RA No. 8550, as amended by RA. No.

10654

Philippine Fisheries
Code of 1998
RA No. 8550: Philippine Fisheries Code of
1998
• Enacted on February 17, 1998.
• An act providing for the development and conservation of the
fisheries and aquatic resources and integrating all laws pertinent
hereto:
• Fisheries Act of 1932
• Presidential Decree No. 534 (1974)
• Fisheries Decree of 1975 (PD 704)
• is the governing law in Philippine fisheries to address the
interconnected issues of resource degradation and unrelenting
poverty among municipal fishers
RA No. 10654: An Act to Prevent, Deter and
Eliminate Illegal, Unreported, and Unregulated
Fishing
• Enacted on February 27, 2015
• Amended the RA 8550: Philippine Fisheries Code of 1998.
• Enforced the necessary mechanisms to curb illegal, unreported and unregulated
fishing.
• Harvest control mechanisms implemented to limit fishing efforts based on the
health of fishing grounds.
• Vessel monitoring system that will tell authorities when and where exactly boats
are fishing
• Under RA 10654, it is now unlawful to fish out aquatic species listed by the
Convention on the International Trade in Endangered Species of Wild Flora
and Fauna (CITES)
A fisher in the Philippines uses sodium cyanide to hunt for fish.

Photo by WILDLIFE GmbH/Alamy Stock Photo

Dynamite Fishing Decimates Entire Ocean Food Chains
Photo by The New York Times
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 fisherfolk;
3) Improvement of productivity of aquaculture within ecological
limits;
4) Optimal utilization of offshore and deep-sea resources; and
5) Upgrading of post-harvest technology.
Policy Considerations
a. To achieve food security as the overriding consideration in
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.
Policy Considerations
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. The Philippines shall pursue its commitment to international
bodies, in order to conserve and manage threatened aquatic species,
straddling and highly migratory fish stocks and other living marine
resources;
Policy Considerations
d. To protect the rights of the fisherfolk, especially of the local
communities with priority to municipal fisherfolk, in the
preferential use of municipal waters. Such preferential use, shall
be based on, but not limited to, maximum sustainable yield
(MSY) of total allowable catch (TAC) on the basis of resources
and ecological conditions, and shall be consistent with our
commitments under international treaties and agreements;
Policy Considerations
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.
Policy Considerations
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
Policy Considerations
g. To grant the private sector the privilege to utilize fishery
resources under the basic concept that the grantee, licensee, or
permittee thereof shall not only be a privileged beneficiary of the
State but also active participant and partner of the government
in the sustainable development, management, conservation and
protection of the fishery and aquatic resources of the country.
Use of Philippine Waters
Section 2, Article XII of the Constitution
“The State shall protect the nation’s maritime wealth in its
archipelagic water, territorial sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish workers in rivers,
lakes, bays and lagoons.”
Magallona v. Ermita
• Professor Merlin Magallona et. al. assailed the constitutionality of RA
No. 9522 defining the archipelagic baselines of the Philippines, on two
grounds:
1. RA No. 9522 reduces Philippine maritime territory, and logically the
reach of the Philippine state’s sovereign power, in violation of Article
1 of the 1987 Constitution, embodying the terms of the Treaty of
Paris and ancillary treaties.
2. RA No. 9522 opens the country’s waters landward of the baselines
to maritime passage by all vessels and aircrafts, undermining
Philippine sovereignty and national security.
Magallona v. Ermita
• The Supreme Court declared RA No. 9522 as consistent with the
Constitution.
• It is a statutory tool to demarcate the country’s maritime zones and
continental shelf under UNCLOS III, not to delineate Philippine
territory.
• It also allows an internationally-recognized delimitation of the
breadth of the Philiippine’s maritime zones and continental shelf.
Bureau of Fisheries and
Aquatic Resources

19
 DEPARTMENT OF
AGRICULTURE

BFAR

DIRECTOR

2 ASSISTANT
DIRECTORS

REGIONAL OFFICES PROVINCIAL OFFICES MUNICIPAL OFFICES

20
BFAR functions

21
BFAR functions

PHL GETS ACCESS TO HIG

H T UN A
FISHING GROUNDS
The Philippines has been granted extended
fishing access to tuna-rich high seas pocket 1
(HSP-1) of the Pacific Ocean for one year based
on the new bridging measures of the Western
and Central Pacific Fisheries Commission
(WCPFC).

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Philippines

23
BFAR functions
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BFAR
Function:
Implement an
inspection system
for import and
export of Place your screenshot here

fishery/aquatic
products to ensure
product quality and
safety

25
BFAR functions

26
 Enforce all laws,
Formulate and
enforce all rules and
regulations
governing the
conservation and
management of
fishery resources
except on
municipal waters.

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Other functions:
× Hear and decide administrative cases
× Initiate criminal prosecution of offenses committed in
violation of this code regardless of their situs
× Perform such other related functions which shall promote
the development, conservation, management, protection
and utilization of fisheries and aquatic resources.

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 PROTECTS THE
JURISDICTION OF MUNIC RIGHTS OF
IPAL/CITY MUNICIPAL
GOVERNMENTS FISHERFOLKS

The Municipal/City Government, in consultation with 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.
× May enact appropriate ordinances for this purpose and in
accordance with the National Fisheries Policy

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CONTIGUOUS
FISHERY
RESOURCES

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GRANT OF FISHING PRIVILEGES IN
MUNICIPAL WATERS
Duly registered fisherfolk organizations/cooperatives shall
have preference in the grant of fishery rights by the

:
municipal/city council
Exception
In areas where there are special agencies or offices vested
with jurisdiction over municipal waters by virtue of special
laws creating these agencies.
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Laguna Lake Development Authority
v. CA
• The Laguna Lake Development Authority (LLDA) was created through RA
No. 4850
• This Government Agency is supposed to carry out and effectuate the aforesaid
declared policy, so as to accelerate the development and balanced growth of the
Laguna Lake area and the surrounding provinces, cities and towns, in the act
clearly named, within the context of the national and regional plans and policies
for social and economic development.
• the Authority shall have exclusive jurisdiction to issue new permit for the use of
the lake waters for any projects or activities in or affecting the said lake
including navigation, construction, and operation of fishpens, fish enclosures,
fish corrals and the like

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Laguna Lake Development Authority
v. CA
• Then came Republic Act No. 7160, the Local Government Code of 1991. The
municipalities in the Laguna Lake Region interpreted the provisions of this law to
mean that the newly passed law gave municipal governments the exclusive
jurisdiction to issue fishing privileges within their municipal waters
• Big fishpen operators took advantage of the occasion to establish fishpens & fish
cages to the consternation of the LLDA.
• The LLDA then served notice to the general public that:
(1) fishpens, cages & other aqua-culture structures unregistered with the LLDA as of
March 31, 1993 are declared illegal;
(2) those declared illegal shall be subject to demolition by the Presidential Task Force for
Illegal Fishpen and Illegal Fishing; and
(3) owners of those declared illegal shall be criminally charged with violation of Sec.39-
A of RA 4850 as amended by PD 813.

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The Laguna Lake Develop
ment
Authority has exclusive
jurisdiction to issue permit
s for
the enjoyment of fishery
privileges in Laguna de Ba
y

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b. Devolved Powers of LGUs
• Shall be responsible for the management, conservation, development,
protection, utilization, and disposition of all fish and fishery/aquatic
resources within their respective municipal waters
• Shall review, pursuant to the Local Government Code (R.A. No 7160) the
ordinances enacted by the municipality and component city
• Shall enforce all fishery laws, rules, and regulations as well as valid fishery
ordinances enacted by the municipal/city council
• Shall regulate the fishing in municipal waters (DA devolution as per Section
17 of Title I and Sections 149 and 447 of the Local Government Code)
C. Users of Municipal Waters
• All fishery related activities in municipal waters shall be utilized by municipal fisherfolk and
their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk
• In no case shall the authorization or permit mentioned above be granted for fishing in bays
as determined by the DA to be in an environmentally critical condition and during closed
season as provided for in Section 9 of R.A. No. 8550
• The municipal or city government, however, may authorize or permit small and medium
commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer
area form the shoreline in municipal waters, provided, that all the following are met:
a. No commercial fishing in municipal waters with depth less than seven 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 DA;
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 the Code, environmental laws and related laws
Taño v. Socrates
De Borja v.
Pinalakas
Leynes v. People
 Commercial
Fisheries
Section 26, 27, & 32, RA
8550
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 fishworler or pearl diver without first
securing a license from the Department of Agriculture, the
period of which shall be prescribed by the DA.
No license shall be required of a fishing vessel for 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 the said vessel and its crew and
the non-Filipino officials of the international agency under which
the said vessel operates.
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.
Large commercial fishing vessels license

Licensee shall operate only in Philippine waters seven or more

fathoms deep, the depth to be certified by NAMRIA, and subject
to the conditions that may be imposed and to the rules and
regulations that may be promulgated by the DA.
Persons eligible for commercial fishing vessel license

★ Citizens of the Philippines

★ Partnerships or associations, cooperatives or corporations duly registered in the
Philippines at least 60% of the capital stock of which is owned by Filipino
citizens.

No licensee shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any
person not qualified to hold a license.

Must secure certificates of Philippine registry and other documents necessary for fishing
operations.
Fishing by Philippine commercial fishing fleet in
international waters

★ Should comply with the safety, manning and other requirements of the
Philippine Coast Guard, Maritime Industry Authority and other agencies
concerned.
★ Secure an international fishing permit and certificate of clearance from DA.

The fish caught by such vessel shall be considered as caught in the Philippine waters and will
not be subject to Import duties and taxes, provided, they are landed in duly designated fish
landings and fish ports.
Aquaculture
Disposition of public lands for fishery purposes

Public lands such as tidal swamps, mangroves, marshes,

foreshore lands and ponds suitable for fishery operations
shall not be disposed or alienated. Fishing lease
agreements may be issued for public lands that may be
declared available for fishpond development primarily to
qualified fisherfolk cooperatives/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.
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 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.
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
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, underdeveloped 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.
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.
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 therefor have been secured and
the fees thereof paid.
Grant of privileges for operations fish pens, etc.

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.
Roldan v. Arca
Hizon v. Court of
Appeals
 Sea Lion Fishing
Corporation v. People
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