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The Philippine Fisheries Code of 1998

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THE PHILIPPINE

FISHERIES
CODE OF 1998
R.A.8550
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.

Aquaculture

fishery operations involving all forms of raising and culturing


fish and other fishery species in fresh, brackish and marine
water areas
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.

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).
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.
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.
• 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.

• Fisherfolk
- people directly or personally and physically engaged in
taking and/or culturing and processing fishery and/or aquatic
resources.
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.
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.
PROHIBITED ACTS
1.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.
2.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.

3.Fishing Through Explosives, Noxious or Poisonous Substance, and/or


Electricity
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 substance such as sodium cyanide in
the Philippine fishery areas, which will kill, stupefy, disable or render
unconscious fish or fishery species
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
Prima facie evidence of violation
discovery of dynamite, other explosives and chemical
compounds which contain combustible elements, or 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 fish worker
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.
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.
4.Use of Fine Mesh Net
 - It shall be unlawful to engage in fishing using nets with
mesh smaller than that 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.
5. Use of Active Gear in the Municipal Waters and Bays and
Other Fishery Management Areas
5.Ban on Coral Exploitation and
Exportation
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.
6.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.
7. 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.
8. Conversion of Mangroves. - It shall be unlawful for any
person to convert mangroves into fishponds or for any other
purposes.
9. Fishing in Overfished Area and During Closed Season. - It
shall be unlawful to fish in overfished area and during closed
season.
10. Fishing in Fishery Reserves, Refuge and Sanctuaries

11. Fishing Or Taking of Rare, Threatened or Endangered


Species

12. Capture of Sabalo and Other Breeders/Spawners

13. Exportation of Breeders, Spawners, Eggs or Fry


14. Importation or Exportation of Fish or Fishery Species
15. Importation or Exportation of Fish or Fishery Species

16. Violation of Catch Ceilings

17. Aquatic Pollution


.

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