Philippine Fisheries Code of 1998

PHILIPPINE FISHERIES CODE OF
1998
R.A. No. 8550 as amended by R.A. No. 10654
R.A. No. 8550
The PHILIPPINE FISHERIES CODE of 1998

Enacted on February 7, 1998
Act providing for the development and
conservation of the fisheries and aquatic
resources
R.A. No. 10654
Enacted on February 27, 2015

AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL,
UNREPORTED AND UNREGULATED FISHING, AMENDING
REPUBLIC ACT NO. 8550, otherwise known as "THE
PHILIPPINE FISHERIES CODE OF 1998
Repeals Chapter VI of RA 8550 and replaces with a new
Chapter VI on Prohibitions and Penalties
Empowers DENR to impose administrative fines and
penalties
Policy of the State
Under Section 2 of RA 8550:
 (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, especially of the local communities with priority to
municipal fisherfolk, in the preferential use of the municipal waters. Such preferential use, shall
be based on, but not limited to, Maximum Sustainable Yield (MSY) or Total Allowable Catch
(TAC) on the basis of resources and ecological conditions, and shall be consistent with our
commitments under international treaties and agreements;
Policy of the State
 (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. Fish workers 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 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:
 Conservation, protection and sustained management of the

country's fishery and aquatic resources;
 Poverty alleviation and the provision of supplementary livelihood
among municipal fisherfolk;
 Improvement of productivity of aquaculture within ecological limits;
 Optimal utilization of offshore and deep-sea resources; and
 Upgrading of post-harvest technology.
Application of the Law
Shall be enforced in
All Philippine waters including other waters over which Philippines
has sovereignty and jurisdiction, EEZ and continental shelf
All aquatic and fishery resources
All lands devoted to aquaculture or businesses and activities
relating to fishery
All Philippine flagged fishing vessels operating in areas governed
by RFMO
Obligations of Costal States
First: ensure through proper conservation and

management measures that living resources of the
EEZ are not subject to over-exploitation
Second: promote the objective of “optimum

utilization” of the living resources
Use of Philippine Waters
Consistent with Section 2, Article XII of the

Constitution
Section 5 of RA 8550 provides that the use and
exploitation of the fishery and aquatic resources in the
Philippine Waters shall be reserved exclusively to Filipinos
United Nations Convention on the Law
of the Sea (UNCLOS)
• UNCLOS mandates States to protect and preserve

the marine environment
• Art. 192 of the UNCLOS provides:
“States have the obligation to protect and preserve the marine
environment”
Organizational Structure
Department of Agriculture (DA)

The government agency responsible for the promotion of
agricultural development by providing the policy framework,
public investments and support services needed for domestic
and export-oriented business enterprise.
To improve farm income and generate work opportunities for
farmers, fishermen and other rural workers
Encourage people’s participation in agricultural development
Sec. 2, Chapter 1, Title IV of EO No. 292
The Department’s power and
functions:
(1) Provide integrated services to farmers, fishermen, and other food
producers on production, utilization, conservation, and disposition of
agricultural and fishery resources;
(2) Be responsible for the planning, formulation, execution, regulation, and
monitoring of programs and activities relating to agriculture, food
production and supply;
(3) Promulgate and enforce all laws, rules and regulations governing the
conservation and proper utilization of agricultural and fishery resources;
(4) Establish central and regional information systems to serve the
production, marketing, and financing data requirements of the farmers as
well as domestic and foreign investors in agri-business ventures;
The Department’s power and
functions:
(5) Provide comprehensive and effective extension services and training to farmers
and other agricultural entrepreneurs on the production, marketing, and financing
aspects of agricultural enterprises;
(6) Conduct, coordinate, and disseminate research studies on appropriate
technologies for the improvement and development of agricultural crops, fisheries,
and other allied commodities;
(7) Provide the mechanism for the participation of farmers, fishermen, and
entrepreneurs at all levels of policy-making, planning and program formulation;
(8) Coordinate with and enlist other public and private agencies for cooperation
and assistance on matters affecting the policies, plans and programs of the
Department;
(9) Perform such other functions as may be provided by law.
Catch ceiling limitations
DA Secretary
Prescribe limitations or quota on the total quantity of fish
captured for specified period of time and specified area
Municipal waters and fishery management areas and waters

under the jurisdiction of special agencies, catch ceiling may be
established upon concurrence and approval of
recommendation of such special agency and the concerned
LGU in consultation with the FARMC
Establishment of Closed Season
DA Secretary
May declare, through public notice in at least 2 newspapers of
general circulation or in public service announcements, at least
5 days before declaration, a closed season in any or all
Philippine waters outside the boundary of municipal waters and
in bays, for conservation and ecological purposes
May include waters under jurisdiction of special agencies,
municipal waters and bays and/or area to be covered by the
closed season
To be done upon approval or recommendation of such agency
and concerned LGU and FARMC
Functions of the Bureau of Fisheries and
Aquatic Resources
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;
Section 9 of RA 8850
Bureau of Fisheries and Aquatic
Resources
(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);
Resources
(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;
Resources
(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;
(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;
(r) formulate rules and regulations for the conservation and management of straddling fish stocks and highly
migratory fish stocks; and
(s) perform such other related functions which shall promote the development, conservation, management,
protection and utilization of fisheries and aquatic resources.
Composition of BFAR
Under Section 66 of RA 8550
BFAR is headed by Director and assisted by 2 Assistant Directors

Supervise the administrative and technical services of the bureau
respectively
Establish regional, provincial and municipal officers to carry out effectively
and efficiently the provisions of Fisheries Code
Municipal Fisheries
Jurisdiction of municipal/city governments:
Over municipal waters

Responsible for management, conservation,
development, protection, utilization and disposition of all
fish and fishery or aquatic resources within respective
municipal waters
Enact appropriate ordinances
Users of Municipal Waters
 All fishery related activities in municipal waters shall be utilized by

municipal fisherfolk and their cooperative/organizations who are
listed as such in the registry of municipal fisherfolk
 Authorize or permit small or medium commercial fishing vessels to
operate within the 10.1 to 15 km area from the shoreline
 LGU shall maintain a registry of municipal fisherfolk
 Resident municipal fisherfolk of the municipality concerned and
their cooperative/organizations shall have priority to exploit
municipal and demarcated fishery areas of the said municipality
 “Preferential right” of subsistence or marginal fishermen to the use
of water resources is not absolute

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PHILIPPINE FISHERIES CODE OF

The PHILIPPINE FISHERIES CODE of 1998

Enacted on February 27, 2015

 Conservation, protection and sustained management of the

First: ensure through proper conservation and

Second: promote the objective of “optimum

Consistent with Section 2, Article XII of the

• UNCLOS mandates States to protect and preserve

Department of Agriculture (DA)

Municipal waters and fishery management areas and waters

a) prepare and implement a Comprehensive National Fisheries Industry

b) issue licenses for the operation of commercial fishing vessels;

c) issue identification cards free of charge to fishworkers engaged in

(e) formulate and implement a Comprehensive Fishery Research and

(f) establish and maintain a Comprehensive Fishery Information System;

(g) provide extensive development support services in all aspects of fisheries

(h) provide advisory services and technical assistance on the improvement of

(i) coordinate efforts relating to fishery production undertaken by the primary

(k) establish a corps of specialists in collaboration with the Department of

(l) implement an inspection system for import and export of fishery/aquatic

(o) develop value-added fishery-products for domestic consumption and export;

(p) recommend measures for the protection/enhancement of the fishery industries;

Under Section 66 of RA 8550

BFAR is headed by Director and assisted by 2 Assistant Directors

Over municipal waters

 All fishery related activities in municipal waters shall be utilized by

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