THE PHILIPPINE

FISHERIES CODE OF 1998

 Preliminary Matters
• R.A. No. 8550 was enacted for:
 the development and conservation of the fisheries
and aquatic resources
 Integrate all laws pertinent thereto

• R.A. No. 10654 amended R.A. 8550 notably

on:
 prohibitions and penalties
 Empowered the DENR to impose admin. fines and
penalties
 Applicability
• The Code applies to:
 All Philippine waters
 Other waters over which the Philippines has
sovereignty and jurisdiction
 Waters within the country’s 200-nautical mile EEZ &
continental shelf
 All aquatic and fishery resources
 All lands devoted to aquaculture or businesses and
activities relating to fishery
 Salient Provisions
• The use and exploitation of the fishery and aquatic
resources in Philippine waters is exclusively vested
on Filipinos.

• The monitoring, controlling and surveillance of

Philippine waters is given to the Department of
Agriculture in coordination with LGUs, FARMCs, the
private sector and other agencies.
 Powers of the Secretary of the DA

Prescribe catch ceiling limitations

Declare a closed season in any or all Philippine

waters for conservation and ecological
purposes
 Municipal Fisheries
• The municipal/city government:
 has jurisdiction over municipal waters
 responsible for the management, conservation,
development, protection, utilization and disposition
of all fishery and aquatic resources within their
respective municipal waters
 enact appropriate ordinances for this purpose
 enforce all fishery laws, rules and regulations and
ordinances
 Grant of Fishery Rights in LGUs
• The Municipal/City government also has the power to
grant fishery rights to:
 municipal fisherfolk who are residents of the
municipality concerned and their organizations and
cooperatives (priority)
 small and medium commercial fishing vessels (through
local chief executive w/ power vested by ordinance)
• No authorization or permit may be granted for fishing in
bays which are in an environmentally critical condition
as determined by the DA or during closed season.
 Commercial Fisheries
• A license from the Department of Agriculture is
needed to:

 Operate a commercial fishing vessel, pearl fishing

vessel for scientific, research or educational
purposes
 Engaging in any fishery activity
 Seeking employment as a fishworker or pearl diver
 Commercial Fisheries
• The license granted to large commercial
fishing vessels permits the vessel to:
 Operate only within the waters of the Philippines
seven or more fathoms deep
 Subject to conditions including the rules and
regulations which may be promulgated by the DA
 Commercial Fisheries
• Persons eligible to acquire a Commercial
Vessel License:
 Citizens of the Philippines
 Partnerships or associations
 Cooperatives or corporations duly registered in the
Philippines with at least 60% of the capital stock
owned by Filipinos
 Commercial Fisheries
• In order for a commercial fishing vessel to
begin its operations:

 The fishing gear to be used must be registered

 A license must be granted to the commercial fishing
vessel
 Distant Water Fishing
• Fishing vessels in the Philippines may engage in
distant water fishing provided the following
conditions are met:
 they comply with the safety and other requirements
of the Philippine Coast Guard, Maritime Industry
Authority and other agencies concerned
 they secure a fishing permit, gear license and other
clearances from the DA
 Aquaculture
• A fishpond lease agreement may be issued for
public lands that may be declared available for
fishpond development primarily to qualified
fisherfolk cooperatives/associations.

• These FLAs shall be granted to any Filipino citizen

with preference primarily to qualified fisherfolk
cooperatives/associations as well as small and
medium enterprises.
 Post Harvest Facilities
• Fish imports for canning/processing purposes may
only be allowed with the necessary certification.

• No person may import and/or export fishery

products of whatever size, stage or form for any
purpose without a permit from the DA.
 Fishery Reserves, Refuge and
Sanctuaries
• The Department may establish fish refuge and
sanctuaries to be administered in the manner to be
prescribed by the BFAR at 25% but not more than
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.
 Prohibitions and Penalties
 Unauthorized fishing
 Engaging in Unauthorized Fisheries Activities
 Failure to secure fishing permit prior to engaging in
distant water fishing
 Unreported fishing
 Unregulated fishing
 Poaching in Philippine waters
 Fishing through explosives, noxious or poisonous
substances or electricity
 Prohibitions and Penalties
 Use of fine mesh net
 Fishing in overexploited fishery management areas
 Use of Active Gear in Municipal Waters, Bays and
Other Fishery Management Areas.
 Coral Exploitation and Exportation
 Use of Muro-ami, Other Methods and Gear
Destructive to Coral Reefs and Other Marine Habitat
 Illegal Use of Superlights or Fishing Light Attractor
 Conversion of Mangroves
 Prohibitions and Penalties
 Fishing During Closed Season
 Fishing in Marine Protected Areas, Fishery Reserves,
Refuge and Sanctuaries
 Fishing or Taking of Rare, Threatened or
Endangered Species
 Capture of Sabalo and Other Breeders/Spawners
 Exportation of Breeders, Spawners, Eggs or Fry
 Other prohibitions