation of Fisheries Board of
Examiners to upgrade the Fisheries Profession.
SEC. 116. Upgrading of the State Fisheries Schools/Colleges. - The Department, in coordination with the Commission on Higher
Education (CHED), Department of Education, Culture and Sports (DECS), and Technical Education and Skills Development
Authority (TESDA), shall upgrade State Fisheries Schools/Colleges which provide both formal and non-formal education :
Provided, however, That the CHED shall incorporate Approfishtech in the curricula of fisheries schools/colleges.
The Department and the CHED shall jointly formulate standards to upgrade all fisheries schools/colleges. Fisheries
schools/colleges that do not meet minimum standards shall be closed.
Rule 116.1 Implementation. – The Department, through BFAR, shall coordinate with the appropriate agencies to implement
this Section.
The Department and the CHED shall jointly formulate standards to upgrade all fisheries schools/colleges. Fisheries
schools/colleges that do not meet minimum standards shall be closed.
SEC. 117. Inclusion of Fisheries Conservation Subjects in School Curriculum. - Fisheries conservation subjects shall be
incorporated in the curricula of elementary and secondary schools both private and public.
Rule 117.1 The Department, through BFAR, shall coordinate with the Department of Education, Culture and Sports (DECS) to
implement this Section.
SEC. 118. Educational Campaign at all levels. - The Department, the CHED, the DECS and the Philippine Information Agency
shall launch and pursue a nationwide educational campaign to:
a. help realize the policies and implement the provisions of this Code;
b. promote the development, management, conservation and proper use of the environment.
55
c. promote the principle of sustainable development; and
d. promote the development of truly Filipino-oriented fishing and ancillary industries.
Rule 118.1 Information Campaign. - The Department, through BFAR, shall launch and sustain an information campaign on
sustainable development, fisheries conservation, management and development;
Rule 118.2 The Department, through BFAR, shall conduct directly or through accredited institutions, seminars on fishery laws,
guidelines on apprehension of illegal fishing and poaching and trainings on value orientation to the PN, PCG, PNP, PNP-
Maritime Command, law enforcement officers of the LGUs and other government enforcement agencies which under Section
124 are authorized to enforce this Code and other fishery laws, rules and regulations.
SEC. 119. Infrastructure Support - The Department in cooperation with concerned agencies shall:
a. prepare and implement a nationwide plan for the development of municipal fishing ports and markets;
b. prioritize the construction of farm-to-market roads linking the fisheries production sites, coastal landing points and other
post-harvest facilities to major market and arterial roads/highways;
c. identify community infrastructure facilities such as fish landing points, ice plants and cold storage facilities in
consultation with fishery cooperatives/associations and prepare plans and designs for their construction that would be
consistent with international environmental standards and occupational safety in sanitation and environmental impact;
d. establish and maintain quality laboratories in major fish ports and prescribe the highest standards for the operation and
maintenance of such post-harvest facilities;
e. arrange and make representations with appropriate funding institutions to finance such facilities for the use of the
fishery cooperatives/associations.
f. develop and strengthen marketing facilities and promote cooperative marketing systems; and
g. promote and strengthen local fisheries ship-building and repair industry.
Rule 119.1 Municipal Fishing Ports Plan. – The Department, through PFDA, in coordination with BFAR and other government
agencies, shall prepare and implement a nationwide plan for the development of municipal fishing ports and other
infrastructure facilities;
Rule 119.2. Laboratories. – BFAR, in coordination with PFDA, shall establish and maintain quality control laboratories
consistent with international standards on safety and sanitation.
SEC. 120. Extension Services. - The Department shall develop cost-effective, practical and efficient extension services on a
sustained basis, in addition to those provided by state educational institutions, especially to municipal fisherfolk in
undeveloped areas, utilizing practicable and indigenous resources and government agencies available, and based upon a
system of self-reliance and self-help.
Rule 120.1 National Fisheries Extension Program. - The Department, through BFAR, in cooperation with concerned agencies,
shall develop and implement within one (1) year from the effectivity of this IRR, a National Fisheries Extension Program to
implement this Section.
SEC. 121.Protection of Sensitive Technical Information. - The Department shall take such measures as may be necessary in
order to protect trade, industrial and policy information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers, and researchers, when disclosure of such information will injure the competitiveness or viability of domestic
fisheries.
Rule 121.1 Implementing Guidelines. – The Department, through BFAR, shall coordinate with the Department of Trade and
Industry (DTI), DOST and other concerned agencies to implement this Section.
SEC. 122. Assistance in Collecting Information. - The Department, in coordination with other government entities concerned,
may require Filipino representatives abroad and foreign- based personnel to assist in the collection of fisheries data and
information.
Rule 122.1 Implementing Guidelines. – The Department, through BFAR, shall coordinate with DFA and other concerned
agencies to implement this Section.
SEC. 123. Charting of Navigational Lanes and Delineation of Municipal Waters. - The Department shall authorize the National
Mapping and Resource Information Authority (NAMRIA) for the designation and charting of navigational lanes in fishery areas
and delineation of municipal waters. The Philippine Coast Guard shall exercise control and supervision over such designated
navigational lanes.
Rule 123.1 Navigational Lanes. - The Department, through BFAR, shall facilitate the designation and charting of navigational
lanes in fishery areas by convening an Inter-Agency committee composed of NAMRIA, PN, PCG, MARINA, other concerned
agencies and the N FARMC;
Rule 123.2 Mapping. – The Department, through BFAR, in coordination with the NAMRIA and with the participation of local
government units concerned shall determine the outer limits of the municipal waters. Overlapping boundaries in municipal
waters shall be governed by the Rules embodied in this law and the Local Government Code of 1991;
Rule 123.3 Navigational Charts. – Charts of navigational lane and outer limits of municipal waters shall be produced, published
and regularly updated by NAMRIA;
Rule 123.4 Funding. – The Department, through DBM, shall allocate sufficient funds for these purposes.
SEC. 124. Persons and Deputies Authorized to Enforce this Code and Other Fishery Laws, Rules and Regulations. - The law
enforcement officers of the Department, the Philippine Navy, the Philippine Coast Guard, Philippine National Police (PNP),
PNP- Maritime Command, law enforcement officers of the LGUs and other government enforcement agencies, are hereby
authorized to enforce this Code and other fishery laws, rules and regulations. Other competent government officials and
employees, punong barangays and officers and members of fisherfolk associations who have undergone training on law
enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement of this Code and
other fishery laws, rules and regulations.
Rule 124.1 Enforcement of Fishery Laws in Municipal Waters. – The LGUs shall have authority over municipal waters to
enforce all fishery laws, rules and regulations as well as valid fisheries ordinances enacted by the municipality/city council and
may seek the assistance of the Department, through the BFAR, in the training of the Bantay Dagat Task Force in fishery laws,
apprehension techniques and gathering of evidence;
Rule 124.2 Enforcement of Fishery Laws in Philippine Waters. – The rules in Section 14 shall apply to fishery law enforcement
in Philippine waters;
Rule 124.3 Manuals. – The Department, through BFAR in coordination with DOTC-PCG, DND-PN, DFA, DOJ, Bureau of
Immigration and Deportation (BID), Bureau of Customs (BC) and other concerned agencies shall formulate and issue manual of
procedures for the apprehension, investigation and prosecution of violations of fishery laws.
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SEC.125. Strengthening Prosecution and Conviction of Violators of Fishery Laws. - The Department of Justice (DOJ) shall embark
on a program to strengthen the prosecution and conviction aspects of fishery law enforcement through augmentation of the
current complement of state prosecutors and through their continuous training and reorientation on fishery laws, rules and
regulations.
Rule 125.1 Technical Assistance to the Department of Justice (DOJ). - The Department shall assist the DOJ in strengthening the
prosecution and conviction aspects of fishery law enforcement by providing technical manuals on the gathering of evidence of
illegal fisihing and apprehension techniques.
SEC. 126. Foreign Grants and Aids. - All foreign grants, aids, exchange programs, loans, researches and the like shall be
evaluated and regulated by the Department to ensure that such are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the entire country.
Rule 126.1 Implementation. – An Inter-Agency Committee composed of the representatives of the National Economic and
Development Authority (NEDA), Board of Investment (BOI), Department of Finance (DOF), DOST, DTI, DFA, DA, NFARMC and
other concerned agencies shall be created to implement this Section.
Rule 125.1 Technical Assistance to the Department of Justice (DOJ). – The Department shall assist the DOJ in strengthening
the prosecution and conviction aspects of fishery law enforcement by providing technical manuals on the gathering of evidence
of illegal fishing and apprehension techniques.
SEC. 127. Mandatory Review. - The Congress of the Philippines shall undertake the mandatory review of this Code at least once
every five (5) years and as often as it may deem necessary, to ensure that fisheries policies and guidelines remain responsive to
changing circumstances.
Rule 127.1 Implementation. – The Department, through BFAR, shall submit proposed bills to amend certain conflicting and
confiscatory provisions of this Code.
CHAPTER VIII
TRANSITORY PROVISIONS
SEC. 128. Moratoria.- The Department shall, upon the recommendation of the Bureau, have the power to declare a
moratorium on the issuance of licenses for commercial fishing vessels to operate in specified area or areas in Philippine waters
in a limited period of time if there are indications of overfishing brought about by a decrease in the volume and sizes of fish
caught therein or for conservation or ecological purposes.
No new licenses and similar privileges on exploitation of specific fisheries areas in Philippine waters and aquaculture
production areas shall be issued in accordance with this Code. Such moratoria shall not exceed five (5) years from the
effectivity of this Code.
Rule 128.1 Implementing Guidelines. – The Department, through BFAR, shall identify area or areas in Philippine waters which
are overfished and declare a moratorium on the issuance of licenses for fish catcher vessels which operate in such fishing areas.
SEC. 129. Formulation of Implementing Rules and Regulations. - An Inter-agency Committee is hereby created to formulate
rules and regulations for the full implementation of this Code within ninety (90) days of its effectivity: Provided, however, that
the formulated rules and regulations shall be submitted to both Houses of Congress for information and guidance. Such rules
and regulations shall take effect upon publication in a newspaper of general-circulation.
The Inter-agency Committee shall be composed of the following: Rule 129.3 IRR Copies. – The Department shall furnish both Houses of Congress with copies of this IRR for their information and
guidance;
a. Secretary of Agriculture as Chairman;
Rule 129.4 Effectivity. – This IRR shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
b. Secretary of the Interior and Local Government;
CHAPTER IX
c. Secretary of Environment and Natural Resources;
FINAL PROVISIONS
d. Secretary of Justice;
SEC. 130. Appropriation. - The sum necessary to effectively carry out the provisions of this Act during the first year of
e. Secretary of Finance; implementation shall be sourced from the budget of the DA/BFAR and other agencies performing fisheries-related functions:
Provided , however, That such amount as may be necessary to carry out the provisions of Sections 79, 109, 110, 111, 112, 113
f. Secretary of Budget and Management; are hereby appropriated out of the unappropriated funds of the National Treasury. The Congress of the Philippines shall
provide for the appropriations of the Department, the NFRDI and the Fisheries Scholarship Program for the succeeding years to
g. Secretary of Labor and Employment; be included in the annual GAA.

h. Secretary of National Defense; Rule 130.1 Budgetary Allocation for 1998. – The Secretary shall allocate within three (3) months from the effectivity of this IRR,
the budget for BFAR and NFRDI to support the requirements for the implementation of this Code which shall be sourced from
i. Commissioner of Civil Service Commission; the 1998 General Appropriations Act for DA, BFAR and other agencies performing fisheries-related functions;

j. Director of the Bureau of Fisheries and Aquatic Resources; Rule 130.2 Budgetary Allocation for 1999. – The DBM shall allocate the budget for 1999 for BFAR and NFRDI to be sourced
from the unprogrammed amount of the Department’s budget for 1999.
k. Executive Director of PCARMD;
Rule 130.3 Subsequent Budget. – The budget for subsequent years which shall not be less than the amount of the prior years
l. General Manager of PFDA; appropriations shall be submitted by the Department to be included in the annual General Appropriations Act.

m. 1 Representative from each of the following: Rule 130.4 FARMC Budget. – The Secretary shall allocate budget for FARMC which shall be sourced from its unprogrammed
funds of the Department’s budget.
  a.1. the league of provinces;
SEC. 131. Repealing Clause - Presidential Decree No. 704, as amended by Presidential Decree Nos. 1051 and 1058, Presidential
  a.2. the league of cities; Decree No. 977, amended, Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987, Executive Order
No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and other existing laws except Republic Act No. 7611, decrees,
  a.3. the league of municipalities; executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code are hereby repealed or
modified accordingly.
  a.4. the liga ng mga barangay;
Rule 131.1 The following provisions of PD No. 704 which are inconsistent with this Code, are hereby amended or modified
n. Representative of the municipal fisherfolk; accordingly:

o. Representative of the commercial fishers; a) Sec. 3 Definition of Terms

p. Representative of the non-government organizations involved in fishing concerns; and (a) Closed Season
(b) Commercial fishing
q. A representative from the academe coming from the specialized fisheries institutions. (c) Electro-fishing
(d) Fish and fishery/aquatic products
(e) Fishing Boat
Rule 129.1 Creation of Inter-Agency Committee Technical Working Group. – The Department shall create a Technical Working (f) Fish corrals or baklad
Group under the Inter-Agency Committee to draft the IRR of this Code; (g) Fish pen
(h) Fishing with the use of explosives
Rule 129.2 Additional Representatives. – Representatives from DFA, DTI, the aquaculture sector including the aquarium fish (i) Fishing with the use of obnoxious or poisonous substances
industry shall be included in the composition of the Inter-Agency Technical Working Group; (j) Municipal waters
(k) Philippine waters
57
b) Sec. 10 Fish Landing Points Rule 131.4 PD No. 977, as amended by EO 967 s.1984 – Creating the Philippine Fish Marketing Authority; EO 967 repealed
c) Sec. 16 License, lease and permits Sections 2 and 6 of PD No. 977;
d) Sec. 26 Commercial fishing boat license and other licenses
e) Sec. 18 Permit for importation or exportation of fish and fishery aquatic products Rule 131.5 E.O. No. 116 s. 1987 - Reverted BFAR from a line into a staff Bureau and placed it under the Production Group in the
f) Sec. 19 Development of Fish Meal Industry DA with the following functions:
g) Sec. 20 Persons eligible for Commercial Fishing Boat License
1. Formulate plans for the proper management, accelerated development and proper utilization of the country’s fishery and
h) Sec. 22 Operation of Radio Communication facilities on board fishing boats
aquatic resources;
i) Sec. 23 Disposition of Public Lands for Fishponds
j) Sec. 24 Lease of fishponds
2. Undertake studies on the economics of the various phases of the fishing industry, which studies shall form the bases for
k) Sec. 25 Size of fishponds
the formulation of policies and programs on fisheries and aquatic resources.
l) Sec. 26 Construction of family size fishponds
m) Sec. 27 License to operate fishpens
3. Render technical assistance and advisory services in the proper procurement, construction and operation of the fishing
n) Sec. 28 No obstruction to navigation
vessels as well as determination and designation of fish landing points for all commercial fishing boats;
o) Sec. 29 Grant of fishery privileges
p) Sec. 30 Municipal Concessions and Leases concerning fisheries 4. For its own sector, recommend plans, programs, policies, rules and regulations to the Secretary of Agriculture and
q) Sec. 31 Fishing areas reserved for exclusive use of government provide technical assistance in the implementation of the same.
r) Sec. 32 Fish Refuges and Sanctuaries
s) Sec. 33 Illegal fishing Dealing in Illegally Caught Fish or Fish/Aquatic products Rule 131.6 EO No. 292 s. 1987 – The Administrative Code of 1987 salient features on agencies performing fisheries related
t) Sec. 37 Pollution of Waters functions.
u) Sec. 38 Penalties
v) Sec. 39 Seizure proceeding A. Department of Agriculture – Same as No. 5 Title IV Chapter I and IV
w) Sec. 40 Persons Authorized to enforce this Decree on Fisheries Rule and Regulations
y) Sec. 42 Fisheries Loan and Guarantee Fund Sec. 22 – BAR – Tap farmers, farmers’ organizations and research institutions especially SCUs in the conduct of research in DA
z) Sec. 43 Loans to the Fishery Industry and its clientele particularly the farmers, fishermen and land workers. (Underline supplied)

a.1) Sec. 44 Financing Municipal and/or Small-Scale Fishing
a.2) Sec. 45 Establishment and Operation of Refrigeration and Cold Storage Plants
a.3) Sec. 46 Exemption of fishermen for Operation of the Blue Sunday Law and Eight Hour Labor Law
a.4) Sec. 47 Appropriations
a.5) Sec. 50 Repealing Clause
Rule 131.2 PD No. 1015 – Amending the 1st paragraph of Sections 17 and 35 of PD No. 704 – The President can ban the
operation of commercial fishing gears within a distance of 7 km from the shoreline and operation of trawl within a distance of 7
km. from the shoreline and operation of trawl within 7 km. from the shorelines;
Sec. 25 – ATI – No mention of fisheries and fishermen and yet RFTC were placed under it.
Sec. 25 – BAS – Same as A (b) yet fisheries statistics were placed under it.
Rule 131.7 B. DENR – Title XIV
a) Section 1 Declaration of Policy – The State shall ensure the exploration, development, judicious disposition, utilization,
management, renewal and conservation of the country’s forest, mineral, land, water, fisheries, wildlife and other natural
resources …. x x x x
b) Sec. 4 Powers and Functions

Rule 131.3 PD No. 1058 – Increasing penalties for certain forms of illegal fishing; (8) Issue licenses and permits for activities related to the use and development of aquatic resources, treasure hunting, salvaging
of sunken vessels and other similar activities;
Rule 131.3.1 Fishing with the use of explosives: (a) the penalty from twelve (12) years to twenty five (25) years in case of mere
possession intended for illegal fishing. (10) Promulgate rules and regulations necessary to:

Rule 131.3.2 By imprisonment ranging from twenty (20) years to life imprisonment, if the explosive is actually used.
Rule 131.3.3 If the use of the explosives result in physical injury to any person, the penalty shall be imprisonment for twenty-five
(25) years to life imprisonment to death.
Rule 131.3.4 Dealing in illegally caught fish or fishery/aquatic products – imprisonment for five (5) years to ten (10) years.
Rule 131.3.5 Trawl Fishing – imprisonment ranging from six (6) months to six (6) years;
Rule 131.3.6 Jurisdiction of the Military Tribunals for violation of the aforementioned illegal fishing cases.
a. x
b. xx
c. xxx
d. Assure conservation and judicious sustainable development of aquatic resources
(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits, concessions, lease agreements and such
privileges concerning the development, exploration and utilization of the country’s marine, freshwater, and brackishwater and
overall aquatic resources of the country and shall continue to oversee, supervise and police our natural resources; cancel or
cause to cancel such privileges upon failure and non compliance of any regulations, order and for all other causes which are in

58
furtherance of the conservation of natural resources and supportive of national interest. (Underline supplied)  

Rule 131.8 C. DOST – Title XVIII ROBERTO P. NAZARENO

Secretary General
Section 10 (4) Philippine Council for Aquatic and Marine Research and Development (PCAMRD) for aquatic and marine
resources. HEZEL P. GACUTAN
Secretary of the Senate
Each of the councils shall be responsible, for its respective sector in the formulation of strategies, policies, plans and programs House of Representatives
and projects for science and technology development for programming and allocation of government and; external funds for
research and development; for monitoring of research and development projects and for generation of external funds. Approved: February 25, 1998

Each council shall have a Secretariat which shall be headed by an Executive Director to be appointed by the President upon the  
recommendation of the DOST Secretary.
FIDEL V. RAMOS
(These functions appear to be inconsistent with Sec. 65 (e) and Sec. 85 (a) of RA No. 8550, The Philippine Fisheries Code of President of the Philippines
1998)

Rule 131.9 D. EO No. 473 s. 1991 – Establishment of Sea Lanes for Passage of Foreign fishing vessels in Philippine Waters.
(Expressly repealed by Sec. 87 of the Fisheries Code);

Rule 131.10 E. Other existing laws; decrees; EOs and rules and regulations or parts thereof which are inconsistent with this
Code

1. PD Nos. 1216 and 1698 on Corals

2. LOI No. 1328 – Prohibiting the Operation of Commercial Trawls and purse seiners within a distance of 7 km., from the
shorelines of Philippine waters
3. Others

Rule 131.11 F. RA No. 7611 Establishing the Palawan Council for Sustainable Development (PCSD). – It is not covered by the
repealing clause and hence the same is neither repealed nor modified by RA No. 8550.

SEC. 132. Separability Clause - If any portion or provision of this Code is declared unconstitutional or invalid, the other portions
or provisions hereof, which are not affected thereby, shall continue in full force and effect.

SEC. 133. Effectivity - This Code shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2)
newspapers of general publication.

Approved,

JOSE DE VENECIA, JR.

Speaker of the House

NEPTALI A. GONZALES
President of the Senate
of Representatives

This Act, which is a consolidation of Senate Bill No. 1708 and House Bill No. 7366 was finally passed by the Senate and the
House of Representatives on February 19, 1998.
59