RA 8550

The Philippine Fisheries Code

of 1998
 2

CONTENT
Importance of Fisheries in the Philippines
Creation of RA 8550
IMPORTANCE OF
FISHERIES IN THE
PHILIPPINES
More than 500 coral and 2,000 species of fish live in
the waters of the Philippine islands. 10% of the world’s
Marine Protected Areas – more than 500 – are in the
Philippines. However, less than 200 have been
assessed as ‘effectively managed’
 4

CREATION OF PHILIPPINE
FISHERIES CODE (RA 8550)
An act providing for the
development, management,
and conservation of the
fisheries and aquatic
resources, integrating all
laws pertinent thereto, and
for other purposes
Consists of 9 chapters and
133 sections
Approved on February 25,
1998
 5

CHAPTER I: DECLARATION OF
POLICY AND DEFINITIONS
• SECTION 2: Declaration of Policy
• SECTION 3: Application of Its Provision
• SECTION 4: Definition of Terms
 6

CHAPTER II: UTILIZATION,

MANAGEMENT,
DEVELOPMENT,
CONSERVATION, AND
ALLOCATION SYSTEM OF
FISHERIES AND AQUATIC
RESOURCES
 7

SECTION 5: USE OF
PHILIPPINE WATERS
Only Filipinos can exploit fisheries and aquatic resources in
Philippine waters, with research allowed under strict
regulations.

SECTION 6: FEES AND

OTHER FISHERY CHARGES
The Department sets fees for fishpond rentals and fishing
licenses. Local Government Units (LGUs) determine fees for
fishing activities beyond municipal waters in consultation
with FARMCs.
 8

SECTION 7: ACCESS TO
FISHERY RESOURCES
Licenses and permits are issued based on Maximum
Sustainable Yield (MSY), prioritizing local resource users
near municipal waters.

SECTION 8: CATCH
CEILING LIMITATIONS
The Secretary can impose quotas on fish capture by
species and area based on data, requiring LGU and FARMC
approval in municipal waters.
 9

SECTION 9:
ESTABLISHMENT
OF CLOSED
SEASON
Closed seasons can be declared for
conservation, requiring consultation
with LGUs, FARMCs, and relevant
agencies.

Fig.
1
 10

SECTION 10: INTRODUCTION

OF FOREIGN AQUATIC
SPECIES
No foreign aquatic species may be introduced without
scientific backing. The Department may approve
introductions for research.

SECTION 11: PROTECTION

OF RARE, THREATENED, AND
ENDANGERED SPECIES
The Department can establish closed seasons and
conservation measures for endangered species, banning
their capture.
 11

Fig. Fig.
2 3
 12

Fig.
4
 13
SECTION 12:
ENVIRONMENTAL IMPACT
STATEMENT (EIS)
Projects affecting the environment must prepare a detailed
EIS as part of planning, per Presidential Decree No. 1586.

SECTION 13: ENVIRONMENTAL

COMPLIANCE CERTIFICATE
(ECC)
EIS submissions are required for evaluation by DENR, and
no project can proceed without an ECC.
 14

Fig.
5
 15

SECTION 14:
MONITORING,
CONTROL, AND
SURVEILLANCE OF
PHILIPPINE WATERS
A monitoring system will be established
to ensure the sustainable use of fisheries
resources in collaboration with LGUs and
FARMCs.

Fig.
6
 16

SECTION 15:
AUXILIARY
INVOICES
Fish products require an
auxiliary invoice issued by
LGUs before transportation or
export, with associated fees
for administrative costs.

Fig.
7
 17

ARTICLE I: MUNICIPAL
FISHERIES
 SECTION 16:
JURISDICTION OF
MUNICIPAL/CITY
GOVERNMENTS
Municipal/city governments manage and
conserve fishery resources within their
waters. They may enact ordinances in
consultation with FARMCs and manage
resources in collaboration with
Fig. neighboring LGUs.
8
Fig. Fig.
9 10
SECTION 17: GRANT OF FISHING
PRIVILEGES
Registered fisherfolk organizations and cooperatives are prioritized in the
granting of fishery rights, with special agencies like the Laguna Lake
Development Authority continuing to manage areas under their jurisdiction.
SECTION 18: USERS OF
MUNICIPAL WATERS
Municipal waters are for use by local fisherfolk and cooperatives. However,
LGUs may allow small and medium commercial fishing vessels to operate in
certain areas if conditions are met.

The municipal or city government, however, may, through its local chief
executive and acting under an appropriate ordinance, authorize or permit
small and medium commercial fishing vessels to operate within the ten-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 a depth of less than seven
(7) fathoms as certified by the appropriate agency;
(b) fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department;
(c) prior consultation, through public hearing, with the M/CFARMC has been
conducted; and
(d) the applicant vessel as well as the shipowner, employer, captain, and crew
have been certified by the appropriate agency as not having violated this
 SECTION 19:
REGISTRY OF
MUNICIPAL
FISHERFOLK
LGUs maintain a registry of municipal
fisherfolk to prioritize and monitor fishing
activities. This list is updated annually
and posted for public validation.

Fig. 11
SECTION 20: FISHERFOLK
ORGANIZATIONS/COOPERATIVES
Registered fisherfolk organizations may be granted access to demarcated
fishery areas for fishing, mariculture, or fish farming.
• HAYUMA
• Baruyan Fisherkols Association,
• 𝗕𝗔𝗡𝗔𝗠𝗜𝗘 𝗙𝗶𝘀𝗵𝗲𝗿𝗳𝗼𝗹𝗸 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻
• 𝗦𝗔𝗠𝗔 𝗦𝗔 𝗠𝗡𝗣

SECTION 21: PRIORITY OF RESIDENT

MUNICIPAL FISHERFOLK
Resident municipal fisherfolk and their organizations have priority to exploit
municipal waters and demarcated fishery areas.
SECTION 22: DEMARCATED
FISHERY RIGHTS
LGUs grant fishery rights to organizations or cooperatives for mariculture
operations in designated areas identified by the Department.

SECTION 23: LIMITED ENTRY INTO

OVERFISHED AREAS
LGUs may limit or prohibit fishing in municipal waters that are overfished or in
danger of being overfished to allow fishery resource regeneration.
SECTION 24: SUPPORT TO
MUNICIPAL FISHERFOLK
The Department and LGUs provide support through technology, credit,
marketing, and training for supplementary livelihoods.

SECTION 25: RIGHTS AND

PRIVILEGES OF FISHWORKERS
Fishworkers are entitled to labor protections under the Labor Code and Social
Security benefits, ensuring their coverage under worker rights legislation.
 26

ARTICLE II: COMMERCIAL

FISHERIES
 27
SECTION 26: COMMERCIAL
FISHING VESSEL LICENSE
AND OTHER LICENSES
No one can operate a commercial fishing vessel or engage in
related activities without a license from the Department. Large
vessels must operate in waters seven or more fathoms deep,
certified by NAMRIA.

SECTION 27: PERSONS

ELIGIBLE FOR COMMERCIAL
FISHING VESSEL LICENSE
Commercial fishing licenses are only issued to Filipino citizens or
entities with at least 60% Filipino ownership. Licenses cannot be
sold, transferred, or assigned.
 28
SECTION 28: COMMERCIAL
FISHING VESSEL
REGISTRATION
Fishing vessel registration, documentation, and manning must
follow existing laws and regulations.

SECTION 29: REGISTRATION

AND LICENSING OF FISHING
GEARS
Commercial fishing gear must be registered and licensed before
any fishing operations can begin.
 29

SECTION 30: RENEWAL OF

COMMERCIAL BOATS
LICENSE
Commercial fishing boat licenses must be renewed every three
years, with a 60-day period before expiration to file for renewal.

SECTION 31: REPORT OF

TRANSFER OF OWNERSHIP
Owners must notify the Department within ten days of
transferring ownership of a registered fishing vessel.
 30

SECTION 32: FISHING BY

PHILIPPINE COMMERCIAL
FISHING FLEET IN
INTERNATIONAL WATERS
Philippine fishing vessels can operate in international waters with
proper permits and clearances, and their catch is exempt from
import duties if landed in designated Philippine ports.
 31

SECTION 33: IMPORTATION

OF FISHING VESSELS OR
CONSTRUCTION OF NEW
FISHING BOATS
Department approval is required for importing or building new
fishing vessels.
 32

SECTION 34: INCENTIVES

FOR MUNICIPAL AND
SMALL-SCALE COMMERCIAL
FISHERFOLK
Incentives include at least 10% of government financing for post-
harvest and marketing projects, as well as capability-building
programs for fisherfolk.
 33

SECTION 35:
INCENTIVES FOR
COMMERCIAL
FISHERS TO FISH
FURTHER INTO
THE EEZ
Additional incentives such as tax exemptions
and credit facilities are granted to encourage
fishing in the Exclusive Economic Zone (EEZ)
and beyond.
 34

SECTION 36: COMPLEMENT

OF FISHING VESSELS
Fishing vessels must be manned according to Philippine Merchant
Marine rules.

SECTION 37: MEDICAL

SUPPLIES AND LIFE-SAVING
DEVICES
Vessels must have adequate medical supplies and life-saving
devices, and larger vessels (20 GT or more) must have a certified
first-aider on board.
 35

SECTION 38: REPORTORIAL

REQUIREMENTS
Commercial vessels must keep records of fish catch, spoilage, and
sales, which are reported monthly to the Department.

SECTION 39: REPORT OF

METEOROLOGICAL AND
OTHER DATA
Fishing vessels are required to contribute meteorological and
navigational data to assist in the fishing industry
 36

SECTION 40: COLOR CODE

AND RADIO FREQUENCY
Fishing vessels will have specific color codes and radio frequencies
assigned for administrative efficiency and enforcement.

SECTION 41: PASSAGE

Passage by commercial vessels not conducting fisheries activities
must follow designated navigational lanes.
 37

SECTION 42: TRANSSHIPMENT

Foreign fishing vessels can use Philippine facilities for
transshipment only through designated regional fish ports, after
securing clearance from the Department.
 38

SECTION 43: OPERATION OF

RADIO COMMUNICATION
FACILITIES ON BOARD
FISHING VESSELS
Guidelines for radio communication on fishing vessels will be
provided by the Department in coordination with the National
Telecommunications Commission.
 39

SECTION 44: USE OF

SUPERLIGHT
The use of super lights in commercial fishing vessels is regulated,
and they are banned within municipal waters and bays.
 40

ARTICLE III:
AQUACULTURE
 41

SECTION 45. DISPOSITION

OF PUBLIC LANDS FOR
FISHERY PURPOSES.
Public lands such as tidal swamps, mangroves, marshes, foreshore lands, and
ponds suitable for fishery operations shall not be alienated. However,
Fishpond Lease Agreements (FLAs) may be issued to public lands for fishpond
development, primarily to qualified fisherfolk cooperatives and associations.
Current FLA lessees are given priority for a 25-year extension. After this
period, these lands will be open to Filipino citizens, with preference for
qualified fisherfolk cooperatives/associations and small to medium
enterprises. Portions of these lands may be declared as fish sanctuaries for
conservation. Fish pens, cages, and traps will no longer be allowed in lakes
two years after the law’s effectivity.
 42

SECTION 46. LEASE OF

FISHPONDS.
Fishponds leased to individuals, cooperatives, and organizations are subject to the following
conditions:
a. Individuals can lease a maximum of 50 hectares; cooperatives, a maximum of 250
hectares.
b. The lease is valid for 25 years, renewable for another 25 years, with the lessee's heirs
having preemptive rights.
c. Lease rates will be determined by the Department, and collected fees will fund
aquaculture research.
d. Fishponds must be developed within three years, producing on a commercial scale, or the
land reverts to the public domain.
e. Subleasing is prohibited.
f. Transfers or assignments of FLA rights require prior written approval from the Department.
g. Lessees must conduct reforestation and provide facilities to minimize pollution.
 43

SECTION 47. CODE OF

PRACTICE FOR AQUACULTURE.
The Department will develop a Code of Practice for sustainable
and environmentally sound aquaculture, in consultation with
various stakeholders like the DENR, fisherfolk, and research
institutions.

SECTION 48. INCENTIVES AND

DISINCENTIVES FOR SUSTAINABLE
AQUACULTURE PRACTICES.
The Department will create incentives and disincentives to encourage
sustainable aquaculture practices, which may include effluent charges, user
fees, and negotiable permits.
 44

SECTION 49. REVERSION OF

ABANDONED, UNDEVELOPED, OR
UNDERUTILIZED FISHPONDS
The DENR, along with the Department, LGUs, and FARMCs, will
identify and revert abandoned, undeveloped, or underutilized
fishponds to their original mangrove state.

SECTION 50. ABSENTEE FISHPOND

LEASE AGREEMENT HOLDERS.
FLAs held by individuals who acquire foreign citizenship will be canceled,
and improvements on the land will be forfeited to the government.
 45

SECTION 51. LICENSE TO OPERATE

FISH PENS, CAGES, TRAPS, AND
OTHER STRUCTURES FOR FISH
CULTURE.
Fish pens, cages, and traps can only be constructed within zones designated
by LGUs in consultation with FARMCs. Not more than 10% of suitable water
areas will be allocated for aquaculture, and the Department will regulate
stocking density and feed requirements.
 46

SECTION 52. PEARL FARM LEASES.

Existing pearl farm leases will be respected. New leases may be
granted by LGUs to qualified individuals with sufficient capital and
technology.

SECTION 53. GRANT OF PRIVILEGES

FOR FISH PENS, CAGES, TRAPS, AND
SIMILAR STRUCTURES.
New licenses for the establishment or operation of fish pens, cages, traps,
and similar structures in municipal waters will only be granted to municipal
fisherfolk and their organizations.
 47

SECTION 54. INSURANCE FOR

FISHPONDS, FISH CAGES, AND FISH
PENS.
Inland fishponds, cages, and pens will be insured under the Philippine Crop
Insurance Corporation for losses caused by force majeure and other
unforeseeable events.

SECTION 55. NON-OBSTRUCTION TO

NAVIGATION.
Lessees or permittees cannot undertake constructions that obstruct
navigation or impede water flow to and from fishery areas. Any violation will
lead to the removal of the obstruction at the lessee's expense.
 48

SECTION 56. NON-OBSTRUCTION TO

DEFINED MIGRATION PATHS.
Constructions that obstruct migratory paths of fish species near river mouths or
estuaries are prohibited. LGUs, in consultation with FARMCs, will determine the
appropriate distance for such constructions.
 49

SECTION 57. REGISTRATION OF FISH

HATCHERIES AND PRIVATE
FISHPONDS
All fish hatcheries, breeding facilities, and private fishponds must be registered
with LGUs, which will set minimum standards in consultation with the
Department. The Department will conduct yearly inventories and require
operators to submit annual reports on species and production volume.
 50

ARTICLE IV: POST-HARVEST

FACILITIES, ACTIVITIES,
AND TRADES
 51

SECTION 58: COMPREHENSIVE POST-

HARVEST AND ANCILLARY
INDUSTRIES PLAN
The Department of Agriculture shall regularly study post-harvest fisheries
operations and create a comprehensive plan for the development of post-
harvest and ancillary industries, considering:
 Guidelines for the distribution, construction, and use of post-harvest facilities.
 Credit and incentives for post-harvest operations.
 Strengthening semi-processing, processing, and handling.
 Development of a domestic fishmeal industry.
 Establishment of shipbuilding and repair as a viable industry for fisheries.
 Marketing improvements to eliminate middlemen and foster collective
marketing.
 Enhanced involvement of cooperatives and NGOs in post-harvest operations.
 Integration of post-harvest operations into national fisheries plans.
 52

SECTION 59: ESTABLISHMENT OF

POST-HARVEST FACILITIES FOR
FISHING COMMUNITIES
Local Government Units (LGUs), in collaboration with the private sector and other
agencies, must set up post-harvest facilities, such as landing sites, ports, ice
plants, and processing centers, primarily serving municipal fisherfolk, aligned with
the comprehensive post-harvest plan.

SECTION 60: REGISTRATION AND

LICENSING OF POST-HARVEST
FACILITIES
All post-harvest facilities (e.g., fish processing plants, ice plants, and ports) must
register with and be licensed by LGUs, which will establish minimum standards in
consultation with the Department.
 53

SECTION 61: IMPORTATION AND

EXPORTATION OF FISHERY
PRODUCTS
• Exportation of fishery products will be regulated if it affects domestic food
security.
• Exporting live fish is prohibited unless propagated in accredited hatcheries.
• Spawners, breeders, eggs, and fry of bangus, prawn, and other endemic
species must not be exported to protect biodiversity.
• Fish imports require Department certification, except for those intended for
canning/processing.
• Import/export of fishery products requires a permit from the Department.
 54

SECTION 62: INSTRUMENTS OF

WEIGHTS AND MEASURES, AND
QUALITY GRADES/STANDARDS
Standards for weights, volume, and quality of fishery transactions will be set by
the Department. LGUs must penalize fraudulent practices and regulate the use
of measuring instruments.
 55

CHAPTER III:
RECONSTITUTION OF THE
BUREAU OF FISHERIES
AND AQUATIC RESOURCES
(BFAR) AND CREATION OF
FISHERIES AND AQUATIC
RESOURCES
MANAGEMENT COUNCILS
ARTICLE I: 56

RECONSTITUTION OF
THE BUREAU OF
FISHERIES AND AQUATIC
RESOURCES
 57

SECTION 63: CREATION OF THE

POSITION OF UNDERSECRETARY FOR
FISHERIES AND AQUATIC
RESOURCES
A new Undersecretary for Fisheries and Aquatic Resources will be appointed to
oversee the fishing industry. Responsibilities include:
• Setting policies and standards for fishing industry operations.
• Supervising all fishery-related offices and activities.
• Establishing regional, provincial, and other necessary fishery offices.
• Section 64: Reconstitution of BFAR
• BFAR is reconstituted as a line bureau under the Department of Agriculture.
 58

SECTION 65: FUNCTIONS OF BFAR

As a line bureau, BFAR is tasked with:
• Preparing and implementing the National Fisheries Industry Development
Plan.
• Issuing commercial fishing licenses.
• Monitoring joint fishing agreements between Filipino and foreign entities.
• Implementing a comprehensive fishery research program, including sea
farming and tropical fish culture.
• Maintaining a fishery information system.
• Supporting fisheries production, processing, and marketing.
• Ensuring quality fish handling from catch to market.
• Coordinating fishery production with LGUs and other organizations.
• Formulating fishery rules and regulations for conservation and management.
 59

SECTION 66: COMPOSITION OF BFAR

BFAR is led by a Director, assisted by two Assistant Directors overseeing
administrative and technical services. BFAR shall establish necessary regional,
provincial, and municipal offices.
 60

SECTION 67: FISHERIES INSPECTION

AND QUARANTINE SERVICE
BFAR’s Fisheries Inspection and Quarantine Service is responsible for:
• Conducting inspections and quality checks on all imported/exported fishery
products.
• Quarantining aquatic animals suspected of carrying pests or diseases.
• Ensuring that all fishery products meet international standards for quality and
safety.
• Documenting the movement and trade of fishery products.
ARTICLE II: FISHERIES
61

AND AQUATIC RESOURCES

MANAGEMENT COUNCILS
(FARMCS)
 62

SEC. 68: DEVELOPMENT OF

FISHERIES AND AQUATIC
RESOURCES IN MUNICIPAL
WATERS AND BAYS
Fisherfolk and their organizations residing within the
jurisdiction of barangays, municipalities, or cities shall,
together with the local government units (LGUs), develop
fishery and aquatic resources in municipal waters and bays.
 63

SEC. 69: CREATION OF

FISHERIES AND AQUATIC
RESOURCES MANAGEMENT
COUNCILS (FARMCS)
FARMCs shall be established at the national level and in all
municipalities or cities adjacent to municipal waters.
Fisherfolk organizations, cooperatives, and NGOs will form
FARMCs with assistance from LGUs and other government
entities. Consultations will be held prior to organizing
FARMCs.
 64

SEC. 70: NATIONAL

FISHERIES AND AQUATIC
RESOURCES MANAGEMENT
COUNCIL (NFARMC)
A National Fisheries and Aquatic Resources Management
Council (NFARMC) is established as an advisory body to the
Department of Agriculture. The NFARMC consists of 15
members, including government officials, fisherfolk, and
representatives from the commercial fishing sector, the
academe, and NGOs.
 65

SEC. 71: TERMS OF OFFICE

NFARMC members, except the Undersecretaries of Agriculture
and Interior and Local Government, serve three-year terms
without reappointment.

SEC. 72: FUNCTIONS OF THE

NFARMC
The NFARMC assists in formulating national fisheries policies,
preparing the National Fisheries Industry Development Plan,
and performing other functions as assigned by law.
 66

SEC. 73: MUNICIPAL/CITY

FISHERIES AND AQUATIC
RESOURCES MANAGEMENT
COUNCILS (M/CFARMCS)
M/CFARMCs are created in municipalities and cities with
adjacent municipal waters. Barangay and Lakewide FARMCs
may also be established to serve as advisory bodies to
LGUs.
 67

SEC. 74: FUNCTIONS OF THE

M/CFARMCS
The M/CFARMCs assist in preparing the Municipal Fishery
Development Plan, recommend municipal fishery ordinances,
assist in law enforcement, advise the sangguniang
bayan/panlungsod on fishery matters, and perform other
relevant functions.

SEC. 75: COMPOSITION OF

THE M/CFARMCS
M/CFARMCs include municipal/city planning development
officers, committee chairpersons, representatives from NGOs,
the private sector, and at least 11 fisherfolk representatives
(including youth and women).
 68
SEC. 76: INTEGRATED
FISHERIES AND AQUATIC
RESOURCES MANAGEMENT
COUNCILS (IFARMCS)
IFARMCs are created in bays, gulfs, lakes, rivers, and dams
shared by two or more municipalities/cities.

SEC. 77: FUNCTIONS OF THE

IFARMCS
The IFARMCs assist in preparing Integrated Fishery
Development Plans, recommend integrated fishery ordinances,
assist in law enforcement, and advise on fishery matters.
 69

SEC. 78: COMPOSITION OF

THE IFARMCS
IFARMC members include representatives from
agriculture/fisheries committees, municipal/city development
officers, NGOs, the private sector, and at least nine fisherfolk
representatives.

SEC. 79: SOURCE OF FUNDS

FOR FARMCS
Separate funds for the NFARMC, IFARMCs, and M/CFARMCs will
be established and managed by the Department from regular
budget appropriations.
 70

CHAPTER V: FISHERIES
RESEARCH AND
DEVELOPMENT
SEC. 82: CREATION OF A
NATIONAL FISHERIES RESEARCH
AND DEVELOPMENT INSTITUTE
(NFRDI)
The National Fisheries Research and Development Institute (NFRDI) is
created to enhance the development, management, conservation, and
protection of the country's fisheries and aquatic resources. It is part of the
National Research and Development Network under the Department of
Science and Technology (DOST) and serves as the primary research arm of
the Bureau of Fisheries and Aquatic Resources (BFAR). The Institute is
governed by a board, responsible for policy and operations.
The Governing Board consists of:

• The Undersecretary for Fisheries (Chairman)

• The Director of BFAR (Vice Chairman)
• The Executive Director of NFRDI (Member)
• The Director General of PCAMRD (Member)
• One representative from the academe (Member)
• Four private sector representatives from the following subsectors:
Municipal Fisherfolk, Commercial Fishing Operator, Aquaculture Operator,
and Post-Harvest/Processors
• NFRDI will have an independent budget to ensure the objective execution
of research activities.
SEC. 83: QUALIFICATION
STANDARD
The NFRDI will be headed by an Executive Director, appointed by the
President upon recommendation by the governing board. The Executive
Director must hold a Doctorate in fisheries or a related discipline. The
organizational structure and staffing patterns must be approved by the
Department, with scientific and technical personnel remunerations based on
the qualification standards for science and technology staff.
SEC. 84: RESEARCH AND
DEVELOPMENT OBJECTIVES
The NFRDI’s research aims to:

• Increase fisherfolk income and position the Philippines among the top five
countries in global fish production.
• Make the country's high-seas fishing industry globally competitive.
• Conduct social research on fisherfolk families to better understand their
conditions and needs.
• Coordinate with fisheries schools, LGUs, and the private sector to
maximize technology utilization and facilitate its transfer to the industry,
particularly to fisherfolk.
SEC. 85: FUNCTIONS OF THE
NFRDI
As a national institute, the NFRDI will:
• Establish a national infrastructure unit equipped with advanced
technology and scientific equipment to monitor and implement fisheries
research activities.
• Provide a venue for intensive training and development of human
resources in the fisheries sector.
• Serve as a repository for all fisheries research and scientific information.
• Expedite the economic potential of the fisheries sector through research,
in line with national fisheries conservation and development programs,
possibly in collaboration with international institutions.
• Establish, strengthen, and expand the network of fisheries research
communities nationwide, fostering effective communication linkages.
 76

CHAPTER VI
PROHIBITIONS AND
PENALTIES
 77

SEC. 86: UNAUTHORIZED FISHING

Prohibition: Engaging in fishing or related activities without a valid license
or permit is illegal. Discovery without documentation serves as prima facie
evidence of unauthorized activity.
Exceptions: Non-commercial fishing for personal sustenance or leisure is
allowed.
Penalties: Commercial fishers violating these rules face fines equal to the
value of the catch or ₱10,000, imprisonment of up to six months,
confiscation of catch and equipment, and revocation of licenses.

SEC. 87: POACHING

Prohibition: Foreign entities are not allowed to fish in Philippine waters.
Penalties: Violators face fines of $100,000, confiscation of catch and
equipment, and potential administrative fines from $50,000 to $200,000.
 78

SEC. 87: USE OF DESTRUCTIVE

METHODS
Prohibition: Catching fish using explosives, noxious substances, or
electricity is illegal.
Penalties:
• Mere possession: 6 months to 2 years imprisonment.
• Actual use: 5 to 10 years imprisonment.
• Selling illegally caught fish: 6 months to 2 years imprisonment.
• All involved equipment will be confiscated.
 79

SEC. 88: USE OF DESTRUCTIVE

METHODS
Prohibition: Catching fish using explosives, noxious substances, or
electricity is illegal.
Penalties:
• Mere possession: 6 months to 2 years imprisonment.
• Actual use: 5 to 10 years imprisonment.
• Selling illegally caught fish: 6 months to 2 years imprisonment.
• All involved equipment will be confiscated.
 80

SEC. 89: USE OF FINE MESH NETS

Prohibition: Using nets with mesh sizes smaller than specified is illegal,
except for specific small fish gatherings.
Penalties: Fines from ₱2,000 to ₱20,000 or imprisonment up to 2 years,
with potential additional penalties for boat captains and operators.

SEC. 90: ACTIVE FISHING GEAR

RESTRICTIONS
Prohibition: Using active fishing gear in municipal waters and certain
management areas is illegal.
Penalties: Boat captains may face 2 to 6 years imprisonment, with fines for
vessel owners.
SEC. 91 - 92: CORAL AND MARINE 81

HABITAT PROTECTION
Prohibitions: Gathering or selling corals and using destructive fishing
methods (like Muro-Ami) is illegal.
Penalties: Imprisonment from 6 months to 10 years and substantial fines,
with confiscation of the catch and gear.

SEC. 93 - 100: FISHING

REGULATIONS
Prohibitions: Use of super lights in municipal waters, fishing in overfished
areas or closed seasons, capturing rare species, and aquatic pollution.
Penalties: Varying fines and imprisonment depending on the severity of the
violation, with potential confiscation of gear and catch.
 82

SEC. 103 - 107: MISCELLANEOUS

VIOLATIONS
Prohibitions: Include failing to comply with safety standards, unlicensed
operations, and obstruction of law enforcement.
Penalties: Range from fines to imprisonment, and offenders face
confiscation of illegal gains or tools.
 83

CHAPTER VII
GENERAL PROBITIONS
 84

SEC. 108. FISHERFOLK

SETTLEMENT AREAS
Establishes areas for municipal fisherfolk near fishing grounds to promote
their settlement.

SEC. 109. MUNICIPAL FISHERIES

GRANT FUND
Establishment: Creates a fund specifically for the development and
conservation of municipal fisheries.
Funding: An initial allocation of ₱100 million from the General
Appropriations Act (GAA).
Objective: Support LGU (Local Government Unit) projects aimed at
improving the welfare of municipal fisherfolk.
 85

SEC. 110. FISHERY LOAN AND

GUARANTEE FUND
Purpose: Facilitates access to loans for fisherfolk to develop the fishery
industry.
Management: Administered by the Land Bank of the Philippines with an
initial amount of ₱100 million.
Conditions: Loans are for qualified borrowers, enhancing financial support
SEC. 111. FISHING VESSELS
in the sector.

DEVELOPMENT FUND
Creation: Fund for the enhancement of fishing vessel construction and
acquisition.
Financial Commitment: ₱250 million annually for five years from the GAA.
Impact: Encourages investment in better fishing technology and vessels.
 86

SEC. 112. SPECIAL FISHERIES

SCIENCE AND APPROFISHTECH
FUND
Objective: Supports the development of sustainable and labor-intensive
fishery technologies.
Funding: Initial authorization of ₱100 million, with future allocations from
the GAA.

SEC. 113. AQUACULTURE

INVESTMENT FUND
Goal: Provide soft loans for municipal fisherfolk engaging in aquaculture.
Funding: Minimum of ₱50 million to develop underutilized inland fishponds.
Significance: Promotes sustainable aquaculture practices.
 87

SEC. 114. OTHER FISHERIES

FINANCING FACILITIES
Support: Additional credit and grant facilities for qualified fisherfolk and
fisheries enterprises.
Focus: Preference for fisheries cooperatives in accessing these facilities.

SEC. 115. PROFESSIONALIZATION

OF FISHERIES GRADUATES
Establishment of Board: Creates a Fisheries Board of Examiners to
upgrade the fisheries profession.
Eligibility: Automatic eligibility for those who passed the Civil Service
Examination for Fisheries with five years of service.
Examination: First board exam for B.S. Fisheries graduates within a year of
the Code's approval.
 88

SEC. 116. UPGRADING OF STATE

FISHERIES SCHOOLS/COLLEGES
Collaboration: The department works with CHED, DECS, and TESDA to
improve fisheries education.
Curriculum Development: Incorporation of Approfishtech in fisheries
curricula.
Standards: Fisheries schools not meeting standards may be closed.
SEC. 117. INCLUSION OF FISHERIES
CONSERVATION SUBJECTS IN
SCHOOL CURRICULUM
Objective: Integrate fisheries conservation education into both
public and private elementary and secondary curricula.
 89

SEC. 118. EDUCATIONAL

CAMPAIGN AT ALL LEVELS
Initiative: Nationwide campaign promoting sustainable fisheries practices
and awareness.
Goals: Support implementation of the Code and environmental
conservation.
SEC. 119. INFRASTRUCTURE
SUPPORT
Plans: Development of municipal fishing ports and markets.
Priorities: Farm-to-market roads, community infrastructure, and quality
laboratories for fishery products.
Support: Financing arrangements for cooperative facilities.
 90

SEC. 120. EXTENSION SERVICES

Objective: Develop practical extension services for fisherfolk, especially in
underdeveloped areas.
Focus: Utilize local resources for self-reliance and assistance.

SEC. 121. PROTECTION OF

SENSITIVE TECHNICAL INFORMATION
Measures: Protect vital technical information from being disclosed to
ensure competitiveness in fisheries.
 91

SEC. 122. ASSISTANCE IN

COLLECTING INFORMATION
Coordination: Collaboration with other entities to assist in fisheries data
collection.

SEC. 123. CHARTING OF NAVIGATIONAL

LANES AND DELINEATION OF
MUNICIPAL WATERS
Authorization: NAMRIA to designate navigational lanes and municipal
waters with oversight by the Philippine Coast Guard.
 92

SEC. 124. PERSONS AND DEPUTIES

AUTHORIZED TO ENFORCE THIS
CODE AND OTHER FISHERY LAWS
Enforcement: Multiple agencies empowered to enforce fishery laws.
Training: Designation of trained personnel as deputy fish wardens.

SEC. 125. STRENGTHENING

PROSECUTION AND CONVICTION OF
VIOLATORS OF FISHERY LAWS
DOJ Initiative: Focus on enhancing prosecution and training for state
prosecutors on fishery laws.
 93

SEC. 126. FOREIGN GRANTS AND

AIDS
Regulation: Evaluation of foreign assistance to align with national goals in
the fishing industry.

SEC. 127. MANDATORY REVIEW

Review Period: Congress to review the Code at least every five years to
ensure relevance and responsiveness to changing circumstances.
THANK
YOU
DE CASTRO, DIANNE D.
DAMILIG, ROSE ANNE B.