Fisheries Code Fin

RA No.
8550
-This shall be known as the “The Philippine Fisheries Code of 1998”
Objective of the Fishery Sector:

a) Conservation, protection and sustained management of the resource
b) Poverty alleviation
c) Productivity improvement
d) Optimal utilization
TERMS RA 8550 (PD704 as amended)
Utilization, Management, Development, Conservation and Allocation System of Fisheries and Aquatic Resources
Use of Philippine Waters

- The use of and exploration of the fishery and aquatic resources in the Philippine waters shall be reserved
exclusively to Filipinos
- That research and survey activities may be allowed under strict regulations for purely research, scientific,
technological and educational purposes
Environmental Impact Statement (EIS)

- All government agencies as well as private corporation, firms and entities who intend to undertake activities
or projects which will affect the quality of the environment shall be required to prepare detailed EIS
Environment Compliance Certificate (ECC)

- All EIS shall be submitted to the DENR for review and evaluation
MUNICIPAL FISHERIES
Users of Municipal Waters

- Shall be utilized by municipal fisher folk and their cooperative/organization that are listed as such in the
registry of municipal fisher folk
- To permit small and medium commercial fishing vessels to operate within the 10 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 determined to be consistent with national policies set
by the Department
c) Prior consultation through public hearing with the M/FARMC has been conducted
d) The applicant vessel as well as the ship owner, employers captain and crew have been certified by the
appropriate agency as not violated this code, environmental laws and related laws
Priority of Resident Municipal Fisherfolk

- Shall be practiced to exploit municipal and demarcated fishery areas of the municipal concerned
Rights and Privileges of Fisherfolks

- Shall be granted/entitled under the Labor Code, Social Security System and other benefits under other laws
or social legislation for workers provided that fish workers on board on any fishing vessels engaged in fishing
operations are covered by the Philippine Labor Code
COMMERCIAL FISHERIES
1
Commercial Fishing Vessel License and Other Licenses
- Hereby found on Section 17 of the Fisheries Decree of 1975, however, many amendments were made under
this section
- The word “boat” from the old title of this section were amended and changed into “vessel”
- Regulations under the old version of this section were very specific unlike herein this amended version all
jurisdictions were generally stipulated
Persons Eligible for Commercial Fishing

- Citizens of the Philippines, association/organization registered in the Philippines (at least 60% of the capital
stock is owned by Filipino citizen) are those persons eligible for commercial fishing vessel license
Commercial Fishing Vessel Registration

- It shall be in accordance with existing laws, rules and regulations
Renewal of Commercial Boat License

- Shall be renewed every 3 years
Report of Transfer of Ownership

- It shall be in notification of the Department with a copy of the report of transfer of ownership within 10 days
after it has been transferred
Incentives for Municipal and Small-scale Commercial Fisherfolk

a) At least 10% of credit and the guarantee funds of the government financing institutions
b) A capability –building program for targeted parties
c) An information campaign shall be conducted
Transhipment
- Foreign fishing vessel wishing to avail or of land, air, and sea facilities available in the Philippines to transport
fishery products which are caught outside the Philippine territorial water to its final destination shall call only
at duly registered government-owned or controlled regional fish port complexes after securing clearance
from the Department
AQUACULTURE
Disposition of Public Lands

- Public lands such as tidal swamps, mangroves, marches, 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 declare available for fishpond
development primarily to qualified fisher folk cooperative/organizations. Provided, however, that upon the
expiration of existing FLAs the current lessees shall be given priority and be entitled to an extension of 25
years in utilization of their respective leased areas
Lease of Fishponds
Incentives and Disincentives for Sustainable Aquatic Practices

- The Department shall formulate incentives and disincentives
- Efficient charges, user fees and negotiable permits
- To encourage compliance with the environmental standards
- To promote sustainable management practices
Reversion of all Abandoned, Undeveloped nor Underutilized Fishponds
2
- The Department shall determine which abandoned, undeveloped or underutilized fishpond can be reverted
to their original mangrove state
Absentee Fishpond Lease Agreement Holders

- Holders of fishpond lease agreements who have acquired citizenship in another country shall have their
lease automatically canceled
- The improvements shall be in favor of the government
License to Operate Fish Pens, Fish Gages and Other Structure for the Culture of Fish and Other Fishery Products
- Structure for the culture of fish shall be constructed and shall operate only within established zone
- Not over 10% of the suitable water surface
- Area of all lakes and rivers shall be allotted for agriculture purposes
- Fish pens and fish cages located outside municipal waters shall be constructed and operated only within fish
pen and fish cage belt
No Obstruction to Navigation
- No person shall be permitted to undertake any construction which will obstruct the free navigation
- Any obstruction made shall be removed
- The Department within 30 days implement rules and regulations for the immediate dismantling of existing
obstruction to navigation
POST HARVEST FACILITIES AND TRADES
Registration and Licensing of all Post-Harvest Facilities

- All post-harvest facilities such as fish processing plants and other fishery business establishment must
register with and be licenses by the LGUs
Importation and Exportation of Fishery Products

- The BFAR shall be headed by a Director and assisted by 2 Assistant Directors who shall supervise the
administrative and technical services of the bureau
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCS)
Functions of the NFARMC

- Assist in the formulation of national policies for the protection, sustainable development and management
of fishery and aquatic resources
- Assists the Department in the preparation of the national fisheries and industry development plan
- Perform such other functions as maybe provide by law
Fishing Areas Reserves for Exclusives Use of Government

- Beyond 15 kilometers from shoreline-reservation for exclusive use of the government or any of its political
subdivisions for propagation, educational, research and scientific purposes
PROHIBITIONS AND PENALTIES
Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities

- Punishments to the fishing boat captain or 3 highest officers of the boat who commit the violations:
a) Fine equivalent to the value of catch or Php10,000.00 whichever is higher
b) Imprisonment of 6 months
c) Confiscation of catch fishing gears
d) Automatic of revocation of license
- Municipal fisher folk engaged to violation fines Php5,000.00 and confiscation of catch
3
Poaching in Philippine Waters
- Penalties for foreign vessels caught (shall constitute prima facie evidence)
a) Fine of US$100,000.00
b) Confiscation of its catch and fishing equipment and fishing vessel
c) Administrative fine of uS$50,000.00 – US$200,000.00
Fishing Through Explosives, Noxious or Poisonous Substance and or Electricity

- Penalties
a) Mere possession only: imprisonment ranging from 6 months to 2 years
b) Actual use: imprisonment of 5 years to 10 years without the prejudice to the filing of separate criminal
cases when the use of the same result to physical injury or loss of human life
c) Dealing and selling: imprisonment of 6 months to 2 years
Ban on Coral Exploitation and Exportation

- Violations of this provisions shall be punished by imprisonment from 6 months to 2 years and a fine from
Php2,000.00 – Php20,000.00 or both
Conversion of Mangroves
- Violation of the provision of this section shall be punished to imprisonment of 6 years and 1 day to 12 years
and/or a fine of Php80,000.00
Fishing or Taking of Rare, Threatened or Endangered Species

- Violations shall be punished by imprisonment of 12 years to 20 years and/or fine of Php120,000.00 and
forfeiture of the catch and the cancellation of fishing permit
Other Violations
- Failure to comply with minimum safety standards
- Failure to conduct a yearly report on all fishponds, fish pens and fish cages
- Gathering and marketing of shell fishes
- Obstruction to navigation of flow and ebb of tide in any stream, river, lake or bay
- Construction and operation of fish corral/traps, fish pens and fish cages
Formulations of Implementing Rules and Regulations
Fishing is much more than fish, it is the great occasion

when we may return to the fine simplicity of our forefathers

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RA No.

Objective of the Fishery Sector:

TERMS RA 8550 (PD704 as amended)

Use of Philippine Waters

Environmental Impact Statement (EIS)

Environment Compliance Certificate (ECC)

Users of Municipal Waters

Priority of Resident Municipal Fisherfolk

Rights and Privileges of Fisherfolks

Persons Eligible for Commercial Fishing

Commercial Fishing Vessel Registration

Renewal of Commercial Boat License

Report of Transfer of Ownership

Incentives for Municipal and Small-scale Commercial Fisherfolk

Disposition of Public Lands

Incentives and Disincentives for Sustainable Aquatic Practices

Reversion of all Abandoned, Undeveloped nor Underutilized Fishponds

Absentee Fishpond Lease Agreement Holders

POST HARVEST FACILITIES AND TRADES

Registration and Licensing of all Post-Harvest Facilities

Importation and Exportation of Fishery Products

THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCS)

Functions of the NFARMC

Fishing Areas Reserves for Exclusives Use of Government

PROHIBITIONS AND PENALTIES

Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities

Fishing Through Explosives, Noxious or Poisonous Substance and or Electricity

Ban on Coral Exploitation and Exportation

Fishing or Taking of Rare, Threatened or Endangered Species

Formulations of Implementing Rules and Regulations

Fishing is much more than fish, it is the great occasion

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