REPUBLIC ACT NO.

8550
“Philippine Fisheries Code of
1998”
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION
OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS
PERTINENT THERETO, AND FOR OTHER PURPOSES
As Ammended by RA 10654
• R.A 8550 provides provision for the management and conservation of
fisheries and aquaculture in the Philippines and the reconstitution or
establishment of fisheries institutions both at the national and local
level.
• R.A 855o seeks to limit access to the fishery and aquatic resources of
the Philippines for the exclusive use and enjoyment of all
citizens.principle of policy is the protection of municipal fishermen.
• The Philippine FIsheries Code, in the pursuit of its goals, also provides
a body of rules relative to the management and conservation of
fisheries and to aquaculture, as well as regulations for post-harvest
facilities, activities and trade
• R.A 8550 also provides for the creation of Fisheries and Aquatic
Management Councils in the National, and Municipal Levels.
The following are the the state policies
declared by R.A 8550
• The State shall 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
• To limit access to the fishery and aquatic resources of the Philippines
for the exclusive use and enjoyment of Filipino citizens
• The state shall 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 conventions and cooperate with other
states and international bodies, in order to conserve and manage
threatened , aquatic species, straddling and highly migratory fish stocks
and other living marine resources
• 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
• 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
• 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
• 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.
Objectives
The Objectives set for the State by RA 8550 are the following:
• 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
• Upgrading of post-harvest technology
Applicability

• all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive
Economic Zone (EEZ) and continental shelf;

• all aquatic and fishery resources whether inland, coastal or offshore fishing
areas, including, but not limited to, fishponds, fish pens/cages;

• all lands devoted to aquaculture, or businesses and activities relating to

fishery, whether private or public lands; and

• all Philippine flagged fishing vessels operating in areas governed by a Regional

Fisheries Management Organization (RFMO), in the high seas, or in waters of
other coastal states.
Municipal Fisheries
• The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. The municipal/city
government, in consultation with the 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.

• The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and
in accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component city shall
be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the same.

• The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the
municipal/city council.

• The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces,
shall be done in an integrated manner, and shall not be based on political subdivisions of municipal waters in order to
facilitate their management as single resource systems. The LGUs which share or border such resources may group
themselves and coordinate with each other to achieve the objectives of integrated fishery resource management. The
Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established under Section 76 of this Code
shall serve as the venues for close collaboration among LGUs in the management of contiguous resources.
Commericial Fisheries
• 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 fishworker or pearl diver without first securing a license from the Department Of Agriculture,
the period of which shall be prescribed by the Department: Provided, That no such license shall
be required of a fishing vessel engaged in 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 said vessel and its crew and
the non-Filipino officials of the international agency under which said vessel operates: Provided,
further, That members of the crew of a fishing vessel used for commercial fishing except the duly
licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk: Provided, furthermore, That 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: Provided, finally, That the large commercial fishing vessels
license herein authorized to be granted shall allow the licensee to operate only in Philippine
waters seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject
Post-Harvest Facilities, Activities and Trades
• RA 8550 provides that the Department of Agriculture shall conduct a
regular study of fisheries post-harvest operations and ancillary
industries, in the formulation of a comprehensive plan for post-
harvest and ancillary industries. It shall take into account among
others, the following:
The Department of Agriculture shall take into
account among others, the following:
• detailed and clear guidelines on the distribution, construction, maintenance and use of
post-harvest infrastructure facilities;
• extension of credit and incentives for post-harvest operations;
• promotion and strengthening of semi-processing, processing and handling;
• development of domestic fishmeal industry;
• development of fisheries ship-building and repair as a viable industry;
• development and strengthening of marketing facilities and activities, including the
pricing system, with emphasis on collectiv marketing and the elimination of
middlemen;
• increased participation of cooperatives and non-governmental organizations in post-
harvest operations and ancillary industries; and
• integration of fisheries post-harvest operations into the national fisheries plan
Undersecretary or Fisheries and Aquatic
Resources
• RA 8550 provides for the creation of the Position of Undersecretary
for Fisheries and Aquatic Resources. — There is hereby created in the
Department of Agriculture the position of Undersecretary for
Fisheries and Aquatic Resources, solely for the purpose of attending
to the needs of the fishing industry, to be appointed by the President.
Functions of the Undersecretary for Fisheries
and Aquatic Resources:
• set policies and formulate standards for the effective, efficient and economical operations
of the fishing industry in accordance with the programs of the government;

• exercise overall supervision over all functions and activities of all offices and
instrumentalities and other offices related to fisheries including its officers;

• establish, with the assistance of the director, such regional, provincial and other fishery
officers as may be necessary and appropriate and organize the internal structure of BFAR in
such manner as is necessary for the efficient and effective attainment of its objectives and
purposes; and

• perform such other functions as may be necessary or proper to attain the objectives of this
Code.
Reconstitution of the BFAR
• RA 8550 provides tha Bureau of Fisheries
and Aquatic Resources (BFAR) shall be
reconstituted as a line bureau under the
Department of Agriculture
Fishery Reserves, Refuge and Sanctuaries
• Fishing Areas Reserves for Exclusive Use of Government. — The
Department of Agriculture may designate area or areas in Philippine waters
beyond fifteen (15) kilometers from shoreline as fishery reservation for the
exclusive use of the government or any of its political subdivisions, agencies
or instrumentalities, for propagation, educational, research and scientific
purposes: Provided, That in municipalities or cities, the concerned LGUs in
consultation with the FARMCs may recommend to the Department that
portion of the municipal waters be declared as fishery reserves for special
or limited use, for educational, research, and/or special management
purposes. The FARMCs may recommend to the Department portions of the
municipal waters which can be declared as fisheries reserves for special or
limited use for educational, research and special management purposes.
• Fish Refuge and Sanctuaries. — The Department of Agriculture may establish fish refuge
and sanctuaries to be administered in the manner to be prescribed by the BFAR at least
twenty-five percent (25%) but not more than forty percent (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. All marine fishery reserves, fish sanctuaries and
mangrove swamp reservations already declared or proclaimed by the President or
legislated by the Congress of the Philippines shall be continuously administered and
supervised by the concerned agency: Provided, however, That in municipal waters, the
concerned LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries: Provided,
further, That at least fifteen percent (15%) where applicable of the total coastal areas in
each municipality shall be identified, based on the best available scientific data and in
consultation with the Department, and automatically designated as fish sanctuaries by the
LGUs in consultation with the concerned FARMCs.
Fisheries Research and Development
• RA 8550 provides for the Creation of a National Fisheries Research
and Development Institute (NFRDI). — In recognition of the important
role of fisheries research in the development, management,
conservation and protection of the country’s fisheries and aquatic
resources, there is hereby created a National Fisheries Research and
Development Institute (NFRDI).

• The Institute shall form part of the National Research and

Development Network of the Department of Science and Technology
(DOST).
• The Institute, which shall be attached to the Department shall serve
as the primary research arm of the BFAR. The overall governance of
the Institute shall be vested in the Governing Board which shall
formulate policy guidelines for its operation. The plans, programs and
operational budget shall be passed by the Board. The Board may
create such committees as it may deem necessary for the proper and
effective performance of its functions
Prohibited Acts under RA 8550
• Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities
• Poaching in Philippine Waters
• Fishing Through Explosives, Noxious or Poisonous Substance, and/or
Electricity
• Use of Fine Mesh Net (using nets with mesh smaller than that which may
be fixed by the Department)
• Use of Active Gear in the Municipal Waters and 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
Prohibited Acts under RA 8550

• Conversion of Mangroves
• Fishing in Overfished Area and During Closed Season
• Fishing in Fishery Reserves, Refuge and Sanctuaries
• Fishing or Taking of Rare, Threatened or Endangered Species
• Capture of Sabalo (mature milk fish) and Other
Breeders/Spawners
• Exportation of Breeders, Spawners, Eggs or Fry.
• Importation or Exportation of Fish or Fishery Species
• Violation of Catch Ceilings
• Aquatic Pollution