RA 8550 the Philippine Fisheries Code of 1998

7/25/2019 RA 8550 the Philippine Fisheries Code of 1998

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Republic of the Philippines

Congress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8550 February 25, !!8

AN ACT PR"#$%$N& F"R T'( %(#()"P*(NT, *ANA&(*(NT AN% C"N+(R#AT$"N

"F T'( F$+'(R$(+ AN% A-AT$C R(+"-RC(+, $NT(&RAT$N& A)) )A+

P(RT$N(NT T'(R(T", AN% F"R "T'(R P-RP"+(+

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

+ection . Title. - This Act shall be known as /The Philippine Fisheries Code of 1998./

C'APT(R $

%eclaration of Policy an %efinitions

+ection 2. Declaration of Policy. - It is hereby declared the policy of the State:

(a) to achieve food security as the overriding consideration in the utiliation! "anage"ent!

develop"ent! conservation and protection of fishery resources in order to provide the food

needs of the population# A fle$ible policy towards the attain"ent of food security shall be

adopted in response to changes in de"ographic trends for fish! e"erging trends in the trade of

fish and other a%uatic products in do"estic and international "arkets! and the law of supply and

de"and&

(b) to li"it access to the fishery and a%uatic resources of the 'hilippines for the e$clusive use

and enoy"ent of ilipino citiens&

(c) to ensure the rational and sustainable develop"ent! "anage"ent and conservation of the

fishery and a%uatic resources in 'hilippine waters including the *$clusive *cono"ic +one

(**+) and in the adacent high seas! consistent with the pri"ordial obective of "aintaining a

sound ecological balance! protecting and enhancing the %uality of the environ"ent&

(d) to protect the rights of fisherfolk! especially of the local co""unities with priority to

"unicipal fisherfolk! in the preferential use of the "unicipal waters# Such preferential use! shall

be based on! but not li"ited to! Ma$i"u" Sustainable ,ield (MS,) or Total Allowable atch(TA) on the basis of resources and ecological conditions! and shall be consistent with our

co""it"ents under international treaties and agree"ents&

(e) to provide support to the fishery sector! pri"arily to the "unicipal fisherfolk! including

wo"en and youth sectors! through appropriate technology and research! ade%uate financial!

production! construction of post-harvest facilities! "arketing assistance! and other services# The

protection of "unicipal fisherfolk against foreign intrusion shall e$tend to offshore fishing



grounds# ishworkers shall receive a ust share for their labor in the utiliation of "arine and

fishery resources&

(f) to "anage fishery and a%uatic resources! in a "anner consistent with the concept of an

integrated coastal area "anage"ent in specific natural fishery "anage"ent areas! appropriately

supported by research! technical services and guidance provided by the State& and

(g) to grant the private sector the privilege to utilie fishery resources under the basic concept

that the grantee! licensee or per"ittee thereof shall not only be a privileged beneficiary of the

State but also active participant and partner of the .overn"ent in the sustainable develop"ent!

"anage"ent! conservation and protection of the fishery and a%uatic resources of the country#

The state shall ensure the attain"ent of the following obectives of the fishery sector:

/# onservation! protection and sustained "anage"ent of the country0s fishery and a%uatic

resources&

1# 'overty alleviation and the provision of supple"entary livelihood a"ong "unicipal

fisherfolk&

2# I"prove"ent of productivity of a%uaculture within ecological li"its&

3# 4pti"al utiliation of offshore and deep-sea resources& and

5# 6pgrading of post-harvest technology#

+ection 1. Application of its Provisions. - The provisions of this ode shall be enforced in:

(a) all 'hilippine waters including other waters over which the 'hilippines has sovereignty and

urisdiction! and the country0s 177-nautical "ile *$clusive *cono"ic +one (**+) and

continental shelf&

(b) all a%uatic and fishery resources whether inland! coastal or offshore fishing areas! including

but not li"ited to fishponds! fishpens8cages& and

(c) all lands devoted to a%uaculture! or businesses and activities relating to fishery! whether

private or public lands#

+ection . Definition of Terms. - As used in this ode! the following ter"s and phrases shall "ean as

follows:

/# Ancillary Industries - fir"s or co"panies related to the supply! construction and "aintenanceof fishing vessels! gears! nets and other fishing paraphernalia& fishery "achine shops& and other

facilities such as hatcheries! nurseries! feed plants! cold storage and refrigeration! processing

plants and other pre-harvest and post-harvest facilities#

1# Appropriate ishing Technology - adaptable technology! both in fishing and ancillary

industries! that is ecologically sound! locally source-based and labor intensive#

2# A%uaculture - fishery operations involving all for"s of raising and culturing fish and other



fishery species in fresh! brackish and "arine water areas#

3# A%uatic 'ollution - the introduction by hu"an or "achine! directly or indirectly! of

substances or energy to the a%uatic environ"ent which result or is likely to result in such

deleterious effects as to har" living and non-living a%uatic resources! pose potential and8or real

haard to hu"an health! hindrance to a%uatic activities such as fishing and navigation! including

du"ping8disposal of waste and other "arine litters! discharge of petroleu" or residual productsof petroleu" or carbonaceous "aterials8substances! and other! radioactive! no$ious or har"ful

li%uid! gaseous or solid substances! fro" any water! land or air transport or other hu"an-"ade

structure# 9eforestation! unsound agricultural practices such as the use of banned che"icals and

e$cessive use of che"icals! intensive use of artificial fish feed! and wetland conversion! which

cause si"ilar haards and deleterious effects shall also constitute a%uatic pollution#

5# A%uatic esources - includes fish! all other a%uatic flora and fauna and other living resources

of the a%uatic environ"ent! including! but not li"ited to! salt and corals#

;# Artificial eefs - any structure of natural or "an-"ade "aterials placed on a body of water toserve as shelter and habitat! source of food! breeding areas for fishery species and shoreline

protection#

<# atch eilings - refer to the annual catch li"its allowed to be taken! gathered or harvested

fro" any fishing area in consideration of the need to prevent overfishing and har"ful depletion

of breeding stocks of a%uatic organis"s#

=# losed Season - the period during which the taking of specified fishery species by a specified

fishing gear is prohibited in a specified area or areas in 'hilippine waters#

># oastal Area8+one - is a band of dry land and adacent ocean space (water and sub"ergedland# in which terrestrial processes and uses directly affect oceanic processes and uses! and vice

versa& its geographic e$tent "ay include areas within a land"ark li"it of one (/# kilo"eter fro"

the shoreline at high tide to include "angrove swa"ps! brackish water ponds! nipa swa"ps!

estuarine rivers! sandy beaches and other areas within a seaward li"it of 177 "eters isobath to

include coral reefs! algal flats! seagrass beds and other soft-botto" areas#

/7# o""ercial ishing - the taking of fishery species by passive or active gear for trade!

business ? profit beyond subsistence or sports fishing! to be further classified as:

(/) S"all scale co""ercial fishing - fishing with passive or active gear utiliing fishing

vessels of 2#/ gross tons (.T) up to twenty (17) .T&

(1) Mediu" scale co""ercial fishing - fishing utiliing active gears and vessels of 17#/

.T up to one hundred fifty (/57) .T& and

(2) @arge co""ercial fishing - fishing utiliing active gears and vessels of "ore than

one hundred fifty (/57) .T#

//# o""ercial Scale - a sche"e of producing a "ini"u" harvest per hectare per year of



"ilkfish or other species including those raised in pens! cages! and tanks to be deter"ined by

the 9epart"ent in consultation with the concerned sectors&

/1# oral - the hard calcareous substance "ade up of the skeleton of "arine coelenterate polyps

which include reefs! shelves and atolls or any of the "arine coelenterate ani"als living in

colonies where their skeletons for" a stony "ass# They include: (a# skeletons of anthooan

coelenterates characteried as having a rigid a$is of co"pact calcareous or horny spicules! belonging to the genus coralliu" as represented by the red! pink! and white corals which are

considered precious corals& (b# skeletons of anthooan coelenterates characteried by thorny!

horny a$is such as the antipatharians represented by the black corals which are considered se"i-

precious corals& and (c# ordinary corals which are any kind of corals that are not precious nor

se"i-precious#

/2# oral eef - a natural aggregation of coral skeleton! with or without living coral polyps!

occurring in intertidal and subtidal "arine waters#

/3# 9e"arcated Areas - boundaries defined by "arkers and assigned e$clusively to specificindividuals or organiations for certain specified and li"ited uses such as:

(a) A%uaculture! sea ranching and sea far"ing&

(b) ish aggregating devices&

(c) i$ed and passive fishing gears& and

(d) ry and fingerlings gathering#

/5# 9epart"ent - shall "ean the 9epart"ent of Agriculture#

/;# *lectrofishing - 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 sa"e are subse%uently recovered#

/<# *ndangered are and8or Threatened Species - a%uatic plants! ani"als! including so"e

varieties of corals and sea shells in danger of e$tinction as provided for in e$isting fishery laws!

rules and regulations or in the 'rotected Areas and ildlife Bureau of the 9epart"ent of

*nviron"ent and Catural esources (9*C# and in the onvention on the International Trade

of *ndangered Species of lora and auna (IT*S)#

/=# *$clusive *cono"ic +one (**+# - an area beyond and adacent to the territorial sea which

shall not e$tend beyond 177 nautical "iles fro" the baselines as defined under e$isting laws#

/># AMs - the isheries and A%uatic esources Manage"ent ouncils#

17# ar"-to-Market oads - shall include roads linking the fisheries production sites! coastal

landing points and other post-harvest facilities to "aor "arket and arterial roads and highways#

1/# ine Mesh Cet - net with "esh sie of less than three centi"eters (2 c"## "easured between

two (1# opposite knots of a full "esh when stretched or as otherwise deter"ined by the



appropriate govern"ent agency#

11# ish and ishery8A%uatic 'roducts - include not only finfish but also "ollusks! crustaceans!

echinoder"s! "arine "a""als! and all other species of a%uatic flora and fauna and all other

products of a%uatic living resources in any for"#

12# ish age - refers to an enclosure which is either stationary or floating "ade 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 wooden8ba"boo posts or various types of anchors and floats#

13# ish orral or DBakladD - a stationary weir or trap devised to intercept and capture fish

consisting of rows of ba"boo stakes! plastic nets and other "aterials fenced with split blood

"attings or wire "attings with one or "ore enclosures! usually with easy entrance but difficult

e$it! and with or without leaders to direct the fish to the catching cha"bers! purse or bags#

15# ish fingerlings - a stage in the life cycle of the fish "easuring to about ;-/2 c"# depending

on the species#

1;# ish fry - a stage at which a fish has ust been hatched usually with sies fro" /-1#5 c"#

1<# ish pen - an artificial enclosure constructed within a body of water for culturing fish and

fishery8a%uatic resources "ade up of poles closely arranged in an enclosure with wooden

"aterials! screen or nylon netting to prevent escape of fish#

1=# isherfolk - people directly or personally and physically engaged in taking and8or culturing

and processing fishery and8or a%uatic resources#

1># isherfolk ooperative - a duly registered association of fisherfolk with a co""on bond of

interest! who have voluntarily oined together to achieve a lawful co""on social or econo"ic

end! "aking e%uitable contribution to the capital re%uire"ent and accepting a fair share of the

risks and benefits of the undertakings in accordance with universally accepted cooperative

principles#

27# isherfolk 4rganiation - an organied group! association! federation! alliance or an

institution of fisherfolk which has at least fifteen (/5# "e"bers! a set of officers! a constitution

and by-laws! an organiational structure and a progra" of action#

2/# isheries - refers to all activities relating to the act or business of fishing! culturing!

preserving! processing! "arketing! developing! conserving and "anaging a%uatic resources and

the fishery areas! including the privilege to fish or take a%uatic resource thereof#

21# ish 'ond - a land-based facility enclosed with earthen or stone "aterial to i"pound water

for growing fish#

22# ishing Boat8.ear @icense - a per"it to operate specific types of fishing boat8gear for

specific duration in areas beyond "unicipal waters for de"ersal or pelagic fishery resources#

23# ishery Manage"ent Areas - a bay! gulf! lake or any other fishery area which "ay be



delineated for fishery resource "anage"ent purposes#

25# ishery 4perator - one who owns and provides the "eans including land! labor! capital!

fishing gears and vessels! but does not personally engage in fishery#

2;# ishery efuge and Sanctuaries - a designated area where fishing or other for"s of activities

which "ay da"age the ecosyste" of the area is prohibited and hu"an access "ay be restricted#

2<# ishery eserve - a designated area where activities are regulated and set aside for

educational and research purposes#

2=# ishery Species - all a%uatic flora and fauna including! but not restricted to! fish! algae!

coelenterates! "ollusks! crustaceans! echinoder"s and cetaceans#

2># ishing - the taking of fishery species fro" their wild state of habitat! with or without the

use of fishing vessels#

37# ishing gear - any instru"ent or device and its accessories utilied in taking fish and other

fishery species#

(a) Active fishing gear - is a fishing device characteried by gear "ove"ents! and8or the

pursuit of the target species by towing! lifting! and pushing the gears! surrounding!

covering! dredging! pu"ping and scaring the target species to i"pound"ents& such as!

but not li"ited to! trawl! purse seines! 9anish seines! bag nets! paaling! drift gill net and

tuna longline#

(b) 'assive fishing gear - is characteried by the absence of gear "ove"ents and8or the

pursuit of the target species& such as! but not li"ited to! hook and line! fishpots! traps and

gill nets across the path of the fish#

3/# ishing vessel - any boat! ship or other watercraft e%uipped to be used for taking of fishery

species or aiding or assisting one (/# or "ore vessels in the perfor"ance of any activity relating

to fishing! including! but not li"ited to! preservation! supply! storage! refrigeration!

transportation and8or processing#

31# ishing with *$plosives - the use of the dyna"ite! other e$plosives or other che"ical

co"pounds that contain co"bustible ele"ents or ingredients which upon ignition by friction!

concussion! percussion or detonation of all or parts of the co"pound! will kill! stupefy! disable

or render unconscious any fishery species# It also refers to the use of any other substance and8or

device which causes an e$plosion that is capable of producing the said har"ful effects on any

fishery species and a%uatic resources and capable of da"aging and altering the natural habitat#

32# ishing with Co$ious or 'oisonous Substances - the use of any substance! plant e$tracts or

uice thereof! sodiu" cyanide and8or cyanide co"pounds or other che"icals either in a raw or

processed for"! har"ful or har"less to hu"an beings! which will kill! stupefy! disable or render

unconscious any fishery species and a%uatic resources and capable of da"aging and altering the

natural habitat#



33# ishworker - a person regularly or not regularly e"ployed in co""ercial fishing and related

industries! whose inco"e is either in wage! profit-sharing or stratified sharing basis! including

those working in fish pens! fish cages! fish corrals8traps! fishponds! prawn far"s! sea far"s! salt

beds! fish ports! fishing boat or trawlers! or fish processing and8or packing plants# *$cluded

fro" this category are ad"inistrators! security guards and overseers#

35# ood Security - refers to any plan! policy or strategy ai"ed at ensuring ade%uate supplies of appropriate food at affordable prices# ood security "ay be achieved through self-sufficiency

(i#e# ensuring ade%uate food supplies fro" do"estic production)! through self-reliance (i#e#

ensuring ade%uate food supplies through a co"bination of do"estic production and

i"portation)! or through pure i"portation#

3;# oreshore @and - a string of land "argining a body of water& the part of a seashore between

the low-water line usually at the seaward "argin of a low tide terrace and the upper li"it of

wave wash at high tide usually "arked by a beach scarp or ber"#

3<# ully-developed ishpond Area - a clean leveled area enclosed by dikes! at least one foothigher than the highest floodwater level in the locality and strong enough to resist pressure at

the highest flood tide& consists of at least a nursery pond! a transition pond! a rearing pond or a

co"bination of any or all said classes of ponds! and a functional water control syste" and

producing in a co""ercial scale#

3=# .ross Tonnage - includes the underdeck tonnage! per"anently enclosed spaces above the

tonnage deck! e$cept for certain e$e"ptions# In broad ter"s! all the vessel0s 0closed-in0 spaces

e$pressed in volu"e ter"s on the bases of one hundred cubic feet (that e%uals one gross ton)#

3># Inland ishery - the freshwater fishery and brackishwater fishponds#

57# @ake - an inland body of water! an e$panded part of a river! a reservoir for"ed by a da"! or

a lake basin inter"ittently or for"erly covered by water#

5/# @i"ited Access - a fishery policy by which a syste" of e%uitable resource and allocation is

established by law through fishery rights granting and licensing procedure as provided by this

ode#

51# Mangroves - a co""unity of intertidal plants including all species of trees! shrubs! vines

and herbs found on coasts! swa"ps! or border of swa"ps#

52# Ma$i"u" Sustainable ,ield (MS,# - is the largest average %uantity of fish that can beharvested fro" a fish stocks8resource within a period of ti"e (e#g# one year# on a sustainable

basis under e$isting environ"ental conditions#

53# Migratory species - refers to any fishery species which in the course of their life could travel

fro" freshwater to "arine water or vice versa! or any "arine species which travel over great

distances in waters of the ocean as part of their behavioral adaptation for survival and

speciation:



(a) Anadro"ous species - "arine fishes which "igrate to freshwater areas to spawn&

(b) atadro"ous species - freshwater fishes which "igrate to "arine areas to spawn#

55# Monitoring! control and surveillance -

(a) Monitoring - the re%uire"ent of continuously observing: (/) fishing effort which can

be e$pressed by the nu"ber of days or hours of fishing! nu"ber of fishing gears andnu"ber of fisherfolk& (1) characteristics of fishery resources& and (2) resource yields

(catch)&

(b) ontrol - the regulatory conditions (legal fra"ework) under which the e$ploitation!

utiliation and disposition of the resources "ay be conducted& and

(c) Surveillance - the degree and types of observations re%uired to "aintain co"pliance

with regulations#

5;# Municipal fisherfolk - persons who are directly or indirectly engaged in "unicipal fishing

and other related fishing activities#

5<# Municipal fishing - refers to fishing within "unicipal waters using fishing vessels of three

(2# gross tons or less! or fishing not re%uiring the use of fishing vessels#

5=# Municipal waters - include not only strea"s! lakes! inland bodies of water and tidal waters

within the "unicipality which are not included within the protected areas as defined under

epublic Act Co# <5=; (The CI'AS @aw)! public forest! ti"ber lands! forest reserves or fishery

reserves! but also "arine waters included between two (1# lines drawn perpendicular to the

general coastline fro" points where the boundary lines of the "unicipality touch the sea at low

tide and a third line parallel with the general coastline including offshore islands and fifteen (/5#

kilo"eters fro" such coastline# here two (1# "unicipalities are so situated on opposite shores

that there is less than thirty (27# kilo"eters of "arine waters between the"! the third line shall

be e%ually distant fro" opposite shore of the respective "unicipalities#

5># Con-govern"ental organiation (C.4# - an agency! institution! a foundation or a group of

persons whose purpose is to assist peoples organiations8associations in various ways including!

but not li"ited to! organiing! education! training! research and8or resource accessing#

;7# 'ayao - a fish aggregating device consisting of a loating raft anchored by a weighted line

with suspended "aterials such as pal" fronds to attract pelagic and schooling species co""on

in deep waters#

;/# 'earl ar" @ease - public waters leased for the purpose of producing cultured pearls#

;1# 'eople0s 4rganiation - a bona fide association of citiens with de"onstrated capacity to

pro"ote the public interest and with identifiable leadership! "e"bership and structure# Its

"e"bers belong to a sector8s who voluntarily band the"selves together to work for and by

the"selves for their own uplift"ent! develop"ent and greater good#



;2# 'erson - natural or uridical entities such as individuals! associations! partnership!

cooperatives or corporations#

;3# 'hilippine waters - include all bodies of water within the 'hilippine territory such as lakes!

rivers! strea"s! creeks! brooks! ponds! swa"ps! lagoons! gulfs! bays and seas and other bodies

of water now e$isting or which "ay hereafter e$ist in the provinces! cities! "unicipalities! and

barangays and the waters around! between and connecting the islands of the archipelagoregardless of their breadth and di"ensions! the territorial sea! the sea beds! the insular shelves!

and all other waters over which the 'hilippines has sovereignty and urisdiction including the

177-nautical "iles *$clusive *cono"ic +one and the continental shelf#

;5# 'ost-harvest facilities - these facilities include! but are not li"ited to! fishport! fishlanding!

ice plants and cold storages! fish processing plants#

;;# 'urse Seine - a for" of encircling net having a line at the botto" passing through rings

attached to the net! which can be drawn or pursed# In general! the net is set fro" a boat or pair

of boats around the school of fish# The botto" of the net is pulled closed with the purse line#The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt

or fish bag#

;<# esource ent - the difference between the value of the products produced fro" harvesting

a publicly owned resource less the cost of producing it! where cost includes the nor"al return to

capital and nor"al return to labor#

;=# Sea far"ing - the stocking of natural or hatchery-produced "arine plants or ani"als! under

controlled conditions! for purposes of rearing and harvesting! but not li"ited to co""ercially-

i"portant fishes! "ollusks (such as pearl and giant cla" culture)! including seaweeds and

seagrasses#

;># Sea ranching - the release of the young of fishery species reared in hatcheries and nurseries

into natural bodies of water for subse%uent harvest at "aturity or the "anipulation of fishery

habitat! to encourage the growth of the wild stocks#

<7# Secretary - the Secretary of the 9epart"ent of Agriculture#

</# Superlight - also called "agic light! is a type of light using halogen or "etal halide bulb

which "ay be located above the sea surface or sub"erged in the water# It consists of a ballast!

regulator! electric cable and socket# The source of energy co"es fro" a generator! battery or

dyna"o coupled with the "ain engine#

<1# Total Allowable atch (TA# - the "a$i"u" harvest allowed to be taken during a given

period of ti"e fro" any fishery area! or fro" any fishery species or group of fishery species! or

a co"bination of area and species and nor"ally would not e$ceed the MS,#

<2# Trawl - an active fishing gear consisting of a bag shaped net with or without otter boards to

open its opening which is dragged or towed along the botto" or through the water colu"n to



take fishery species by straining the" fro" the water! including all variations and "odifications

of trawls (botto"! "id-water! and baby trawls) and tow nets#

C'APT(R $$

-tili3ation, *anage4ent, %eelop4ent, Conseration an Allocation +yste4 of Fisheries an

A6uatic Resources

+ection 5. Use of Philippine Waters. - The use and e$ploitation of the fishery and a%uatic resources in

'hilippine waters shall be reserved e$clusively to ilipinos: 'rovided! however! That research and

survey activities "ay be allowed under strict regulations! for purely research! scientific! technological

and educational purposes that would also benefit ilipino citiens#

+ection 7. Fees and Other Fishery Chares. - The rentals for fishpond areas covered by the ishpond

@ease Agree"ent (@A) and license fees for o""ercial ishing Boat @icenses (B@) shall be set at

levels that reflect resource rent accruing fro" the utiliation of resources and shall be deter"ined by

the 9epart"ent: 'rovided! That the 9epart"ent shall also prescribe fees and other fishery charges and

issue the corresponding license or per"it for fishing gear! fishing accessories and other fisheryactivities beyond the "unicipal waters: 'rovided! further! That the license fees of fishery activity in

"unicipal waters shall be deter"ined by the @ocal .overn"ent 6nits (@.6s) in consultation with the

AMs# The AMs "ay also reco""end the appropriate license fees that will be i"posed#

+ection . Access to Fishery !eso"rces. - The 9epart"ent shall issue such nu"ber of licenses and

per"its for the conduct of fishery activities subect to the li"its of the MS, of the resource as

deter"ined by scientific studies or best available evidence# 'reference shall be given to resource users

in the local co""unities adacent or nearest to the "unicipal waters#

+ection 8. Catch Ceilin #imitations. - The Secretary "ay prescribe li"itations or %uota on the total

%uantity of fish captured! for a specified period of ti"e and specified area based on the best available

evidence# Such a catch ceiling "ay be i"posed per species of fish whenever necessary and practicable:

'rovided! however! That in "unicipal waters and fishery "anage"ent areas! and waters under the

urisdiction of special agencies! catch ceilings "ay be established upon the concurrence and approval

or reco""endation of such special agency and the concerned @.6 in consultation with the AM

for conservation or ecological purposes#

+ection !. $sta%lishment of Closed &eason. - The Secretary "ay declare! through public notice in at

least two (1) newspapers of general circulation or in public service announce"ents! whichever is

applicable! at least five (5) days before the declaration! a closed season in any or all 'hilippine waters

outside the boundary of "unicipal waters and in bays! for conservation and ecological purposes# The

Secretary "ay include waters under the urisdiction of special agencies! "unicipal waters and bays!

and8or other areas reserved for the use of the "unicipal fisherfolk in the area to be covered by the

closed season: 'rovided! however! That this shall be done only upon the concurrence and approval or

reco""endation of such special agency and the concerned @.6 and AM: 'rovided! further! That

in "unicipal waters! fishery "anage"ent areas and other areas reserved for the use of the "unicipal

fisherfolk! closed season "ay be established by the concerned @.6 in consultation with the AM



for conservation or ecological purposes# The AMs "ay also reco""end the establish"ent of

closed seasons in "unicipal waters! fisheries "anage"ent and other areas reserved for the use of the

"unicipal fisherfolk#

+ection 0. 'ntrod"ction of Forein A("atic &pecies. - Co foreign finfish! "ollusk! crustacean or

a%uatic plants shall be introduced in 'hilippine waters without a sound ecological! biological and

environ"ental ustification based on scientific studies subect to the bio-safety standard as provided for by e$isting laws: 'rovided! however! That the 9epart"ent "ay approve the introduction of foreign

a%uatic species for scientific8research purposes#

+ection . Protection of !are) Threatened and $ndanered &pecies. - The 9epart"ent shall declare

closed seasons and take conservation and rehabilitation "easures for rare! threatened and endangered

species! as it "ay deter"ine! and shall ban the fishing and8or taking of rare! threatened and8or

endangered species! including their eggs8offspring as identified by e$isting laws in concurrence with

concerned govern"ent agencies#

+ection 2. $nvironmental 'mpact &tatement *$'&+. - All govern"ent agencies as well as privatecorporations! fir"s and entities who intend to undertake activities or proects which will affect the

%uality of the environ"ent shall be re%uired to prepare a detailed *nviron"ental I"pact State"ent

(*IS) prior to undertaking such develop"ent activity# The preparation of the *IS shall for" an integral

part of the entire planning process pursuant to the provisions of 'residential 9ecree Co# /5=; as well as

its i"ple"enting rules and regulations#

+ection 1. $nvironmental Compliance Certificate *$CC+. - All *nviron"ental I"pact State"ents

(*IS) shall be sub"itted to the 9epart"ent of *nviron"ent and Catural esources (9*C) for review

and evaluation# Co person! natural or uridical! shall undertake any develop"ent proect without first

securing an *nviron"ental o"pliance ertificate (*) fro" the Secretary of the 9*C#

+ection . ,onitorin) Control and &"rveillance of Philippine Waters. - A "onitoring! control and

surveillance syste" shall be established by the 9epart"ent in coordination with @.6s! AMs! the

private sector and other agencies concerned to ensure that the fisheries and a%uatic resources in

'hilippine waters are udiciously and wisely utilied and "anaged on a sustainable basis and conserved

for the benefit and enoy"ent e$clusively of ilipino citiens#

+ection 5. A"-iliary 'nvoices. - All fish and fishery products "ust have an au$iliary invoice to be

issued by the @.6s or their duly authoried representatives prior to their transport fro" their point of

origin to their point of destination in the 'hilippines and8or e$port purposes upon pay"ent of a fee to

be deter"ined by the @.6s to defray ad"inistrative costs therefor#

ART$C)( $

*-N$C$PA) F$+'(R$(+

+ection 7. "risdiction of ,"nicipal/City 0overnment. - The "unicipal8city govern"ent shall have

urisdiction over "unicipal waters as defined in this ode# The "unicipal8city govern"ent! in

consultation with the AM shall be responsible for the "anage"ent! conservation! develop"ent!



protection! utiliation! and disposition of all fish and fishery8a%uatic resources within their respective

"unicipal waters#

The "unicipal8city govern"ent "ay! in consultation with the AM! enact appropriate ordinances for

this purpose and in accordance with the Cational isheries 'olicy# The ordinances enacted by the

"unicipality and co"ponent city shall be reviewed pursuant to epublic Act Co# </;7 by the

sanggunian of the province which has urisdiction over the sa"e#

The @.6s shall also enforce all fishery laws! rules and regulations as well as valid fishery ordinances

enacted by the "unicipal8city council#

The "anage"ent of contiguous fishery resources such as bays which straddle several "unicipalities!

cities or provinces! shall be done in an integrated "anner! and shall not be based on political

subdivisions of "unicipal waters in order to facilitate their "anage"ent as single resource syste"s#

The @.6s which share or border such resources "ay group the"selves and coordinate with each other

to achieve the obectives of integrated fishery resource "anage"ent# The Integrated isheries and

A%uatic esources Manage"ent ouncils (AMs) established under Section <; of this ode shallserve as the venues for close collaboration a"ong @.6s in the "anage"ent of contiguous resources#

+ection . 0rant of Fishin Privilees in ,"nicipal Waters. - The duly registered fisherfolk

organiations8cooperatives shall have preference in the grant of fishery rights by the Municipal8ity

ouncil pursuant to Section /3> of the @ocal .overn"ent ode: 'rovided! That in areas where there

are special agencies or offices vested with urisdiction over "unicipal waters by virtue of special laws

creating these agencies such as! but not li"ited to! the @aguna @ake 9evelop"ent Authority and the

'alawan ouncil for Sustainable 9evelop"ent! said offices and agencies shall continue to grant

per"its for proper "anage"ent and i"ple"entation of the afore"entioned structures#

+ection 8. Users of ,"nicipal Waters. - All fishery related activities in "unicipal waters! as defined

in this ode! shall be utilied by "unicipal fisherfolk and their cooperatives8organiations who are

listed as such in the registry of "unicipal fisherfolk#

The "unicipal or city govern"ent! however! "ay! through its local chief e$ecutive and acting pursuant

to an appropriate ordinance! authorie or per"it s"all and "ediu" co""ercial fishing vessels to

operate within the ten point one (/7#/) to fifteen (/5) kilo"eter area fro" the shoreline in "unicipal

waters as defined herein! provided! that all the following are "et:

(a) no co""ercial fishing in "unicipal waters with depth less than seven (<) fatho"s as

certified by the appropriate agency&

(b) fishing activities utiliing "ethods and gears that are deter"ined to be consistent with

national policies set by the 9epart"ent&

(c) prior consultation! through public hearing! with the M8AM has been conducted& and

(d) the applicant vessel as well as the shipowner! e"ployer! captain and crew have been certified

by the appropriate agency as not having violated this ode! environ"ental laws and related



laws#

In no case shall the authoriation or per"it "entioned above be granted for fishing in bays as

deter"ined by the 9epart"ent to be in an environ"entally critical condition and during closed season

as provided for in Section > of this ode#

+ection !. !eistry of ,"nicipal Fisherfol. - The @.6 shall "aintain a registry of "unicipal

fisherfolk! who are fishing or "ay desire to fish in "unicipal waters for the purpose of deter"ining

priorities a"ong the"! of li"iting entry into the "unicipal waters! and of "onitoring fishing activities

an8or other related purposes: 'rovided! That the AM shall sub"it to the @.6 the list of priorities

for its consideration#

Such list or registry shall be updated annually or as "ay be necessary! and shall be posted in barangay

halls or other strategic locations where it shall be open to public inspection! for the purpose of

validating the correctness and co"pleteness of the list# The @.6! in consultation with the AMs!

shall for"ulate the necessary "echanis"s for inclusion or e$clusion procedures that shall be "ost

beneficial to the resident "unicipal fisherfolk# The AMs "ay likewise reco""end such"echanis"s#

The @.6s shall also "aintain a registry of "unicipal fishing vessels by type of gear and other boat

particulars with the assistance of the AM#

+ection 20. Fisherfol Orani2ations and/or Cooperatives. - isherfolk organiations8cooperatives

whose "e"bers are listed in the registry of "unicipal fisherfolk! "ay be granted use of de"arcated

fishery areas to engage in fish capture! "ariculture and8or fish far"ing: 'rovided! however! That an

organiation8cooperative "e"ber whose household is already in possession of a fishery right other than

for fish capture cannot enoy the fishing rights granted to the organiation or cooperative#

+ection 2. Priority of !esident ,"nicipal Fisherfol. - esident "unicipal fisherfolk of the

"unicipality concerned and their organiations8cooperatives shall have priority to e$ploit "unicipal

and de"arcated fishery areas of the said "unicipality#

+ection 22. Demarcated Fishery !iht. - The @.6 concerned shall grant de"arcated fishery rights to

fishery organiations8cooperatives for "ariculture operation in specific areas identified by the

9epart"ent#

+ection 21. #imited $ntry 'nto Overfished Areas. - henever it is deter"ined by the @.6s and the

9epart"ent that a "unicipal water is overfished based on available data or infor"ation or in danger of

being overfished! and that there is a need to regenerate the fishery resources in that water! the @.6

shall prohibit or li"it fishery activities in the said waters#

+ection 2. &"pport to ,"nicipal Fisherfol. - The 9epart"ent and the @.6s shall provide support to

"unicipal fisherfolk through appropriate technology and research! credit! production and "arketing

assistance and other services such as! but not li"ited to training for additional8supple"entary

livelihood#



+ection 25. !ihts and Privilees of Fish3orers. - The fishworkers shall be entitled to the privileges

accorded to other workers under the @abor ode! Social Security Syste" and other benefits under other

laws or social legislation for workers: 'rovided! That fishworkers on board any fishing vessels engaged

in fishing operations are hereby covered by the 'hilippine @abor ode! as a"ended#

ART$C)( $$

C"**(RC$A) F$+'(R$(+

+ection 27. Commercial Fishin 4essel #icense and Other #icenses. - Co person shall operate a

co""ercial fishing vessel! pearl fishing vessel or fishing vessel for scientific! research or educational

purposes! or engage in any fishery activity! or seek e"ploy"ent as a fishworker or pearl diver without

first securing a license fro" the 9epart"ent! the period of which shall be prescribed by the

9epart"ent: 'rovided! That no such license shall be re%uired of a fishing vessel engaged in scientific!

research or educational purposes within 'hilippine waters pursuant to an international agree"ent of

which the 'hilippines is a signatory and which agree"ent defines the status! privileges and obligations

of said vessel and its crew and the non-ilipino officials of the international agency under which said

vessel operates: 'rovided! further! That "e"bers of the crew of a fishing vessel used for co""ercial

fishing e$cept the duly licensed and8or authoried patrons! "arine engineers! radio operators and cooks

shall be considered as fisherfolk: 'rovided! further"ore! That all skippers8"aster fishers shall be

re%uired to undertake an orientation training on detection of fish caught by illegal "eans before they

can be issued their fishworker licenses: 'rovided! finally! That the large co""ercial fishing vessels

license herein authoried to be granted shall allow the licensee to operate only in 'hilippine waters

seven (<) or "ore fatho"s deep! the depth to be certified by the CAMIA! and subect to the

conditions that "ay be stated therein and the rules and regulations that "ay be pro"ulgated by the

9epart"ent#

+ection 2. Persons $lii%le for Commercial Fishin 4essel #icense. - Co co""ercial fishing vessel

license shall be issued e$cept to citiens of the 'hilippines! partnerships or to associations! cooperatives

or corporations duly registered in the 'hilippines at least si$ty percent (;7E) of the capital stock of

which is owned by ilipino citiens# Co person to who" a license has been issued shall sell! transfer or

assign! directly or indirectly! his stock or interest therein to any person not %ualified to hold a license#

Any such transfer! sale or assign"ent shall be null and void and shall not be registered in the books of

the association! cooperative or corporation#

or purposes of co""ercial fishing! fishing vessels owned by citiens of the 'hilippines! partnerships!

corporations! cooperatives or associations %ualified under this section shall secure ertificates of 'hilippine egistry and such other docu"ents as are necessary for fishing operations fro" the

concerned agencies: 'rovided! That the co""ercial fishing vessel license shall be valid for a period to

be deter"ined by the 9epart"ent#

+ection 28. Commercial Fishin 4essel !eistration. - The registration! docu"entation! inspection

and "anning of the operation of all types of fishing vessels plying 'hilippine waters shall be in

accordance with laws! rules and regulations#



+ection 2!. !eistration and #icensin of Fishin 0ears Used in Commercial Fishin. - Before a

co""ercial fishing vessel holding a co""ercial fishing vessel license "ay begin fishing operations in

'hilippine waters! the fishing gear it will utilie in fishing shall be registered and a license granted

therefor# The 9epart"ent shall pro"ulgate guidelines to i"ple"ent this provision within si$ty (;7)

days fro" approval of this ode#

+ection 10. !ene3al of Commercial 5oat #icense. - The co""ercial fishing boat license shall berenewed every three (2) years#

The owner8operator of a fishing vessel has a period of si$ty (;7) days prior to the e$piration of the

license within which to renew the sa"e#

+ection 1. !eport of Transfer of O3nership. - The owner8operator of a registered fishing vessel shall

notify the 9epart"ent in writing of the transfer of the ownership of the vessel with a copy of such

docu"ent within ten (/7) days after its transfer to another person#

+ection 12. Fishin %y Philippine Commercial Fishin Fleet in 'nternational Waters. - ishing

vessels of 'hilippine registry "ay operate in international waters or waters of other countries whichallow such fishing operations: 'rovided! That they co"ply with the safety! "anning and other

re%uire"ents of the 'hilippine oast .uard! Mariti"e Industry Authority and other agencies

concerned: 'rovided! however! That they secure an international fishing per"it and certificate of

clearance fro" the 9epart"ent: 'rovided! further! That the fish caught by such vessels shall be

considered as caught in 'hilippine waters and therefore not subect to all i"port duties and ta$es only

when the sa"e is landed in duly designated fish landings and fish ports in the 'hilippines: 'rovided!

further"ore! That landing ports established by canneries! seafood processors and all fish landing sites

established prior to the effectivity of this ode shall be considered authoried landing sites: 'rovided!

finally! That fishworkers on board 'hilippine registered fishing vessels conducting fishing activities beyond the 'hilippine *$clusive *cono"ic +one are not considered as overseas ilipino workers#

+ection 11. 'mportation of Fishin 4essels or Constr"ction of 6e3 Fishin 5oats. - 'rior to the

i"portation of fishing vessels and the construction of new fishing vessels! the approval8clearance of the

9epart"ent "ust first be obtained#

+ection 1. 'ncentives for ,"nicipal and &mall7&cale Commercial Fisherfol. - Municipal and

s"all-scale co""ercial fisherfolk shall be granted incentives which shall include! but are not li"ited

to! the following:

(a) at least ten percent (/7E) of the credit and the guarantee funds of govern"ent financinginstitutions shall be "ade available for post-harvest and "arketing proects for the purpose of

enhancing our fisherfolk co"petitiveness by reducing post-harvest losses# Fualified proects

shall include! but shall not be li"ited to! ice plants! cold storage! canning! warehouse! transport

and other related infrastructure proects and facilities& and

(b) the 9epart"ent shall undertake the following progra"s:

/# a capability-building progra" for targeted parties shall be developed by the



9epart"ent to pro"ote greater bankability and credit worthiness of "unicipal and

s"all-scale co""ercial fishers# Such progra" shall include organiing activities!

technology transfer! and skills training related to co""ercial fishing as well as credit

"anage"ent# .roups and cooperatives organied under the progra" shall have priority

access over credit and guarantee funds established under this ode& and

1# an infor"ation ca"paign shall be conducted to pro"ote the capability building andcredit progra"s# The ca"paign shall ensure greater infor"ation disse"ination and

accessibility to targeted fisherfolk#

+ection 15. 'ncentives for Commercial Fishers to Fish Farther into the $-cl"sive $conomic one. -

In order to encourage fishing vessel operators to fish farther in the **+ and beyond! new incentives for

i"prove"ent of fishing vessels and ac%uisition of fishing e%uip"ent shall be granted in addition to

incentives already available fro" the Board of Invest"ents (B4I)# Such incentives shall be granted

subect to e$haustive evaluation of resource and e$ploitation conditions in the specified areas of fishing

operations# The incentive shall include! but not be li"ited to:

(a) long ter" loans supported by guarantee facilities to finance the building and ac%uisition

and8or i"prove"ent of fishing vessels and e%uip"ent&

(b) co""ercial fishing vessel operators of 'hilippine registry shall enoy a li"ited period of ta$

and duty e$e"ptions on the i"portation of fishing vessels not "ore than five (5) years old!

e%uip"ent and paraphernalia! the period of e$e"ption and guidelines shall be fi$ed by the

9epart"ent within ninety (>7) days fro" the effectivity of this ode&

(c) co""ercial fishing operator of 'hilippine registry engaged in fisheries in the high seas shall

be entitled to duty and ta$ rebates on fuel consu"ption for co""ercial fisheries operations#

.uidelines shall be pro"ulgated within ninety (>7) days fro" the effectivity of this ode by the

9epart"ent& and

(d) all applicable incentives available under the 4"nibus Invest"ent ode of />=<: 'rovided!

That the fishing operation proect is %ualified for registration and is duly registered with the

B4I#

+ection 17. Complement of Fishin 4essels. - *very co""ercial fishing vessel of 'hilippine registry

when actually operated! shall be "anned in accordance with the re%uire"ents of the 'hilippine

Merchant Marine rules and regulations#

+ection 1. ,edical &"pplies and #ife7&avin Devices. - All fishing vessels shall be provided with

ade%uate "edical supplies and life-saving devices to be deter"ined by the 4ccupational Safety and

Gealth enter: 'rovided! That a fishing vessel of twenty (17) .T or "ore shall have as a "e"ber of its

crew a person %ualified as a first aider duly certified by the 'hilippine Cational ed ross#

+ection 18. !eportorial !e("irements. - *ach co""ercial fishing vessel shall keep a daily record of

fish catch and spoilage! landing points! and %uantity and value of fish caught! and off-loaded for

transship"ent! sale and8or other disposal# 9etailed infor"ation shall be duly certified by the vessel0s



captain and trans"itted "onthly to the officer or representative of the 9epart"ent! at the nearest

designated landing point#

+ection 1!. !eport of ,eteoroloical and Other Data. - All vessels and crafts passing navigational

lanes or engaged in fisheries activity shall be re%uired to contribute to "eteorological and other data!

and shall assist the 9epart"ent in docu"entation or reporting of infor"ation vital to navigation and the

fishing industry#

+ection 0. Color Code and !adio Fre("ency. - or ad"inistrative efficiency and enforce"ent of

regulations! registered fishing vessels shall bear a color code as "ay be deter"ined by the 9epart"ent

and "ay be assigned a radio fre%uency specific and distinct to its area of operation#

+ection . Passae. - o""ercial and other passage not in the regular conduct of fisheries activity

shall be "ade at designated navigational lanes#

+ection 2. Transshipment. - oreign fishing vessels wishing to avail of land! air and sea facilities

available in the 'hilippines to transport fishery products which are caught outside 'hilippine territorial

waters to its final destination shall call only at duly designated govern"ent-owned or -controlledregional fishport co"ple$es after securing clearance fro" the 9epart"ent#

+ection 1. Operation of !adio Comm"nication Facilities on 5oard Fishin 4essels. - The

9epart"ent shall pro"ulgate guidelines in the operation of radio co""unication facilities on board

fishing vessels and the assign"ent of radio fre%uencies specific and distinct to area of operation in

coordination with the Cational Teleco""unications o""ission#

+ection . Use of &"perliht. - The nu"ber and wattage of superlights used in co""ercial fishing

vessels shall be regulated by the 9epart"ent: 'rovided! That the use of superlights is banned within

"unicipal waters and bays#ART$C)( $$$

A-AC-)T-R(

+ection 5. Disposition of P"%lic #ands for Fishery P"rposes. - 'ublic lands such as tidal swa"ps!

"angroves! "arshes! foreshore lands and ponds suitable for fishery operations shall not be disposed or

alienated# 6pon effectivity of this ode! @A "ay be issued for public lands that "ay be declared

available for fishpond develop"ent pri"arily to %ualified fisherfolk cooperatives8associations:

'rovided! however! That upon the e$piration of e$isting @As the current lessees shall be given priority

and be entitled to an e$tension of twenty-five (15) years in the utiliation of their respective leased

areas# Thereafter! such @As shall be granted to any ilipino citien with preference! pri"arily to

%ualified fisherfolk cooperatives8associations as well as s"all and "ediu" enterprises as defined under

epublic Act Co# =1=>: 'rovided! further! That the 9epart"ent shall declare as reservation! portions of

available public lands certified as suitable for fishpond purposes for fish sanctuary! conservation! and

ecological purposes: 'rovided! finally! That two (1) years after the approval of this Act! no fish pens or

fish cages or fish traps shall be allowed in lakes#

+ection 7. #ease of Fishponds. - ishpond leased to %ualified persons and fisherfolk



organiations8cooperatives shall be subect to the following conditions:

(a) Areas leased for fishpond purposes shall be no "ore than 57 hectares for individuals and 157

hectares for corporations or fisherfolk organiations&

(b) The lease shall be for a period of twenty-five (15) years and renewable for another twenty-

five (15) years: 'rovided! That in case of the death of the lessee! his spouse and8or children! as

his heirs! shall have pree"ptive rights to the une$pired ter" of his ishpond @ease Agree"ent

subect to the sa"e ter"s and conditions provided herein provided that the said heirs are

%ualified&

(c) @ease rates for fishpond areas shall be deter"ined by the 9epart"ent: 'rovided! That all

fees collected shall be re"itted to the Cational isheries esearch and 9evelop"ent Institute

and other %ualified research institutions to be used for a%uaculture research develop"ent&

(d) The area leased shall be developed and producing on a co""ercial scale within three (2)

years fro" the approval of the lease contract: 'rovided! however! That all areas not fully

producing within five (5) years fro" the date of approval of the lease contract shallauto"atically revert to the public do"ain for reforestation&

(e) The fishpond shall not be subleased! in whole or in part! and failure to co"ply with this

provision shall "ean cancellation of @A&

(f) The transfer or assign"ent of rights to @A shall be allowed only upon prior written

approval of the 9epart"ent&

(g) The lessee shall undertake reforestation for river banks! bays! strea"s! and seashore fronting

the dike of his fishpond subect to the rules and regulations to be pro"ulgated thereon& and

(h) The lessee shall provide facilities that will "ini"ie environ"ental pollution! i#e#! settling

ponds! reservoirs! etc: 'rovided! That failure to co"ply with this provision shall "ean

cancellation of @A#

+ection . Code of Practice for A("ac"lt"re. - The 9epart"ent shall establish a code of practice for

a%uaculture that will outline general principles and guidelines for environ"entally-sound design and

operation to pro"ote the sustainable develop"ent of the industry# Such ode shall be developed

through a consultative process with the 9*C! the fishworkers! @A holders! fishpond owners!

fisherfolk cooperatives! s"all-scale operators! research institutions and the acade"e! and other

potential stakeholders# The 9epart"ent "ay consult with specialied international organiations in thefor"ulation of the code of practice#

+ection 8. 'ncentives and Disincentives for &"staina%le A("ac"lt"re Practices. - The 9epart"ent

shall for"ulate incentives and disincentives! such as! but not li"ited to! effluent charges! user fees and

negotiable per"its! to encourage co"pliance with the environ"ental standards and to pro"ote

sustainable "anage"ent practices#

+ection !. !eversion of All A%andoned) Undeveloped or Under"tili2ed Fishponds. - The 9*C! in



coordination with the 9epart"ent! @.6s! other concerned agencies and AMs shall deter"ine

which abandoned! underdeveloped or underutilied fishponds covered by @As can be reverted to their

original "angrove state and after having "ade such deter"ination shall take all steps necessary to

restore such areas in their original "angrove state#

+ection 50. A%sentee Fishpond #ease Areement olders. - Golders of fishpond lease agree"ents

who have ac%uired citienship in another country during the e$istence of the @A shall have their leaseauto"atically cancelled and the i"prove"ents thereon to be forfeited in favor of the govern"ent and

disposed of in accordance with rules and regulations pro"ulgated thereon#

+ection 5. #icense to Operate Fish Pens) Fish Caes) Fish Traps and Other &tr"ct"res for the

C"lt"re of Fish and Other Fishery Prod"cts. - ish pens! fish cages! fish traps and other structures for

the culture of fish and other fishery products shall be constructed and shall operate only within

established ones duly designated by @.6s in consultation with the AMs concerned consistent

with national fisheries policies after the corresponding licenses thereof have been secured# The area to

be utilied for this purpose for individual person shall be deter"ined by the @.6s in consultation with

the concerned AM: 'rovided! however! That not over ten percent (/7E) of the suitable water

surface area of all lakes and rivers shall be allotted for a%uaculture purposes like fish pens! fish cages

and fish traps& and the stocking density and feeding re%uire"ent which shall be controlled and

deter"ined by its carrying capacity: 'rovided! further! That fish pens and fish cages located outside

"unicipal waters shall be constructed and operated only within fish pen and fish cage belts designated

by the 9epart"ent and after corresponding licenses therefor have been secured and the fees thereof

paid#

+ection 52. Pearl Farm #eases. - The foregoing provisions notwithstanding! e$isting pearl far" leases

shall be respected and allowed to operate under the ter"s thereof# Cew leases "ay be granted to

%ualified persons who possess the necessary capital and technology! by the @.6s having urisdiction

over the area#

+ection 51. 0rant of Privilees for Operations of Fish Pens) Caes) Corrals/Traps and &imilar

&tr"ct"res. - Co new concessions! licenses! per"its! leases and si"ilar privileges for the establish"ent

or operation of fish pens! fish cages! fish corrals8traps and other si"ilar structures in "unicipal areas

shall be granted e$cept to "unicipal fisherfolk and their organiations#

+ection 5. 'ns"rance for Fishponds) Fish Caes and Fish Pens. - Inland fishponds! fish cages and

fish pens shall be covered under the insurance progra" of the 'hilippine rop Insurance orporation

for losses caused by force "aeure and fortuitous events#

+ection 55. 6on7O%str"ction to 6aviation. - Cothing in the foregoing sections shall be construed as

per"itting the lessee! licensee! or per"ittee to undertake any construction which will obstruct the free

navigation in any strea"! river! lakes! or bays flowing through or adoining the fish pens! fish cages!

fish traps and fishponds! or i"pede the flow of the tide to and fro" the area# Any construction "ade in

violation hereof shall be re"oved upon the order of the 9epart"ent in coordination with the other

govern"ent agencies concerned at the e$pense of the lessee! licensee! or occupants thereof! whenever



applicable# The 9epart"ent shall within thirty (27) days after the effectivity of this ode for"ulate and

i"ple"ent rules and regulations for the i""ediate dis"antling of e$isting obstruction to navigation#

+ection 57. 6on7O%str"ction to Defined ,iration Paths. - Cothing in the foregoing sections shall be

construed as per"itting the lessee! per"ittee! or licensee to undertake any construction which will

obstruct any defined "igration path of "igratory fish species such as river "ouths and estuaries with a

distance deter"ined by the concerned @.6s in consultation with and upon the reco""endation of theAMs#

+ection 5. !eistration of Fish atcheries and Private Fishponds) etc. - All fish hatcheries! fish

breeding facilities and private fishponds "ust be registered with the @.6s which shall prescribe

"ini"u" standards for such facilities in consultation with the 9epart"ent: 'rovided! That the

9epart"ent shall conduct a yearly inventory of all fishponds! fish pens and fish cages whether in public

or private lands: 'rovided! further! That all fishpond! fish pens and fish cage operators shall annually

report to the 9epart"ent the type of species and volu"e of production in areas devoted to a%uaculture#

ART$C)( $#P"+T9'AR#(+T FAC$)$T$(+, ACT$#$T$(+ AN% TRA%(+

+ection 58. Comprehensive Post7harvest and Ancillary 'nd"stries Plan. - The 9epart"ent shall

conduct a regular study of fisheries post-harvest operations and ancillary industries! in the for"ulation

of a co"prehensive plan for post-harvest and ancillary industries# It shall take into account a"ong

others! the following:

(a) detailed and clear guidelines on the distribution! construction! "aintenance and use of post-

harvest infrastructure facilities&

(b) e$tension of credit and incentives for post-harvest operations&(c) pro"otion and strengthening of se"i-processing! processing and handling&

(d) develop"ent of do"estic fish"eal industry&

(e) develop"ent of fisheries ship-building and repair as a viable industry&

(f) develop"ent and strengthening of "arketing facilities and activities! including the pricing

syste"! with e"phasis on collective "arketing and the eli"ination of "iddle"en&

(g) increased participation of cooperatives and non-govern"ental organiations in post-harvest

operations and ancillary industries& and

(h) integration of fisheries post-harvest operations into the national fisheries plan#

+ection 5!. $sta%lishment of Post7arvest Facilities for Fishin Comm"nities. - The @.6s shall

coordinate with the private sector and other concerned agencies and AMs in the establish"ent of

post-harvest facilities for fishing co""unities such as! but not li"ited to! "unicipal fish landing sites!

fish ports! ice plants and cold storage and other fish processing establish"ents to serve pri"arily the

needs of "unicipal fisherfolk: 'rovided! That such post-harvest facilities shall be consistent with the



o"prehensive 'ost-harvest and Ancillary Industries 'lan#

+ection 70. !eistration and #icensin of all Post7arvest Facilities. - All post-harvest facilities such

as fish processing plants! ice plants! and cold storages! fish ports8landings and other fishery business

establish"ents "ust register with and be licensed by the @.6s which shall prescribe "ini"u"

standards for such facilities in consultation with the 9epart"ent#

+ection 7. 'mportation and $-portation of Fishery Prod"cts. -

(a) *$port of fishery products shall be regulated whenever such e$portation affects do"estic

food security and production: 'rovided! That e$portation of live fish shall be prohibited e$cept

those which are hatched or propagated in accredited hatcheries and ponds&

(b) To protect and "aintain the local biodiversity or ensure the sufficiency of do"estic supply!

spawners! breeders! eggs and fry of bangus! prawn and other ende"ic species! as "ay be

deter"ined by the 9epart"ent! shall not be e$ported or caused to be e$ported by any person&

(c) ishery products "ay be i"ported only when the i"portation has been certified as necessary

by the 9epart"ent in consultation with the AM! and all the re%uire"ents of this ode! as

well as all e$isting rules and regulations have been co"plied with: 'rovided! That fish i"ports

for canning8processing purposes only "ay be allowed without the necessary certification! but

within the provisions of Section ;/(d) of this ode& and

(d) Co person! shall i"port and8or e$port fishery products of whatever sie! stage or for" for

any purpose without securing a per"it fro" the 9epart"ent#

The 9epart"ent in consultation with the AM shall pro"ulgate rules and regulations on

i"portation and e$portation of fish and fishery8a%uatic resources with the .overn"ent0s e$port8i"port

si"plification procedures#

+ection 72. 'nstr"ments of Weihts and ,eas"res) and :"ality 0rades/&tandards. - Standards for

weights! volu"e and other "easure"ents for all fishery transactions shall be set by the 9epart"ent#

All fish and fishery products for e$port! i"port and do"estic consu"ption shall "eet the %uality

grades8standards as deter"ined by the 9epart"ent#

The @.6 concerned shall! by appropriate ordinance! penalie fraudulent practices and unlawful

possession or use of instru"ents of weights and "easures#

C'APT(R $$$

Reconstitution of The :ureau of Fisheries an A6uatic Resources an Creation of Fisheries an

A6uatic Resources *anage4ent Councils

ART$C)( $

R(C"N+T$T-T$"N "F T'( :-R(A- "F F$+'(R$(+ AN% A-AT$C R(+"-RC(+

+ection 71. Creation of the Position of Undersecretary for Fisheries and A("atic !eso"rces. - There

is hereby created in the 9epart"ent of Agriculture the position of 6ndersecretary for isheries and



A%uatic esources! solely for the purpose of attending to the needs of the fishing industry! to be

appointed by the 'resident# Such 6ndersecretary shall have the following functions:

(a) set policies and for"ulate standards for the effective! efficient and econo"ical operations of

the fishing industry in accordance with the progra"s of the govern"ent&

(b) e$ercise overall supervision over all functions and activities of all offices and

instru"entalities and other offices related to fisheries including its officers&

(c) establish! with the assistance of the director! such regional! provincial and other fishery

officers as "ay be necessary and appropriate and organie the internal structure of BA in

such "anner as is necessary for the efficient and effective attain"ent of its obectives and

purposes& and

(d) perfor" such other functions as "ay be necessary or proper to attain the obectives of this

ode#

+ection 7. !econstit"tion of the 5FA!. - The Bureau of isheries and A%uatic esources (BA) is

hereby reconstituted as a line bureau under the 9epart"ent of Agriculture#

+ection 75. F"nctions of the 5"rea" of Fisheries and A("atic !eso"rces. - As a line bureau! the

BA shall have the following functions:

(a) prepare and i"ple"ent a o"prehensive Cational isheries Industry 9evelop"ent 'lan&

(b) issue licenses for the operation of co""ercial fishing vessels&

(c) issue identification cards free of charge to fishworkers engaged in co""ercial fishing&

(d) "onitor and review oint fishing agree"ents between ilipino citiens and foreigners who

conduct fishing activities in international waters! and ensure that such agree"ents are not

contrary to 'hilippine co""it"ent under international treaties and convention on fishing in the

high seas&

(e) for"ulate and i"ple"ent a o"prehensive ishery esearch and 9evelop"ent 'rogra"!

such as! but not li"ited to! sea far"ing! sea ranching! tropical8orna"ental fish and seaweed

culture! ai"ed at increasing resource productivity! i"proving resource use efficiency! and

ensuring the long-ter" sustainability of the country0s fishery and a%uatic resources&

(f) establish and "aintain a o"prehensive ishery Infor"ation Syste"&

(g) provide e$tensive develop"ent support services in all aspects of fisheries production!

processing and "arketing&

(h) provide advisory services and technical assistance on the i"prove"ent of %uality of fish

fro" the ti"e it is caught (i#e# on board fishing vessel! at landing areas! fish "arkets! to the

processing plants and to the distribution and "arketing chain)&

(i) coordinate efforts relating to fishery production undertaken by the pri"ary fishery producers!



@.6s! AMs! fishery and organiations8cooperatives&

() advise and coordinate with @.6s on the "aintenance of proper sanitation and hygienic

practices in fish "arkets and fish landing areas&

(k) establish a corps of specialists in collaboration with the 9epart"ent of Cational 9efense!

9epart"ent of the Interior and @ocal .overn"ent! 9epart"ent of oreign Affairs for the

efficient "onitoring! control and surveillance of fishing activities within 'hilippine territorial

waters and provide the necessary facilities! e%uip"ent and training therefor&

(l) i"ple"ent an inspection syste" for i"port and e$port of fishery8a%uatic products and fish

processing establish"ents! consistent with international standards to ensure product %uality and

safety&

(") coordinate with @.6s and other concerned agencies for the establish"ent of productivity

enhancing and "arket develop"ent progra"s in fishing co""unities to enable wo"en to

engage in other fisheries8econo"ic activities and contribute significantly to develop"ent

efforts&

(n) enforce all laws! for"ulate and enforce all rules and regulations governing the conservation

and "anage"ent of fishery resources! e$cept in "unicipal waters! and to settle conflicts of

resource use and allocation in consultation with the CAM! @.6s and local AMs&

(o) develop value-added fishery-products for do"estic consu"ption and e$port&

(p) reco""end "easures for the protection8enhance"ent of the fishery industries&

(%) assist the @.6s in developing their technical capability in the develop"ent! "anage"ent!

regulation! conservation! and protection of the fishery resources&

(r) for"ulate rules and regulations for the conservation and "anage"ent of straddling fish

stocks and highly "igratory fish stocks& and

(s) perfor" such other related functions which shall pro"ote the develop"ent! conservation!

"anage"ent! protection and utiliation of fisheries and a%uatic resources#

+ection 77. Composition of 5FA!. - As a line bureau! the BA shall be headed by a 9irector and

assisted by two (1) Assistant 9irectors who shall supervise the ad"inistrative and technical services of

the bureau respectively# It shall establish regional! provincial and "unicipal offices as "ay be

appropriate and necessary to carry out effectively and efficiently the provisions of this ode#

+ection 7. Fisheries 'nspection and :"arantine &ervice. - or purposes of "onitoring and regulating

the i"portation and e$portation of fish and fishery8a%uatic resources! the isheries Inspection and

Fuarantine Service in the BA is hereby strengthened and shall have the following functions:

(a) conduct fisheries %uarantine and %uality inspection of all fish and fishery8a%uatic products

co"ing into and going out of the country by air or water transport! to detect the presence of fish

pest and diseases and if found to harbor fish pests or diseases shall be confiscated and disposed



of in accordance with environ"ental standards and practices&

(b) i"ple"ent international agree"ents8co""it"ents on bio-safety and bio-diversity as well as

prevent the "ove"ent or trade of ende"ic fishery and a%uatic resources to ensure that the sa"e

are not taken out of the country&

(c) %uarantine such a%uatic ani"als and other fishery products deter"ined or suspected to be

with fishery pests and diseases and prevent the "ove"ent or trade fro" and8or into the country

of these products so prohibited or regulated under e$isting laws! rules and regulations as well as

international agree"ents of which the 'hilippines is a State 'arty&

(d) e$a"ine all fish and fishery products co"ing into or going out of the country which "ay be

a source or "ediu" of fish pests or diseases and8or regulated by e$isting fishery regulations and

ensure that the %uality of fish i"port and e$port "eet international standards& and

(e) docu"ent and authorie the "ove"ent or trade of fish and fishery products when found free

of fish pests or diseases and collect necessary fees prescribed by law and regulations#

ART$C)( $$

T'( F$+'(R$(+ AN% A-AT$C R(+"-RC(+ *ANA&(*(NT C"-NC$)+ ;FAR*Cs<

+ection 78. Development of Fisheries and A("atic !eso"rces in ,"nicipal Waters and 5ays. -

isherfolk and their organiations residing within the geographical urisdiction of the barangays!

"unicipalities or cities with the concerned @.6s shall develop the fishery8a%uatic resources in

"unicipal waters and bays#

+ection 7!. Creation of Fisheries and A("atic !eso"rces ,anaement Co"ncils *FA!,Cs+. -

AMs shall be established in the national level and in all "unicipalities8cities abutting "unicipal

waters as defined by this ode# The AMs shall be for"ed by fisherfolk organiations8cooperativesand C.4s in the locality and be assisted by the @.6s and other govern"ent entities# Before

organiing AMs! the @.6s! C.4s! fisherfolk! and other concerned '4s shall undergo consultation

and orientation on the for"ation of AMs#

+ection 0. Creation and Composition of the 6ational Fisheries and A("atic !eso"rces

,anaement Co"ncil *6FA!,C+. - There is hereby created a Cational isheries and A%uatic

esources Manage"ent ouncil hereinafter referred to as CAM as an advisory8reco""endatory

body to the 9epart"ent# The CAM shall be co"posed of fifteen (/5) "e"bers consisting of:

(a) the 6ndersecretary of Agriculture! as hair"an&

(b) the 6ndersecretary of the Interior and @ocal .overn"ent&

(c) five (5) "e"bers representing the fisherfolk and fishworkers&

(d) five (5) "e"bers representing co""ercial fishing and a%uaculture operators and the

processing sectors&

(e) two (1) "e"bers fro" the acade"e& and



(f) one (/) representative of C.4s involved in fisheries#

The "e"bers of the CAM! e$cept for the 6ndersecretary of Agriculture and the 6ndersecretary of

the Interior and @ocal .overn"ent! shall be appointed by the 'resident upon the no"ination of their

respective organiations#

+ection . Terms of Office. - The "e"bers of CAM! e$cept the 6ndersecretary of Agriculture

and the 6ndersecretary of the Interior and @ocal .overn"ent! shall serve for a ter" of three (2) years

without reappoint"ent#

+ection 2. F"nctions of the 6FA!,C. - The CAM shall have the following functions:

(a) assist in the for"ulation of national policies for the protection! sustainable develop"ent and

"anage"ent of fishery and a%uatic resources for the approval of the Secretary&

(b) assist the 9epart"ent in the preparation of the Cational isheries and Industry 9evelop"ent

'lan& and

(c) perfor" such other functions as "ay be provided by law#

+ection 1. The ,"nicipal/City Fisheries and A("atic !eso"rces ,anaement Co"ncils

*,/CFA!,Cs+. - The M8AMs shall be created in each of the "unicipalities and cities abutting

"unicipal waters# Gowever! the @.6 "ay create the Barangay isheries and A%uatic esources

Manage"ent ouncils (BAMs) and the @akewide isheries and A%uatic esources Manage"ent

ouncils (@AMs) whenever necessary# Such BAMs and @AMs shall serve in an advisory

capacity to the @.6s#

+ection . F"nctions of the ,/CFA!,Cs. - The M8AMs shall e$ercise the following

functions:

(a) assist in the preparation of the Municipal ishery 9evelop"ent 'lan and sub"it such plan to

the Municipal 9evelop"ent ouncil&

(b) reco""end the enact"ent of "unicipal fishery ordinances to the sangguniang

bayan8sangguniang panlungsod through its o""ittee on isheries&

(c) assist in the enforce"ent of fishery laws! rules and regulations in "unicipal waters&

(d) advise the sangguniang bayan8panlungsod on fishery "atters through its o""ittee on

isheries! if such has been organied& and

(e) perfor" such other functions which "ay be assigned by the sangguniang bayan8panlungsod#

+ection 5. Composition of the ,/CFA!,C . - The regular "e"ber of the M8AMs shall be

co"posed of:

(a) Municipal8ity 'lanning 9evelop"ent 4fficer&

(b) hairperson! Agriculture8ishery o""ittee of the Sangguniang Bayan8'anlungsod&



(c) representative of the Municipal8ity 9evelop"ent ouncil&

(d) representative fro" the accredited non-govern"ent organiation&

(e) representative fro" the private sector&

(f) representative fro" the 9epart"ent of Agriculture& and

(g) at least eleven (//) fisherfolk representatives (seven (<) "unicipal fisherfolk! one (/)

fishworker and three (2) co""ercial fishers) in each "unicipality8city which include

representative fro" youth and wo"en sector#

The ouncil shall adopt rules and regulations necessary to govern its proceedings and election#

+ection 7. The 'nterated Fisheries and A("atic !eso"rces ,anaement Co"ncils *'FA!,Cs+. -

The IAMs shall be created in bays! gulfs! lakes and rivers and da"s bounded by two (1) or "ore

"unicipalities8cities#

+ection . F"nctions of the 'FA!,Cs. - The IAM shall have the following functions:

(a) assist in the preparation of the Integrated ishery 9evelop"ent 'lan and sub"it such plan to

the concerned Municipal 9evelop"ent ouncils&

(b) reco""end the enact"ent of integrated fishery ordinances to the concerned sangguniang

bayan8panlungsod through its o""ittee on isheries! if such has been organied&

(c) assist in the enforce"ent of fishery laws! rules and regulations in concerned "unicipal

waters&

(d) advice the concerned sangguniang bayan8panlungsod on fishery "atters through its

o""ittee on isheries! if such has been organied& and

(e) perfor" such other functions which "ay be assigned by the concerned sangguniang

bayan8panlungsod#

+ection 8. Composition of the 'FA!,Cs. - The regular "e"bers of the IAMs shall be co"posed

of the following:

(a) the chairperson of the o""ittee on Agriculture8isheries of the concerned sangguniang

bayan8panlungsod&

(b) the Municipal8ity isheries 4fficers of the concerned "unicipalities8cities&

(c) the Municipal8ity 9evelop"ent 4fficers of the concerned "unicipalities8cities&

(d) one (/) representative fro" C.4&

(e) one (/) representative fro" private sector& and

(f) at least nine (>) representatives fro" the fisherfolk sector which include representatives fro"

the youth and wo"en sector#



The ouncil shall adopt rules and regulations necessary to govern its proceedings and election#

+ection !. &o"rce of F"nds of the FA!,Cs. - A separate fund for the CAM! IAMs and

M8AMs shall be established and ad"inistered by the 9epart"ent fro" the regular annual

budgetary appropriations#

C'APT(R $#

Fishery Reseres, Refuge an +anctuaries

+ection 80. Fishin Areas !eserves for $-cl"sive Use of 0overnment. - The 9epart"ent "ay

designate area or areas in 'hilippine waters beyond fifteen (/5) kilo"eters fro" shoreline as fishery

reservation for the e$clusive use of the govern"ent or any of its political subdivisions! agencies or

instru"entalities! for propagation! educational! research and scientific purposes: 'rovided! That in

"unicipalities or cities! the concerned @.6s in consultation with the AMs "ay reco""end to the

9epart"ent that portion of the "unicipal waters be declared as fishery reserves for special or li"ited

use! for educational! research! and8or special "anage"ent purposes# The AMs "ay reco""end to

the 9epart"ent portions of the "unicipal waters which can be declared as fisheries reserves for specialor li"ited use for educational! research and special "anage"ent purposes#

+ection 8. Fish !ef"e and &anct"aries. - The 9epart"ent "ay establish fish refuge and sanctuaries

to be ad"inistered in the "anner to be prescribed by the BA at least twenty-five percent (15E) but

not "ore than forty percent (37E) of bays! foreshore lands! continental shelf or any fishing ground

shall be set aside for the cultivation of "angroves to strengthen the habitat and the spawning grounds

of fish# ithin these areas no co""ercial fishing shall be allowed# All "arine fishery reserves! fish

sanctuaries and "angrove swa"p reservations already declared or proclai"ed by the 'resident or

legislated by the ongress of the 'hilippines shall be continuously ad"inistered and supervised by the

concerned agency: 'rovided! however! That in "unicipal waters! the concerned @.6 in consultationwith the AMs "ay establish fishery refuge and sanctuaries# The AMs "ay also reco""end

fishery refuge and sanctuaries: 'rovided! further! That at least fifteen percent (/5E) where applicable

of the total coastal areas in each "unicipality shall be identified! based on the best available scientific

data and in consultation with the 9epart"ent! and auto"atically designated as fish sanctuaries by the

@.6s in consultation with the concerned AMs#

C'APT(R #

Fisheries Research an %eelop4ent

+ection 82. Creation of a 6ational Fisheries !esearch and Development 'nstit"te *6F!D'+. - In

recognition of the i"portant role of fisheries research in the develop"ent! "anage"ent! conservation

and protection of the country0s fisheries and a%uatic resources! there is hereby created a Cational

isheries esearch and 9evelop"ent Institute (C9I)#

The Institute shall for" part of the Cational esearch and 9evelop"ent Cetwork of the 9epart"ent of

Science and Technology (94ST)#

The Institute! which shall be attached to the 9epart"ent shall serve as the pri"ary research ar" of the



BA# The overall governance of the Institute shall be vested in the .overning Board which shall

for"ulate policy guidelines for its operation# The plans! progra"s and operational budget shall be

passed by the Board# The Board "ay create such co""ittees as it "ay dee" necessary for the proper

and effective perfor"ance of its functions# The co"position of the .overning Board shall be as

follows:

(a) 6ndersecretary for isheries - hair"an

(b) BA 9irector - Hice hair"an

(c) C9I *$ecutive 9irector - Me"ber

(d) 'AM9 *$ecutive 9irector - Me"ber

(e) epresentative fro" the acade"e - Me"ber

(f) four (3) representatives fro" the private sector who shall co"e fro" the following

subsectors: - Me"bers

• Municipal isherfolk

• o""ercial ishing 4perator

• A%uaculture 4perator

• 'ost-Garvest8'rocessor

The C9I shall have a separate budget specific to its "anpower re%uire"ents and operations to

ensure the independent and obective i"ple"entation of its research activities#

+ection 81. :"alification &tandard. - The Institute shall be headed by an *$ecutive 9irector to be

appointed by the 'resident of the 'hilippines upon the reco""endation of the governing board# The

*$ecutive 9irector shall hold a 9octorate degree in fisheries and8or other related disciplines# The

organiational structure and staffing pattern shall be approved by the 9epart"ent: 'rovided! however!

That the staffing pattern and re"unerations for scientific and technical staff shall be based on the

%ualification standards for science and technology personnel#

+ection 8. !esearch and Development O%;ectives. - esearches to be done by the C9I are

e$pected to result in the following:

(a) To raise the inco"e of the fisherfolk and to elevate the 'hilippines a"ong the top five (5) in

the world ranking in the fish productions&

(b) to "ake the country0s fishing industry in the high seas co"petitive&

(c) to conduct social research on fisherfolk fa"ilies for a better understanding of their

conditions and needs& and

(d) to coordinate with the fisheries schools! @.6s and private sectors regarding the "a$i"u"

utiliation of available technology! including the transfer of such technology to the industry



particularly the fisherfolk#

+ection 85. F"nctions of the 6F!D' . - As a national institute! the C9I shall have the following

functions:

(a) establish a national infrastructure unit co"plete with technologically-advanced features and

"odern scientific e%uip"ent! which shall facilitate! "onitor! and i"ple"ent various research

needs and activities of the fisheries sector&

(b) provide a venue for intensive training and develop"ent of hu"an resources in the field of

fisheries! a repository of all fisheries researches and scientific infor"ation&

(c) provide intensive training and develop"ent of hu"an resources in the field of fisheries for

the "a$i"u" utiliation of available technology&

(d) hasten the realiation of the econo"ic potential of the fisheries sector by "a$i"iing

develop"ental research efforts in accordance with the re%uire"ents of the national fisheries

conservations and develop"ent progra"s! also possibly through collaborative effort with

international institutions& and

(e) for"ally establish! strengthen and e$pand the network of fisheries-researching co""unities

through effective co""unication linkages nationwide#

C'APT(R #$

Prohibitions an Penalties

+ection 87. Una"thori2ed Fishin or $nain in Other Una"thori2ed Fisheries Activities. - Co

person shall e$ploit! 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 'hilippine waters without a

license! lease or per"it#

9iscovery of any person in an area where he has no per"it or registration papers for a fishing vessel

shall constitute a pri"a facie presu"ption that the person and8or vessel is engaged in unauthoried

fishing: 'rovided! That fishing for daily food sustenance or for leisure which is not for co""ercial!

occupation or livelihood purposes "ay be allowed#

It shall be unlawful for any co""ercial fishing vessel to fish in bays and in such other fishery

"anage"ent areas which "ay hereinafter be declared as over-e$ploited#

Any co""ercial fishing boat captain or the three (2) highest officers of the boat who co""it any of the

above prohibited acts upon conviction shall be punished by a fine e%uivalent to the value of catch or

Ten thousand pesos ('/7!777#77) whichever is higher! and i"prison"ent of si$ (;) "onths!

confiscation of catch and fishing gears! and auto"atic revocation of license#

It shall be unlawful for any person not listed in the registry of "unicipal fisherfolk to engage in any

co""ercial fishing activity in "unicipal waters# Any "unicipal fisherfolk who co""its such violation

shall be punished by confiscation of catch and a fine of ive hundred pesos (577#77)#



+ection 8. Poachin in Philippine Waters. - It shall be unlawful for any foreign person! corporation

or entity to fish or operate any fishing vessel in 'hilippine waters#

The entry of any foreign fishing vessel in 'hilippine waters shall constitute a pri"a facie evidence that

the vessel is engaged in fishing in 'hilippine waters#

Hiolation of the above shall be punished by a fine of 4ne hundred thousand 6#S# 9ollars

(6S/77!777#77)! in addition to the confiscation of its catch! fishing e%uip"ent and fishing vessel:

'rovided! That the 9epart"ent is e"powered to i"pose an ad"inistrative fine of not less than ifty

thousand 6#S# 9ollars (6S57!777#77) but not "ore than Two hundred thousand 6#S# 9ollars

(6S177!777#77) or its e%uivalent in the 'hilippine urrency#

+ection 88. Fishin Thro"h $-plosives) 6o-io"s or Poisono"s &"%stance) and/or $lectricity. -

(/) It shall be unlawful for any person to catch! take or gather or cause to be caught! taken or

gathered! fish or any fishery species in 'hilippine waters with the use of electricity! e$plosives!

no$ious or poisonous substance such as sodiu" cyanide in the 'hilippine fishery areas! which

will kill! stupefy! disable or render unconscious fish or fishery species: 'rovided! That the9epart"ent! subect to such safeguards and conditions dee"ed necessary and endorse"ent fro"

the concerned @.6s! "ay allow! for research! educational or scientific purposes only! the use of

electricity! poisonous or no$ious substances to catch! take or gather fish or fishery species:

'rovided! further! That the use of poisonous or no$ious substances to eradicate predators in

fishponds in accordance with accepted scientific practices and without causing adverse

environ"ental i"pact in neighboring waters and grounds shall not be construed as illegal

fishing#

It will likewise be unlawful for any person! corporation or entity to possess! deal in! sell or in

any "anner dispose of! any fish or fishery species which have been illegally caught! taken or

gathered#

The discovery of dyna"ite! other e$plosives and che"ical co"pounds which contain

co"bustible ele"ents! or no$ious or poisonous substances! or e%uip"ent or device for electro-

fishing in any fishing vessel or in the possession of any fisherfolk! operator! fishing boat official

or fishworker shall constitute pri"a facie evidence! that the sa"e was used for fishing in

violation of this ode# The discovery in any fishing vessel of fish caught or killed with the use

of e$plosive! no$ious or poisonous substances or by electricity shall constitute pri"a facie

evidence that the fisherfolk! operator! boat official or fishworker is fishing with the use thereof#

(1) Mere possession of e$plosive! no$ious or poisonous substances or electrofishing devices for

illegal fishing shall be punishable by i"prison"ent ranging fro" si$ (;) "onths to two (1)

years#

(2) Actual use of e$plosives! no$ious or poisonous substances or electrofishing devices for

illegal fishing shall be punishable by i"prison"ent ranging fro" five (5) years to ten (/7) years

without preudice to the filing of separate cri"inal cases when the use of the sa"e result to



physical inury or loss of hu"an life#

(3) 9ealing in! selling! or in any "anner disposing of! for profit! illegally caught8gathered

fisheries species shall be punished by i"prison"ent ranging fro" si$ (;) "onths to two (1)

years#

(5) In all cases enu"erated above! the e$plosives! no$ious or poisonous substances and8or

electrical devices! as well as the fishing vessels! fishing e%uip"ent and catch shall be forfeited#

+ection 8!. Use of Fine ,esh 6et. - It shall be unlawful to engage in fishing using nets with "esh

s"aller than that which "ay be fi$ed by the 9epart"ent: 'rovided! That the prohibition on the use of

fine "esh net shall not apply to the gathering of fry! glass eels! elvers! tabios! and ala"ang and such

species which by their nature are s"all but already "ature to be identified in the i"ple"enting rules

and regulations by the 9epart"ent#

Hiolation of the above shall subect the offender to a fine fro" Two thousand pesos ('1!777#77) to

Twenty thousand pesos ('17!777#77) or i"prison"ent fro" si$ (;) "onths to two (1) years or both

such fine and i"prison"ent at the discretion of the court: 'rovided! That if the offense is co""itted bya co""ercial fishing vessel! the boat captain and the "aster fisher"an shall also be subect to the

penalties provided herein: 'rovided! further! That the owner8operator of the co""ercial fishing vessel

who violates this provision shall be subected to the sa"e penalties provided herein: 'rovided! finally!

That the 9epart"ent is hereby e"powered to i"pose upon the offender an ad"inistrative fine and8or

cancel his per"it or license or both#

+ection !0. Use of Active 0ear in the ,"nicipal Waters and 5ays and Other Fishery ,anaement

Areas. - It shall be unlawful to engage in fishing in "unicipal waters and in all bays as well as other

fishery "anage"ent areas using active fishing gears as defined in this ode#

Hiolators of the above prohibitions shall suffer the following penalties:

(/) The boat captain and "aster fisher"an of the vessels who participated in the violation shall

suffer the penalty of i"prison"ent fro" two (1) years to si$ (;) years&

(1) The owner8operator of the vessel shall be fined fro" Two thousand pesos ('1!777#77) to

Twenty thousand pesos (17!777#77) upon the discretion of the court#

If the owner8operator is a corporation! the penalty shall be i"posed on the chief e$ecutive

officer of the orporation#

If the owner8operator is a partnership the penalty shall be i"posed on the "anaging partner#

(2) The catch shall be confiscated and forfeited#

+ection !. 5an on Coral $-ploitation and $-portation. - It shall be unlawful for any person or

corporation to gather! possess! sell or e$port ordinary precious and se"i-precious corals! whether raw

or in processed for"! e$cept for scientific or research purposes#

Hiolations of this provision shall be punished by i"prison"ent fro" si$ (;) "onths to two (1) years



and a fine fro" Two thousand pesos ('1!777#77) to Twenty thousand pesos (17!777#77)! or both such

fine and i"prison"ent! at the discretion of the court! and forfeiture of the subect corals! including the

vessel and its proper disposition#

The confiscated corals shall either be returned to the sea or donated to schools and "useu"s for

educational or scientific purposes or disposed through other "eans#

+ection !2. 5an on ,"ro7Ami Other ,ethods and 0ear Destr"ctive to Coral !eefs and Other

,arine a%itat. - It shall be unlawful for any person! natural or uridical! to fish with gear "ethod that

destroys coral reefs! seagrass beds! and other fishery "arine life habitat as "ay be deter"ined by the

9epart"ent# DMuro-A"iD and any of its variation! and such si"ilar gear and "ethods that re%uire

diving! other physical or "echanical acts to pound the coral reefs and other habitat to entrap! gather or

catch fish and other fishery species are also prohibited#

The operator! boat captain! "aster fisher"an! and recruiter or organier of fishworkers who violate this

provision shall suffer a penalty of two (1) years to ten (/7) years i"prison"ent and a fine of not less

than 4ne hundred thousand pesos ('/77!777#77) to ive hundred thousand pesos ('577!777#77) or bothsuch fine and i"prison"ent! at the discretion of the court# The catch and gear used shall be confiscated#

It shall likewise be unlawful for any person or corporation to gather! sell or e$port white sand! silica!

pebbles and any other substances which "ake up any "arine habitat#

The person or corporation who violates this provision shall suffer a penalty of two (1) years to ten (/7)

years i"prison"ent and a fine of not less than 4ne hundred thousand pesos ('/77!777#77) to ive

hundred thousand pesos ('577!777#77) or both such fine and i"prison"ent! at the discretion of the

court# The substance taken fro" its "arine habitat shall be confiscated#

+ection !1. 'lleal Use of &"perlihts. - It shall be unlawful to engage in fishing with the use of superlights in "unicipal waters or in violation of the rules and regulations which "ay be pro"ulgated

by the 9epart"ent on the use of superlights outside "unicipal waters#

Hiolations of this provision shall be punished by i"prison"ent fro" si$ (;) "onths to two (1) years or

a fine of ive thousand pesos ('5!777#77) per superlight! or both such fine and i"prison"ent at the

discretion of the courts# The superlight! fishing gears and vessel shall be confiscated#

+ection !. Conversion of ,anroves. - It shall be unlawful for any person to convert "angroves into

fishponds or for any other purposes#

Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) years and one (/)day to twelve (/1) years and8or a fine of *ighty thousand pesos ('=7!777#77): 'rovided! That if the area

re%uires rehabilitation or restoration as deter"ined by the court! the offender should also be re%uired to

restore or co"pensate for the restoration of the da"age#

+ection !5. Fishin in Overfished Area and D"rin Closed &eason. - It shall be unlawful to fish in

overfished area and during closed season#

Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) "onths and one



(/) day to si$ (;) years and8or fine of Si$ thousand pesos (';!777#77) and by forfeiture of the catch and

cancellation of fishing per"it or license#

+ection !7. Fishin in Fishery !eserves) !ef"e and &anct"aries. - It shall be unlawful to fish in

fishery areas declared by the 9epart"ent as fishery reserves! refuge and sanctuaries#

Hiolation of the provision of this section shall be punished by i"prison"ent of two (1) years to si$ (;)

years and8or fine of Two thousand pesos ('1!777#77) to Twenty thousand pesos ('17!777#77) and by

forfeiture of the catch and the cancellation of fishing per"it or license#

+ection !. Fishin Or Tain of !are) Threatened or $ndanered &pecies. - It shall be unlawful to

fish or take rare! threatened or endangered species as listed in the IT*S and as deter"ined by the

9epart"ent#

Hiolation of the provision of this section shall be punished by i"prison"ent of twelve (/1) years to

twenty (17) years and8or a fine of 4ne hundred and twenty thousand pesos ('/17!777#77) and forfeiture

of the catch! and the cancellation of fishing per"it#

+ection !8. Capt"re of &a%alo and Other 5reeders/&pa3ners. - It shall be unlawful for any person to

catch! gather! capture or possess "ature "ilkfish or DsabaloD and such other breeders or spawners of

other fishery species as "ay be deter"ined by the 9epart"ent: 'rovided! That catching of DsabaloD and

other breeders8spawners for local breeding purposes or scientific or research purposes "ay be allowed

subect to guidelines to be pro"ulgated by the 9epart"ent#

Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) "onths and one

(/) day to eight (=) years and8or a fine of *ighty thousand pesos ('=7!777#77) and forfeiture of the

catch! and fishing e%uip"ent used and revocation of license#

+ection !!. $-portation of 5reeders) &pa3ners) $s or Fry. - *$portation of breeders! spawners!eggs or fry as prohibited in this ode shall be punished by i"prison"ent of eight (=) years!

confiscation of the sa"e or a fine e%uivalent to double the value of the sa"e! and revocation of the

fishing and8or e$port license8per"it#

+ection 00. 'mportation or $-portation of Fish or Fishery &pecies. - Any i"portation or e$portation

of fish or fisheries species in violation of this ode shall be punished by eight (=) years of

i"prison"ent! a fine of *ighty thousand pesos ('=7!777#77) and destruction of live fishery species or

forfeiture of non-live fishery species in favor of the depart"ent for its proper disposition: 'rovided!

That violator of this provision shall be banned fro" being "e"bers or stock holders of co"panies

currently engaged in fisheries or co"panies to be created in the future! the guidelines for which shall be

pro"ulgated by the 9epart"ent#

+ection 0. 4iolation of Catch Ceilins. - It shall be unlawful for any person to fish in violation of

catch ceilings as deter"ined by the 9epart"ent# Hiolation of the provision of this section shall be

punished by i"prison"ent of si$ (;) "onths and one (/) day to si$ (;) years and8or a fine of ifty

thousand pesos ('57!777#77) and forfeiture of the catch! and fishing e%uip"ent used and revocation of

license#



+ection 02. A("atic Poll"tion. - A%uatic pollution! as defined in this ode shall be unlawful#

Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) years and one (/)

day to twelve (/1) years and8or a fine of *ighty thousand pesos ('=7!777#77) plus an additional fine of

*ight thousand pesos ('=!777#77) per day until such violation ceases and the fines paid#

+ection 01. Other 4iolations. - The following fisheries activities shall also be considered as a

violation of this ode:

(a) ailure to o"ply with Mini"u" Safety Standards# - The owner and captain of a

co""ercial fishing vessel engaged in fishing who! upon de"and by proper authorities! fails to

e$hibit or show proof of co"pliance with the safety standards provided in this ode! shall be

i""ediately prevented fro" continuing with his fishing activity and escorted to the nearest port

or landing point# The license to operate the co""ercial fishing vessel shall be suspended until

the safety standard has been co"plied with#

(b) ailure to onduct a ,early eport on all ishponds! ish 'ens and ish ages# - The @A

of the holder who fails to render a yearly report shall be i""ediately cancelled: 'rovided! Thatif the offender be the owner of the fishpond! fish pen or fish cage! he shall be subected to the

following penalties: (/) first offense! a fine of ive hundred pesos ('577#77) per unreported

hectare& (1) subse%uent offenses! a fine of 4ne thousand pesos (/!777#77) per unreported

hectare#

(c) .athering and Marketing of Shell ishes# - It shall be unlawful for any person to take! sell!

transfer! or have in possession for any purpose any shell fish which is se$ually "ature or below

the "ini"u" sie or above the "a$i"u" %uantities prescribed for the particular species#

(d) 4bstruction to Cavigation or low and *bb of Tide in any Strea"! iver! @ake or Bay# - Itshall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide#

(e) onstruction and 4peration of ish orrals8Traps! ish 'ens and ish ages# - It shall be

unlawful to construct and operate fish corrals8traps! fish pens and fish cages without a

license8per"it#

Subect to the provision of subparagraph (b) of this section! violation of the above-enu"erated

prohibited acts shall subect the offender to a fine ranging fro" Two thousand pesos ('1!777#77) to Ten

thousand pesos ('/7!777#77) or i"prison"ent fro" one (/) "onth and one (/) day to si$ (;) "onths! or

both such fine and i"prison"ent! upon the discretion of the court: 'rovided! That the Secretary is

hereby e"powered to i"pose upon the offender an ad"inistrative fine of not "ore than Ten thousand

pesos ('/7!777#77) or to cancel his per"it or license! or to i"pose such fine and to cancel his per"it or

license! in the discretion of the Secretary: 'rovided! further! That the Secretary! or his duly authoried

representative! and law enforce"ent agents are hereby e"powered to i"pound with the assistance of

the 'hilippine oast .uard! 'C'-Mariti"e o""and: 'rovided! finally! That any person who

unlawfully obstructs or delays the inspection and8or "ove"ent of fish and fishery8a%uatic products

when such inspection and8or "ove"ent is authoried under this ode! shall be subect to a fine of not



"ore than Ten thousand pesos ('/7!777#77) or i"prison"ent of not "ore than two (1) years! or both

such fine and i"prison"ent! upon the discretion of the court#

*very penalty i"posed for the co""ission of an offense shall carry with it the forfeiture of the

proceeds of such offense and the instru"ents or tools with which it was co""itted#

Such proceeds and instru"ents or tools shall be confiscated and forfeited in favor of the .overn"ent!

unless they be the property of a third person not liable for the offense! but those articles which are not

subect of lawful co""erce shall be destroyed#

+ection 0. Commercial Fishin 4essel Operators $mployin Unlicensed Fisherfol or Fish3orer

or Cre3. - The owner8operator of a co""ercial fishing vessel e"ploying unlicensed fisherfolk or

fishworker shall be fined ive hundred pesos ('577#77) each for every "onth that the sa"e has been

e"ployed and8or 4ne thousand pesos ('/!777#77) for every "onth for each unlicensed crew "e"ber

who has been e"ployed#

+ection 05. O%str"ction of Defined ,iration Paths. - 4bstruction of any defined "igration paths of

anadro"ous! catadro"ous and other "igratory species! in areas including! but not li"ited to river "ouths and estuaries within a distance deter"ined by the concerned AMs shall be punished by

i"prison"ent of seven (<) years to twelve (/1) years or a fine fro" ifty thousand pesos ('57!777#77)

to 4ne hundred thousand pesos ('/77!777#77)or both i"prison"ent and fine at the discretion of the

court! and cancellation of per"it8license! if any! and dis"antling of obstruction shall be at his own

e$pense and confiscation of sa"e#

+ection 07. O%str"ction to Fishery #a3 $nforcement Officer. - The boat owner! "aster or operator

or any person acting on his behalf of any fishing vessel who evades! obstructs or hinders any fishery

law enforce"ent officer of the 9epart"ent to perfor" his duty! shall be fined Ten thousand pesos

('/7!777#77)# In addition! the registration! per"it and8or license of the vessel including the license of

the "aster fisher"an shall be canceled#

+ection 0. Prom"lation of Administrative Orders. - or purposes of fishery regulation or other

fishery adust"ents! the 9epart"ent in consultation with the @.6s and local AMs! shall issue

ishery Ad"inistrative 4rders or regulations for the conservation! preservation! "anage"ent and

sustainable develop"ent of fishery and a%uatic resources#

C'APT(R #$$

&eneral Proisions

+ection 08. Fisherfol &ettlement Areas. - The 9epart"ent shall establish and create fisherfolk

settle"ent areas in coordination with concerned agencies of the govern"ent! where certain areas of the

public do"ain! specifically near the fishing grounds! shall be reserved for the settle"ent of the

"unicipal fisherfolk# Cothing in this section shall be construed to vest ownership of any resettle"ent

area to a "unicipal fisherfolk for who" said areas "ay have been reserved for or had been actually

granted to#

+ection 0!. ,"nicipal Fisheries 0rant F"nd. - or the develop"ent! "anage"ent and conservation



of the "unicipal resources! there is hereby created a ishery .rant und to finance fishery proects of

the @.6s pri"arily for the uplift"ent of the "unicipal fisherfolk# The a"ount of 4ne hundred "illion

pesos ('/77!777!777#77) is hereby appropriated out of the 9epart"ent0s allocation in the .eneral

Appropriations Act (.AA) to support the .rant und#

or this purpose! the 9epart"ent "ay seek financial assistance fro" any source and "ay receive any

donation therefore#

+ection 0. Fishery #oan and 0"arantee F"nd. - 'ursuant to Section <! Article JIII of the

onstitution! there is hereby created a ishery @oan and .uarantee und with an initial of 4ne hundred

"illion pesos ('/77!777!777#77)! which shall be ad"inistered by the @and Bank of the 'hilippines# The

fund shall be "ade available for lending to %ualified borrowers to finance the develop"ent of the

fishery industry under a progra" to be prescribed by the 9epart"ent#

or the sa"e purpose! the 9epart"ent "ay seek financial assistance fro" any source and "ay receive

any donation therefro"#

+ection . Fishin 4essels Development F"nd. - There is hereby created a ishing Hessels9evelop"ent und to enhance the building and8or ac%uisition of fishing vessels# This shall be a long-

ter" loan facility that shall be ad"inistered by the 9evelop"ent Bank of the 'hilippines# The a"ount

of Two hundred and fifty "illion pesos ('157!777!777#77) per year for five (5) years is hereby

appropriated out of the 9epart"ent0s allocation in the .AA to support this 9evelop"ent und#

+ection 2. &pecial Fisheries &cience and Approfishtech F"nd. - The 9epart"ent shall provide

subsidy for full technical and financial support to the develop"ent of appropriate technology! both in

fishery and ancillary industries! that are ecologically sound! locally source-based and labor intensive!

based on the re%uire"ent and needs of the AMs# An initial a"ount of 4ne hundred "illion pesos

(/77!777!777#77) shall be authoried for the purpose of a Special isheries Science and Approfishtech

und! and thereafter shall be included in the .AA#

+ection 1. A("ac"lt"re 'nvestment F"nd. - An A%uaculture Invest"ent und in the "ini"u"

a"ount of ifty "illion pesos ('57!777!777#77) shall be established for soft loans which shall be

e$tended to "unicipal fisherfolk and their organiation who will engage in a%uaculture! and for the

develop"ent of underdeveloped or underutilied inland fishponds#

+ection . Other Fisheries Financin Facilities. - In addition to fisheries credit guarantee! grant and

other si"ilar facilities granted under this ode! %ualified ilipino fisherfolk and fisheries enterprises

shall enoy such other facilities granted the" under e$isting and8or new laws! specially as to ruralcredit! with preference being given to fisheries cooperatives#

+ection 5. Professionali2ation of Fisheries 0rad"ates. - There is hereby created a isheries Board

of *$a"iners in the 'rofessional egulation o""ission to upgrade the isheries 'rofession:

'rovided! however! That those who have passed the ivil Service *$a"ination for isheries shall

auto"atically be granted eligibility by the isheries Board of *$a"iners: 'rovided! further! That they

have served the industry in either public or private capacity for not less than five (5) years: 'rovided!



finally! That the first Board *$a"ination for B#S# isheries .raduates shall be conducted within one (/)

year fro" the approval of this ode#

+ection 7. Upradin of &tate Fisheries &chools/Collees. - The 9epart"ent! in coordination with

the o""ission on Gigher *ducation (G*9)! 9epart"ent of *ducation! ulture and Sports (9*S)!

and Technical *ducation and Skills 9evelop"ent Authority (T*S9A)! shall upgrade State isheries

Schools8olleges which provide both for"al and non-for"al education: 'rovided! however! That theG*9 shall incorporate Approfishtech in the curricula of fisheries schools8colleges#

The 9epart"ent and the G*9 shall ointly for"ulate standards to upgrade all fisheries

schools8colleges# isheries schools8colleges that do not "eet "ini"u" standards shall be closed#

+ection . 'ncl"sion of Fisheries Conservation &"%;ects in &chool C"rric"l"m. - isheries

conservation subects shall be incorporated in the curricula of ele"entary and secondary schools both

private and public#

+ection 8. $d"cational campain at all levels. - The 9epart"ent! the G*9! the 9*S and the

'hilippine Infor"ation Agency shall launch and pursue a nationwide educational ca"paign to:

(a) help realie the policies and i"ple"ent the provisions of this ode&

(b) pro"ote the develop"ent! "anage"ent! conservation and proper use of the environ"ent&

(c) pro"ote the principle of sustainable develop"ent& and

(d) pro"ote the develop"ent of truly ilipino-oriented fishing and ancillary industries#

+ection !. 'nfrastr"ct"re &"pport. - The 9epart"ent in cooperation with concerned agencies shall:

(a) prepare and i"ple"ent a nationwide plan for the develop"ent of "unicipal fishing ports and

"arkets&

(b) prioritie the construction of far"-to-"arket roads linking the fisheries production sites!

coastal landing points and other post-harvest facilities to "aor "arket and arterial

roads8highways&

(c) identity co""unity infrastructure facilities such as fish landing ports! ice plant and cold

storage facilities in consultation with fishery cooperatives8associations and prepare plans and

designs for their construction that would be consistent with international environ"ental i"pact&

(d) establish and "aintain %uality laboratories in "aor fish ports and prescribe the highest

standards for the operation and "aintenance of such post-harvest facilities&

(e) arrange and "ake representations with appropriate funding institutions to finance such

facilities for the use of the fishery cooperatives8associations&

(f) develop and strengthen "arketing facilities and pro"ote cooperative "arketing syste"s& and

(g) pro"ote and strengthen local fisheries ship-building and repair industry#



+ection 20. $-tension &ervices. - The 9epart"ent shall develop cost-effective! practical and efficient

e$tension services on a sustained basis! in addition to those provided by state educational institutions!

especially to "unicipal fisherfolk in undeveloped areas! utiliing practicable and indigenous resources

and govern"ent agencies available! and based upon a syste" of self-reliance and self-help#

+ection 2. Protection of &ensitive Technical 'nformation. - The 9epart"ent shall take such

"easures as "ay be necessary in order to protect trade! industrial and policy infor"ation of ilipinofisherfolk! fisheries owners8operators! entrepreneurs! "anufacturers and researchers! when disclosure

of such infor"ation will inure the co"petitiveness or viability of do"estic fisheries#

+ection 22. Assistance in Collectin 'nformation. - The 9epart"ent! in coordination with other

govern"ent entities concerned! "ay re%uire ilipino representatives abroad and foreign-based

personnel to assist in the collection of fisheries data and infor"ation#

+ection 21. Chartin of 6aviational #anes and Delineation of ,"nicipal Waters. - The

9epart"ent shall authorie the Cational Mapping and esource Infor"ation Authority (CAMIA) for

the designation and charting of navigational lanes in fishery areas and delineation of "unicipal waters#The 'hilippine oast .uard shall e$ercise control and supervision over such designated navigational

lanes#

+ection 2. Persons and Dep"ties A"thori2ed to $nforce this Code and Other Fishery #a3s) !"les

and !e"lations. - The law enforce"ent officers of the 9epart"ent! the 'hilippine Cavy! 'hilippine

oast .uard! 'hilippine Cational 'olice ('C')! 'C'-Mariti"e o""and! law enforce"ent officers of

the @.6s and other govern"ent enforce"ent agencies! are hereby authoried to enforce this ode and

other fishery laws! rules and regulations# 4ther co"petent govern"ent officials and e"ployees! punong

barangays and officers and "e"bers of fisherfolk associations who have undergone training on law

enforce"ent "ay be designated in writing by the 9epart"ent as deputy fish wardens in theenforce"ent of this ode and other fishery laws! rules and regulations#

+ection 25. &trenthenin Prosec"tion and Conviction of 4iolators of Fishery #a3s. - The

9epart"ent of Kustice (94K) shall e"bark on a progra" to strengthen the prosecution and conviction

aspects of fishery law enforce"ent through aug"entation of the current co"ple"ent of state

prosecutors and through their continuous training and reorientation on fishery laws! rules and

regulations#

+ection 27. Forein 0rants and Aids. - All foreign grants! aids! e$change progra"s! loans! researches

and the like shall be evaluated and regulated by the 9epart"ent to ensure that such are consistent with

the ilipiniation! de"ocratiation and industrialiation of fishing industry and the develop"ent of the

entire country#

+ection 2. ,andatory !evie3. - The ongress of the 'hilippines shall undertake a "andatory review

of this ode at least once every five (5) years and as often as it "ay dee" necessary! to ensure that

fisheries policies and guidelines re"ain responsive to changing circu"stances#

C'APT(R #$$$



Transitory Proisions

+ection 28. ,oratoria. - The 9epart"ent shall! upon the reco""endation of the Bureau! have the

power to declare a "oratoriu" on the issuance of licenses for co""ercial fishing vessels to operate in

specified area or areas in 'hilippine waters for a li"ited period of ti"e if there are indications of

overfishing brought about by a decrease in the volu"e and sies of fish caught therein or for

conservation or ecological purposes#

Co new licenses and si"ilar privileges on e$ploitation of specific fishery areas in 'hilippine waters and

a%uaculture production areas shall be issued in accordance with this ode# Such "oratoria shall not

e$ceed five (5) years fro" the effectivity of this ode#

+ection 2!. Form"lation of 'mplementin !"les and !e"lations. - An Inter-agency o""ittee is

hereby created to for"ulate rules and regulations for the full i"ple"entation of this ode within ninety

(>7) days of its effectivity: 'rovided! however! That the for"ulated rules and regulations shall be

sub"itted to both Gouses of ongress for infor"ation and guidance# Such rules and regulations shall

take effect upon publication in a newspaper of general circulation#The Inter-agency o""ittee shall be co"posed of the following:

(a) Secretary of Agriculture as hair"an&

(b) Secretary of the Interior and @ocal .overn"ent&

(c) Secretary of *nviron"ent and Catural esources&

(d) Secretary of Kustice&

(e) Secretary of inance&

(f) Secretary of Budget and Manage"ent&

(g) Secretary of @abor and *"ploy"ent&

(h) Secretary of Cational 9efense&

(i) o""issioner of ivil Service o""ission&

() 9irector of BA&

(k) *$ecutive 9irector of 'AM9&

(l) .eneral Manager of '9A&(") 4ne (/) representative fro" each of the following:

(a#/) The @eague of 'rovinces&

(a#1) The @eague of ities&

(a#2) The @eague of Municipalities&

(a#3) The @iga ng "ga Barangay&



(n) epresentative of the "unicipal fisherfolk&

(o) epresentative of the co""ercial fishers&

(p) epresentative of the non-govern"ent organiations involved in fishing concerns& and

(%) A representative fro" the acade"e co"ing fro" the specialied fisheries institution#

C'APT(R $=

Final Proisions

+ection 10. Appropriation. - The su" necessary to effectively carry out the provisions of this Act

during the first year of i"ple"entation shall be sourced fro" the budget of the 9A8BA and other

agencies perfor"ing fisheries-related functions: 'rovided! however! That such a"ount as "ay be

necessary to carry out the provisions of Sections <>! /7>! //7! ///! //1! //2 are hereby appropriated

out of the unappropriated funds of the Cational Treasury# The ongress of the 'hilippines shall provide

for the appropriations of the 9epart"ent! the C9I and the isheries Scholarship 'rogra" for the

succeeding years to be included in the annual .AA#

+ection 1. !epealin Cla"se. - 'residential 9ecree Co# <73! as a"ended by 'residential 9ecree

Cos# /7/5 and /75=! 'residential 9ecree Co# ><<! as a"ended! *$ecutive 4rder Co# >;<! Series of

/>=3! *$ecutive 4rder Co# //;! Series of />=<! *$ecutive 4rder Co# 1>1! Series of />=<! *$ecutive

4rder Co# 3<2! Series of />>/ and other e$isting laws e$cept epublic Act Co# <;//! decrees!

e$ecutive orders! and rules and regulations or parts thereof! which are inconsistent with this ode! are

hereby repealed or "odified accordingly#

+ection 12. &epara%ility Cla"se. - If any portion or provision of this ode is declared unconstitutional

or invalid! the other portions or provisions hereof! which are not affected thereby! shall continue in full

force and effect#

+ection 11. $ffectivity. - This ode shall take effect fifteen (/5) days after its publication in the

4fficial .aette or in two (1) newspapers of general publication#

Approved: February 25, !!8

Documents

RA 8550 the Philippine Fisheries Code of 1998