Philippine Fisheries Code of 1998

1 R.A. 8550
February 17, 1998
2 Declaration of Policy
a) Flexible/ adaptive attainment of food security
b) Exclusive access to Filipino Citizens
c) Rational & sustainable development, management, & conservation of the fishery & aquatic
resources
d) Protect fisherfolk rights in preferential use of municipal waters based on MSY & TAC under
international treaties & agreement
e) Just share of labor & protection from foreign intrusions
f) State shall provide:
1. Research
2.Technical services
3.guidance & support to the integrated coastal areal management (ICAM)
g) Private sector as the privileged beneficiary & active participant & partner of the government.

OBJECTIVES
1. Conserve, protect, & sustain fishery & aquatic resources.
2. Alleviate poverty, provide fisherfolk livelihood
3. Improve aquaculture productivity
4. Optimum use of off shore & deep-sea resources
5. Upgrade post-harvest technology

3 Application
a. Philippine Waters (200 nm & the continental shelf)
b. All aquatic & fishery resources
c. Public/private l&s for fishery activities

5 Use of Phil. waters

GR: Filipino-exclusive
XPN: For research, survey activities, scientific, technological, & educational purposes that
would benefit the Filipino citizens
6,7 Rentals, permits,licenses, charges, activities within(LGU) & beyond(Department) municipal
waters
- Accruing from the utilization
- Fishing gear, fishing accessories & other fishery activities
- Preference to local communities adjacent/nearest to the municipal waters
17 Privileges shall be granted by:
GR: Municipal/City Council(Sec149 LGC)
XPN: Special agencies in areas vested with jurisdiction by virtue of special laws

18 Granted to: Duly registered fisherfolk organizations/cooperatives

21 - Shall have priority to exploit municipal & demarcated fishery areas of the
said municipality
24 Support to Municipal Fisherfok
by the Department & the LGU
- Technology & research, credit, production & marketing assistance & other services
such as, but not limited to training for additional/supplementary livelihood

25 Rights & Privileges of Fishworkers

- Entitled to the privileges Labor Code, SSS, & other benefits under other laws or social
legislation for workers
- On board any fishing vessels engaged in fishing operations are hereby covered by the
Philippine Labor Code

TIME, PERIOD, AREA, QTY. OF FISH

Catch ceilings
8 may be imposed per a. Prescribed by the Secretary
9 species of fish whenever - In any or all Philippine waters outside the boundary of
necessary & practicable municipal waters & in bays

Closed Season b. Under the jurisdiction of special agencies:

(5) days before the declaration - Established upon its concurrence & approval or
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 - Public notice in at least two (2) recommendation & the concerned LGU in consultation with
newspapers of general circulation the FARMC
- Public service announcements

10, The Department:

11 a) GR: Shall prohibit introduction of foreign aquatic species prohibited
XPN: For scientific & research purposes

b) Declare closed seasons, conservation & rehabilitation measures, & ban fishing &/or taking
- of rare, threatened & endangered species including their eggs/offspring

12, Environmental Impact Statement (EIS)

13 - Submitted to the DENR for review & evaluation
- Government agencies as well as private corporations, firms & entities who intend to
undertake activities or projects which will affect the quality of the environment (P.D.
1586 as well as its IRR)
- Shall issue Environmental Compliance Certificate (ECC)

14 Monitor, control, & surveillance of Philippine water

By the:
Department, LGU,
FARMCs, Private sector,
Other agencies

That the fisheries & aquatic resources in Philippine waters are

Judiciously & wisely utilized & managed on a sustainable basis &
conserved

15 Auxiliary Invoices & its fee

- Issued & determined by the LGUs or their duly authorized representatives
-Prior to their transport

- From point of origin to destination in the Philippines

&/or export purposes

- upon payment of a fee to defray administrative costs

MUNICIPAL FISHERIES
16 Municipal/City Government in consultation w/ the FARMC
18 - Management, conservation, development, protection, utilization & disposition of all fish &
fishery/aquatic resources
- Integrated FARMCs: For contiguous fishery resources such as bays which straddle
several municipalities,citiesor provinces

- Enact appropriate ordinances reviewed by the Sangguniang Panlalawigan (RA 7160)

- Authorize or permit small & medium commercial fishing vessels to operate within
the ten point one (10.1) to fifteen (15) kilometres area from the shoreline in municipal waters
Conditions
a. no commercial fishing with depth less than seven (7) fathom
b. fishing activities utilizing methods & gears consistent with national
policies
c. prior consultation, through public hearing, with the M/CFARMC
d. not having violated this Code, environmental laws & related laws.

LGU – Enforcement

LGU & the Department shall determine:

23 - If a municipal water is overfished
- Or in danger of being overfished,
- & that there is a need to regenerate the fishery resources in that water

NOTE: No authorization or permit shall be granted for fishing in bays in an environmentally

critical condition & during closed season. (sec.9)

19 Registry of municipal fisherfolk

LGU shall maintain a registry of municipal fisherfolk
- Updated annually / as may be necessary
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 - Formulate the necessary mechanisms for inclusion or exclusion procedures of the list

- For the purpose of validating the correctness & completeness of the list:
- It shall be posted in barangay halls
or other strategic locations open to public inspection
- Maintain a registry of municipal fishing vessels by type of gear & other boat particulars with
the assistance of the FARMC.

20 Fisherfolks Organizations &/or Cooperatives

may use of demarcated fishery areas to engage in fish capture, mariculture &/or fishfarming

Note: an organization/cooperative member whose household is already in possession of

a fishery right other than for fish capture cannot enjoy the fishing rights granted to the
organization or cooperative.

Demarcated Areas - boundaries defined by markers & assigned exclusively to specific individuals or
organizations for certain specified & limited uses such as:
a. Aquaculture, sea ranching & sea farming;
22 b. Fish aggregating devices;
c. Fixed & passive fishing gears; &
d. Fry & fingerlings gathering.

Demarcated Fishery Right

Granted by the LGU to fishery organizations/cooperatives for mariculture operation in specific areas

COMMERCIAL FISHERIES
26 Refer to 16, 18 (page 2)

27, Commercial Fishing Vessel registration, documentation, inspection & manning of the
28 operation of all types of fishing vessels plying Philippine waters shall be in accordance with
existing laws, rules & regulations.

36 When actually operated,

shall be manned in accordance with the requirements of the Philippine Merchant Marine rules
& regulations

32 Fishing vessels of Philippine registry may operate in international waters or waters of

other countries which allow such fishing operations
- Secure an international fishing permit & certificate of clearance from the Department
- fish caught by such vessels shall be considered as caught in Philippine waters.
not subject to all import duties & taxes (duly designated fish landings & fish ports
in the Philippines)
- Fishworkers on board Philippine beyond the Philippine EEZ are not considered as
overseas Filipino workers.

Who are Eligible?

30 - partnerships, associations, cooperatives or corporations duly registered in the
Philippines at least sixty percent (60%) of the capital stock of which is owned by
Filipino citizens
- not transferable, directly or indirectly
Renewal
Fishing operations in Philippine waters, the fishing gear it will utilize in fishing shall be
registered & a license granted renewed every three (3) years.
- The owner/operator of a fishing vessel has a period of sixty (60) days
prior to the expiration of the license within which to renew the same.
Report of Transfer of Ownership
- Notify the Department in writing
31 - with a copy of such document within ten (10) days after its transfer to another person

29 Registration & Licensing of Fishing Gears Used in Commercial Fishing

Before a commercial fishing vessel holding a commercial fishing vessel license may
begin.Prior to the importation of fishing vessels & the construction of new fishing vessels, the
approval/clearance
of the Department must first be obtained.

33 Prior to the importation of fishing vessels & the construction of new fishing vessels, the
approval/clearanceof the Department must first be obtained.
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34 Municipal & small-scale commercial fisherfolk shall be granted incentives which shall include,
but are not limited to, the following:

a. At least 10% of the credit & the guarantee funds of government financing institutions
- For post-harvest & marketing projects
- Enhance our fisherfolk competitiveness by reducing post-harvest losses

Qualified projects
Ice plants, cold storage, canning,
warehouse, transport, other related infrastructure projects & facilities

b. Department shall undertake the following programs:

- Capability-building program for targeted parties
Includes:
organizing activities, technology transfer, & skills training
related to commercial fishing as well as credit management.
- For bankability & credit worthiness of municipal & small-scale
commercial fishers
- Shall have priority access over credit & guarantee funds under this Code
- Information campaign shall be conducted to promote the capability-building

35 New incentives for improvement of fishing vessels & acquisition of fishing equipment shall be
granted in addition to incentives already available from the Board of Investments (BOI) to
encourage fishing vessel operators to fish farther in the EEZ & beyond.

Includes:
I. long term loans supported by guarantee facilities to finance the building & acquisition
&/or improvement of fishing vessels & equipment;

II. Limited period of tax & duty exemptions on the importation of fishing vessels
not more than five (5) years old, equipment & paraphernalia

III. Fishing operator of Philippine registry engaged in fisheries in the high seas
entitled to duty & tax rebates on fuel consumption for commercial fisheries
operations

IV. All applicable incentives under the Omnibus Investment Code of 1987:
Provided, that the fishing operation project is qualified for registration & is duly
registered with the BOI.

Other requirements

37 Provide adequate medical supplies & life-saving devices to be determined by the Occupational
Safety & Health Center
Fishing vessel of twenty (20) GT or more shall have as a member of its crew, a person qualified as
a first aider uly certified by the Philippine National Red Cross

38 Keep a daily record of fish catch & spoilage, l&ing points, & quantity & value of fish caught, &
off-loaded for transshipment, sale &/or other disposal duly certified by the vessel's captain &
transmitted monthly to the officer or representative of the Department, at the nearest designated l&ing
point.

39 Vessels & crafts passing navigational lanes or engaged in fisheries activity shall be required to
contribute to meteorological & other data, & shall assist the Department in documentation or
reporting of information vital to navigation & the fishing industry

40 Shall bear a color code as may be determined by the Department & may be assigned a radio
frequency specific & distinct to its area of operation

41 Commercial & other passage not in the regular conduct of fisheries activity shall be made at
designated navigational lanes.

42 Foreign fishing vessels wishing to avail of l&, air & sea facilities available in the Philippines to
transport fishery products which are caught outside Philippine territorial waters to its final
destination
1. Secure clearance from the Department
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 2. Call only at duly designated government-owned or -controlled regional fishport complexes

43 The Department shall promulgate guidelines in the operation of radio communication facilities
on board fishing vessels & the assignment of radio frequencies specific & distinct to area of
operation in coordination with the National Telecommunications Commission.

44 The number & wattage of superlights used in commercial fishing vessels shall be regulated by
the Department: Provided, That the use of superlights is banned within municipal waters & bays.

AQUACULTURE
45 Public lands such as tidal swamps, mangroves, marshes, foreshore lands & ponds suitable for fishery
operations shall not be disposed or alienated.

Fishpond Lease Agreement (FLA)

- Issued for public lands that may be declared available for fishpond development primarily to
qualified fisherfolk cooperatives/associations.
- Filipino citizen with preference,
i. primarily to qualified fisherfolk cooperatives/associations
ii. small & medium enterprises
Department
declare as reservation, portions of available public lands certified as suitable for
fishpond purposes for fish sanctuary, conservation, & ecological purposes

- No fish pens or fish cages or fish traps shall be allowed in lakes

Conditions
Rate: - Determined by the Department,
- Remitted to the National Fisheries Research & Development Institute & other
qualified research institutions

Area: 50 hectares for individuals

250 hectares for corporations or fisherfolk organizations

Term: 25 yrs; renewable for the same period

Transfer of Rights: Upon leassee's death, heirs shall have preemptive rights to
the unexpired term.
Upon prior written approval of the Department

Obligations/Responsibilities:
- Shall be developed & producing on a commercial scale within 3 yrs from
the approval of the lease contract

49 Reversion
-areas not fully producing within five (5) years from the date of
approval of the lease contract shall automatically revert to the public
domain for reforestation

- abandoned, undeveloped or underutilized fishponds covered by FLAs

can be reverted to their original mangrove state
Determined by the DENR, in coordination with the Department,
LGUs, other concerned agencies & FARMCs

- Undertake reforestation for river banks, bays, streams & seashore fronting the
dike of his fishpond subject to the rules & regulations

- Provide facilities that will minimize environmental pollution,

i.e., settling ponds, reservoirs, etc

50 Cancellation
- Failure to comply with the code shall mean cancellation of FLA.
- FLA holders who acquired citizenship in another country
during the term of lease shall have their lease automatically
canceled & the improvements thereon to be forfeited in
favor of the government & disposed of.

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47 The Department shall establish a code of practice for aquaculture
- For the environmentally-sound design & operation to promote the sustainable
development of the & industry.
- Developed through a consultative process with the
- DENR, - Fishworkers,
- FLA holders, - Fishpond owners,
- Fisherfolk cooperatives, - Small-scale operators,
- Research institutions & the academe,
- other potential stakeholders.

The Department may consult with specialized international organizations in the formulation of
the code of practice.

48 The Department shall

formulate incentives & disincentives
a. Effluent charges
b. User fees & negotiable permits
- encourage compliance with the environmental standards & promote sustainable
management practices.

51 License to Operate Fish Pens, Fish Cages, Fish Traps & Other Structures for the
Culture of Fish & Other Fishery Products shall be:

- Constructed & shall operate only within established zones duly designated by LGUs in
consultation with the FARMCs.

consistent with:
a. National fisheries policies
b. After licenses have
been secured

- Not over 10% of the

suitable water surface area of all lakes & rivers shall be allotted.

- Stocking density & feeding requirement which shall be controlled &

determined by its carrying capacity
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No new concessions in municipal areas shall be granted except to municipal fisherfolk
& their organizations.
52 Pearl Farm Leases
respected & allowed to
operate under the terms thereof

LGUs may grant new leases

- Qualified persons
- Necessary capital & technology

54 Inl& fishponds, fish cages & fish pens

- shall be covered under the insurance program of the Philippine
Crop Insurance Corporation for losses caused by force majeure & fortuitous events.

55 Non-Obstruction to:

a. Navigation,
in any stream, river, lakes, or bays flowing
through or adjoining the fish pens, fish cages, fish traps & fishponds, or impede the flow of
the tide to & from the area

Construction made in violation hereof

shall be removed upon the order of the Department
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in coordination with the other government agencies concerned.

b. Defined Migration Paths

- Which will obstruct any defined migration path or migratory fish species such as

river mouths & estuaries within a distance determined by the concerned LGUs in consultation
with & upon the recommendation of the FARMCs.
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57 Registration of Fish Hatcheries & Private Fishponds, etc
- Must be registered with the LGUs
- Which shall
prescribe minimum standards for such facilities
in consultation with the Department

- Operators( private or public lands)

shall annually report to the
Department, for its yearly inventory,
the type of species & volume of production in areas devoted to
aquaculture.

POST-HARVEST FACILITIES, ACTIVITIES & TRADES

58 The Deprtment shall:
a. Conduct a regular study of fisheries;
b. Formulate a Comprehensive Post-harvest & Ancillary Industries Plan

Which shall take into acct. the ff:

a. detailed & clear guidelines on the distribution, construction, maintenance &

use of post-harvest infrastructure facilities;

b. extension of credit & incentives for post-harvest operations;

c. promotion & strengthening of semi-processing, processing & handling;

d. development of domestic fishmeal industry;

e. development of fisheries ship-building & repair as a viable industry;

f. development & strengthening of marketing facilities & activities, including the

pricing system, with emphasis on collective marketing & the elimination of
middlemen;

g. increased participation of cooperatives & non-governmental organizations in

post-harvest operations & ancillary industries;

h. integration of fisheries post-harvest operations into the national fisheries plan.

59 The LGUs shall coordinate with the private sector & other concerned agencies & FARMCs in
the establishment of post-harvest facilities for fishing communities.
i.e. municipal fish
landing sites, fish ports, ice plants & cold storage & other fish processing establishments.
- Consistent with the Comprehensive Post-harvest & Ancillary Industries Plan

Business establishments must register with & be licensed by the LGUs.

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61 Importation & Exportation of Fishery Products

a. Export of fishery products shall be regulated

whenever such exportation affects domestic food security & production:
GR: Exportation of live fish shall be prohibited
XPN: those which are hatched or propagated in accredited hatcheries & ponds

b. Spawners, breeders, eggs & fry of bangus, prawn & other endemic species shall not be exported
or caused to be exported by any person.
To protect & maintain the local biodiversity
OR
Ensure the sufficiency of domestic supply.

c. GR: Fishery products may be imported only when:

a. Importation has been certified by the Department,
in consultation with the FARMC,
b. All the requirements of this Code, rules & regulations have been complied with:

XPN: Fish imports for canning/processing purposes only, but within the provisions of
Section 61 (d) of this Code;
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 d. No person, shall import &/or export fishery products of whatever size, stage or form for any
purpose without securing a permit from the Department.

62 Instruments of Weights & Measures, & Quality Grades/St&ards shall be set by the
Department

-LGU, by appropriate ordinance, penalize fraudulent practices & unlawful possession or

use of instruments of weights & measures.

63 Bureau of Fisheries & Aquatic Resources

64 - Line bureau under the Department of Agriculture
66 - Headed by a Director & assisted by two (2) Assistant Directors
o supervise the administrative & technical services of the bureau respectively

Undersecretary’s Functions
a. Set policies & formulate standards
b. exercise overall supervision over all functions & activities of all offices &
instrumentalities & other offices related
c. establish, with the assistance of the director, such regional, provincial & other fishery
officers
d. perform such other functions as maybe necessary

65 BFAR’s Functions
a. prepare & implement a Comprehensive National Fisheries Industry Development Plan
b. issue licenses for CFV
c. identification cards free of charge

d. monitor & review joint fishing agreements in international waters

- Filipino citizens & foreigners who conduct fishing activities
- Not contrary to international treaties & convention on fishing in high seas.

e. Formulate & implement a Comprehensive Fishery Research & Development Program

i.e. sea farming, sea ranching, tropical/ornamental fish & seaweed culture
- To increase resource productivity, improve resource use efficiency, & ensure
the long-term sustainability of the country's fishery & aquatic resources.

f. establish & maintain a Comprehensive Fishery Information System

g. extensive development support services (production, processing & marketing)
h. advisory services & technical assistance on the improvement of quality of fish from the
time it is caught
i. coordinate efforts relating to fishery production undertaken by the primary fishery producers,
LGUs, FARMCs, & fishery organizations/cooperatives.
j. advise & coordinate with LGUs on the maintenance of proper sanitation & hygienic
practices in fish markets & fish landing areas;
k. establish a corps of specialist
in collaboration with the DND, DILG, DFA for:
I. efficient monitoring, control & surveillance of fishing activities within
Philippine territorial waters.
II. Provide facilities, equipment & training

l. implement as inspection system for import & export of fishery/aquatic products &
fish processing establishments
- consistent with international standards to ensure product quality & safety;

m. coordinate with LGUs & other concerned agencies for the establishment of productivity
enhancing & market development programs in fishing communities to enable
women to engage in other fisheries/economic activities & contribute significantly to
development efforts;

n. enforce all laws, formulate & enforce all rules & regulations governing:
I. conservation & management of fishery resources, except in municipal waters,
II. settle conflicts of resource use allocation
in consultation with the NFARMC, LGUs & local FARMCs;

o. develop value-added fishery-products for domestic consumption & export;

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

q. assist the LGUs in developing their technical capability in the development,

management, regulation, conservation & protection of the fishery resources;

r. formulate rules & regulations for the conservation & management of straddling fish
stocks & highly migratory fish stocks;

s. perform such other related functions which shall promote the development, conservation,
management, protection & utilization of fisheries & aquatic resources.

67 Fisheries Inspection & Quarantine Service

For purposes of monitoring & regulating the importation & exportation of fish & fishery/aquatic
resources.

a. quarantine & quality inspection of all fish & fishery/aquatic products coming into
& going out of the country (air or water),
detect the presence of fish pest & diseases,
- shall be confiscated & disposed of

b. implement international agreements/commitments on bio-safety & bio-diversity,

prevent the movement or trade of endemic fishery & aquatic resources
to ensure that the same are not taken out of the country;

c. examine all fish & fishery products coming into or going out of the country
which may be:
a. source or medium of fish pests or diseases
b. regulated by existing fishery regulations

ensure that the quality of fish import & export meet international st&ards; &

d. document & authorize the movement or trade of fish & fishery products
i. found free of fish pests or diseases
ii. collect necessary fees prescribed by law & regulations.

The Fisheries & Aquatic Resources Management Councils (FARMCs)

69 Established in the national level & in all municipalities/cities abutting (adjacent to) municipal
waters.

- Formed by fisherfolk organizations/cooperatives & NGOs in the locality

assisted by the LGUs & other government entities
- Shall undergo consultation & orientation on the formation before organizing
FARMCs

68 Fisherfolk & their organizations residing within the geographical jurisdiction of the barangays,
municipalities or cities
with the concerned LGUs
shall develop the fishery/aquatic resources in municipal waters & bays.

70 National Fisheries & Aquatic Resources Management Council (NFARMC)

71 Members:
72 a. Undersecretary of Agriculture, as Chairman;
b. Undersecretary of the Interior & Local Government;
- Appointed by the c. 5 members representing the fisherfolk & fishworkers;
President upon the
nomination of their
d. 5 members representing commercial fishing & aquaculture operators & the
respective processing sectors
organizations e. 2 members from the academe; &
f. 1 representative of NGOs involved in fisheries.
- (3) years without
reappointment

Functions:
a. Assist in the formulation of national policies for the protection, sustainable
development
& management of fishery & aquatic resources for the approval of the Secretary;
b. Assist the Department in the preparation of the National Fisheries & Industry
Development Plan;
c. Perform such other functions as may be provided by law.
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73 The M/CFARMCs shall be created in each of the municipalities & cities abutting municipal
74 waters.
75 However, the LGU may create the:
a. Barangay Fisheries & Aquatic Resources Management Councils (BFARMCs);
b. Lakewide Fisheries & Aquatic Resources Management Councils (LFARMCs)
whenever necessary
- a & b shall serve in an advisory capacity to the LGUs.

Members:
a. Municipal/City Planning Development Officer;
b. Chairperson, Agriculture/Fishery Committee of the Sangguniang Bayan/Panlungsod;
c. representative of the Municipal/City Development Council;
d. representative from the accredited non-government organization;
e. representative from the private sector;
f. representative from the Department of Agriculture; &
g. at least 7 fisherfolk representatives 7 municipal fisherfolk, 1 fishworker & 3 commercial
fishers in each municipality/city which include representative from youth & women sector.

Funtions:
a. Assist in the preparation of the Municipal Fishery Development Plan & submit such plan
to the Municipal Development Council;
b. Recommend the enactment of municipal fishery ordinances to the sangguniang
bayan/sangguniang panlungsod through its Committee on Fisheries;
c. Assist in the enforcement of fishery laws, rules & regulations in municipal waters;
d. Advise the sangguniang bayan/panlungsod on fishery matters through its Committee on
Fisheries, if such has been organized
e. Perform such other functions which may be assigned by the sangguniang panlungsod.

76 Integrated Fisheries & Aquatic Resources Management Councils (IFARMCs)

77 - Created in bays, gulfs, lakes & rivers & dams bounded by two (2) or more
78 municipalities/cities

Members:
a. the chairperson of the Committee on Agriculture/Fisheries of the concerned sangguniang
bayan/panlungsod;
b. the Municipal/City Fisheries Officers of the concerned municipalities/cities;
c. the Municipal/City Development Officers of the concerned municipalities/cities;
d. 1 representative from NGO;
e. 1 representative from private sector; &
f. at least 9 representatives from the fisherfolk sector which include representatives from the
youth & women sector.

Functions:
a. Assist in the preparation of the Integrated Fishery Development Plan & submit such plan
to then concerned Municipal Development Councils;
b. Recommend the enactment of integrated fishery ordinances to the concerned
sangguniang bayan/panlungsod through its Committee on Fisheries
c. Assist in the enforcement of fishery laws, rules & regulations in concerned municipal
waters;
d. Advice the concerned sangguniang bayan/panlungsod on fishery matters through its
Committee on Fisheries
e. Perform such other functions which may be assigned by the concerned sangguniang
bayan/panlungsod.

79 Source of Funds of the FARMCs.

- Separate fund for the NFARMC, IFARMCs, & M/CFARMSs shall be established &
administered by the Department from the regular annual budgetary appropriations.

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 FISHERY RESERVES, REFUGE & SANCTUARIES

80 The Department may designate:

81
Fishery RESERVES Fishery REFUGE &
SANCTUARIES
(Administered in the manner to be
prescribed by the BFAR)

PHILIPPINE Beyond 15 kilometers from At least 25%, not more 40%

WATERS shoreline
- For the exclusive use of the
government or any of its political
subdivisions, agencies or
instrumentalities,
- propagation, educational,
research & scientific
purposes
of bays, foreshore l&s,
continental shelf or any fishing
ground
- be set aside for the cultivation
of mangroves
to strengthen the habitat
& the spawning grounds
of fish

MUNICIPALITIES At least 15% where applicable

OR CITIES of the total coastal areas in
Recommend to the Department each municipality
A. LGUs that portion of the municipal
( in consultation waters - based on the best available
with the FARMCs) - For educational, research, &/or scientific data & in consultation
special management purposes. with the Department
OR automatically designated
(for Reservation) as fish sanctuaries
B. FARMCs

NOTE: for REFUGE & SANCTUARIES

- NO COMMERCIAL FISHING shall be allowed WITHIN THESE AREAS

- Existing reserves, sanctuaries & mangrove swamp reservations
by the President or legislated by the Congress of the Philippines
shall be continuously administered & supervised by the concerned agency

FISHERIES RESEARCH & DEVELOPMENT

82 National Fisheries Research & Development Institute (NFRDI)

85 - Shall form part of the National Research & Development Network DOST
- Shall serve as the primary research arm of the BFAR
- Overall governance shall be vested in the Governing Board
- Shall formulate policy guidelines for its operation.
- Plans, programs & operational budget shall be passed by the Board.
- May create committees for the proper & effective performance of its functions.

Functions:
a. establish a national infrastructure unit complete with technologically-advanced features
& modern scientific equipment,
- which shall facilitate, monitor, & implement various research needs & activities
of the fisheries sector

b. provide a venue for intensive training & development of human resources in the field
of fisheries, a repository of all fisheries researches & scientific information; &
c. for.maximum utilization of available technology;

d. hasten the realization of the economic potential of the fisheries sector by maximizing
developmental research efforts in accordance with the requirements of the national
fisheries conservations & development programs, also possibly through collaborative
effort with international institutions
e. formally establish, strengthen & exp& the network of fisheries-researching communities
through effective communication linkages nationwide.

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 Members:
a. Undersecretary for Fisheries - Chairman
b. BFAR Director - Vice Chairman
c. NFRDI Executive Director - Member
d. PCAMRD Executive Director - Member
e. Representative from the academe – Member

f. 4 representatives from the private sector who shall come from the following subsectors:
• Municipal Fisherfolk
• Commercial Fishing
• Aquaculture Operator
• Post-Harvest/Processor

The NFRDI shall have a separate budget specific to its manpower requirements &
operations to ensure the independent & objective implementation of its research
activities.

83 Qualification Standard
Headed by an Executive Director
- Appointed by the President of the Philippines, in recommendation of the governing
board
- Shall hold a doctorate degree in fisheries &/or other related disciplines

The organizational structure & staffing pattern shall be approved

by the Department:
Provided, however, That the staffing pattern & remunerations for scientific & technical staff
shall be based on the qualification standards for science & technology personnel.

84 Research & Development Objectives

a. To raise the income of the fisherfolk & to elevate the Philippines among the top 5 in the
world ranking in the fish productions;
b. To make the country's fishing industry in the high seas competitive;
c. To conduct social research on fisherfolk families for a better understanding of their
conditions & needs;
d. To coordinate with the fisheries schools, LGUs & private sectors regarding the
maximum
utilization of available technology, including the transfer of such technology to the
industry particularly the fisherfolk.

PROHIBITIONS & PENALTIES

CRIMES Description Xpn Prima Facie violation

A. Unauthorized - Any fishery activity For daily food Discovery of any person
Fishing or in Philippine waters sustenance or for in an area where he has
Engaging in without a license, leisure which is not no permit or registration
Other lease or permit. for commercial, papers for a fishing
Unauthorized occupation or vessel.
Fisheries - Any commercial livelihood purposes
Activities fishing vessel to fish
in bays & in such
other fishery
management areas
which have been
declared as over-
exploited.

- Any person not

listed in the registry
of municipal
fisherfolk to engage
in any commercial
fishing activity in
municipal waters.

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B. Poaching in - Entry of any foreign - Mere entry of any foreign
Philippine fishing vessel or to fishing vessel in
Waters fish or to operate any Philippine waters.
fishing vessel in
Philippine waters by
any foreign person,
corporation or entity.

C. Fishing - Use of electricity, a. For research, Mere discovery of

Through explosives, noxious educational or explosives in any fishing
Explosives, or poisonous scientific purposes vessel or in the
Noxious or substance possession of any
Poisonous b. To eradicate fisherfolk, operator,
Substance, &/or predators in fishing boat official or
Electricity fishponds in fishworker.
accordance with
accepted scientific
practices & without
causing adverse
environmental impact
in neighboring
waters.

D. Use of Fine - Using nets with Gathering of

Mesh Net mesh smaller than fry, glass eels, elvers,
that with which may tabios, & alamang &
be fixed by the such species which
Department by their nature are
small but already
mature to be
identified in the
implementing rules &
regulations by the
Department

E. Ban on Coral For any person or

Exploitation & corporation to gather,
Exportation possess, sell or For scientific or
export ordinary research purposes
precious &
semi-precious corals,
whether raw or in
processed form.

F. Capture of Any person to catch, For local breeding

Sabalo & Other gather, capture or purposes or scientific
Breeders/ possess mature or research
Spawners milkfish or "sabalo" purposes may be
& such allowed subject to
other breeders or guidelines to be
spawners of other promulgated by the
fishery species as Department
may be determined
by the Department

CRIME DESCRIPTION

G. Use of Active Gear in the Municipal To engage in fishing in municipal waters & in all
Waters & Bays & Other Fishery bays as well as other fishery
Management Areas management areas using active fishing gears as
defined in this Code

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H. Ban on Muro-Ami, Other Methods & Any person, natural or juridical, to fish with gear
Gear Destructive to Coral Reefs & method that destroys coral reefs,
Other Marine seagrass beds, & other fishery marine life habitat
Habitat. as may be determined by the Department.

"Muro-Ami"
& any of its variation, & such similar gear &
methods that require diving, other physical or
mechanical
acts to pound the coral reefs & other habitat to
entrap, gather or catch fish & other fishery species

I. Illegal Use of Superlights Use of superlights in municipal waters or in

violation of the
rules & regulations which may be promulgated by
the Department on the use of superlights outside
municipal waters

Any person to convert mangroves into fishponds

I. Conversion of Mangroves or for any other purposes.

J. Fishing in Overfished Area & During To fish in overfished area & during closed season.
Closed Season

K. Fishing in Fishery Reserves, To fish in fishery areas declared by the

Refuge & Sanctuaries Department as fishery reserves, refuge &
sanctuaries

L. Fishing or Taking of Rare, To fish or take rare, threatened or endangered

Threatened or Endangered Species species as listed in the CITES & as determined by
the Department

M. Exportation of Breeders, Spawners, Exportation of breeders, spawners, eggs or fish as

Eggs or Fry prohibited in this Code shall

N. Importation or Exportation of Fish Any importation or exportation of fish or fisheries

or Fishery Species. species in violation of this Code

O. Violation of Catch Ceilings Any person to fish in violation of catch ceilings as

determined by the Department.

P. Aquatic Pollution Aquatic pollution, as defined in this Code shall be

unlawful.

Q. Commercial Fishing Vessel Owner/operator of a commercial fishing vessel

Operators Employing Unlicensed employing unlicensed fisherfolk or fishworker
Fisherfolk or Fishworker
or Crew

R. Obstruction of Defined Migration Obstruction of any defined migration paths of

Paths anadromous, catadromous & other migratory
species, in areas including, but not limited to river
mouths & estuaries within a distance determined
by the concerned
FARMCs

S. Obstruction to Fishery Law Boat owner, master or operator or any person

Enforcement Officer. acting on his behalf of any fishing vessel who
evades,
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 obstructs or hinder any fishery law enforcement
officer of the Department to perform his duty

T. Other Violations
Owner & captain of a commercial fishing
Failure to Comply with Minimum vessel engaged in fishing who, upon demand by
Safety Standards. proper authorities, fails to exhibit or show proof of
compliance with the safety standards.

Failure to Conduct a Yearly Report on FLA holder who fails to render a yearly report shall
all Fishponds, Fish Pens & Fish be immediately canceled
Cages.

Gathering & Marketing of Shell Fishes For any person to take, sell, transfer, or
have in possession for any purpose any shell fish
which is sexually mature or below the minimum
size or above the maximum quantities prescribed
for the particular species

Obstruction to Navigation or Flow & Any person who causes obstruction to navigation
Ebb of Tide in any Stream, River, Lake or flow or ebb of tide.
or Bay.

Construction & Operation of Fish To construct & operate fish corrals/traps, fish pens
Corrals/Traps, Fish Pens & Fish Cages & fish cages without a license/permit.

GENERAL PROVISIONS

108 Fisherfolk Settlement Areas - established by the Department in coordination with concerned
agencies of the government for the settlement of the municipal fisherfolk.
- Ownership is not vested

FUNDS

109 Municipal Fisheries Grant Fund (P100M) - for the development, management & conservation of the
municipal resources to finance fishery projects of the LGUs primarily for the upliftment of the municipal
Fisherfolk.
Department may seek financial assistance from any source & may receive any donation
therefore.

110 Fishery Loan & Guarantee Fund (P100M) - for lending to qualified borrowers to finance the
development of the fishery industry under a program to be prescribed by the Department administered
by the L& Bank of the Philippines (Section 7, Article XIII of the Constitution)

111 Fishing Vessel Development Fund (P250M) to enhance the building &/or acquisition of fishing
vessels
- Long-term loan facility administered by the DBP per year for 5 yrs.

112 Special Fisheries Science & Approfishtech Fund (P100M) to the development of appropriate
technology, both in fishery & ancillary industries, that are ecologically sound, locally source based &
labor intensive, based on the requirements & needs of the FARMCs.

113 Aquaculture Investment Fund (P50M) to the development of appropriate technology, both in fishery
& ancillary industries, that are ecologically sound, locally source based & labor intensive, based on the
requirements & needs of the FARMCs.

114 Other Fisheries Financing Facilities qualified Filipino fisherfolk & fisheries enterprises shall enjoy
such other facilities granted them under existing &/or new laws, specially as to rural credit, with
reference being given to fisheries cooperatives.

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115 Professionalization of Fisheries Graduates
Fisheries Board of Examiners in the PRC to upgrade the Fisheries Profession
- those who have passed the Civil Service Examination for Fisheries shall automatically be
granted eligibility by the Fisheries Board of Examiners
- Provided, further, that they have served the industry in either public or private capacity for not
less than 5 years

116 Upgrading of State Fisheries Schools/Colleges

The Department, in coordination with CHED, DECS, TESDA shall upgrade State Fisheries schools /
Colleges which provide both formal & non-formal education
- The Department & the CHED shall jointly formulate standards to upgrade all fisheries
schools/colleges.
- Fisheries schools/colleges that do not meet minimum standards shall be closed.

117 Inclusion of Fisheries Conservation Subjects in School Curriculum for elementary & secondary
schools in both private & public.

118 Educational campaign at all levels

Department, CHED, DECS & the Philippine Information Agency shall launch & pursue a nationwide
educational campaign to:
a. help realize the policies & implement the provisions of this Code;
promote the:
b. development, management, conservation & proper use of the environment;
c principle of sustainable development;
d. development of truly Filipino-oriented fishing & ancillary industries.

119 Infrastructure Support.

a. nationwide plan for the development of municipal fishing ports & markets;

b. construction of farm-to-market roads, coastal landing points & other post-harvest facilities to
major market & arterial roads/highways;

c. identify community infrastructure facilities in consultation with fishery cooperatives/

associations &
prepare plans & designs for their construction, consistent with international
environmental standards & occupational safety in sanitation & environmental impact;
( fish landing ports, ice plant & cold storage facilities)

d. establish & maintain quality laboratories in major fish ports & prescribe the highest
standards
for the operation & maintenance of such post-harvest facilities;

e. arrange & make representations with appropriate funding institutions to finance such
facilities
for the use of the fishery cooperatives/associations;

f. develop & strengthen marketing facilities & promote cooperative marketing systems;

g. promote & strengthen local fisheries ship-building & repair industry.

120 The Department shall develop cost-effective, practical & efficient extension services on a sustained
basis,
in addition to those provided by state educational institutions, especially to municipal
fisherfolk in undeveloped areas, utilizing practicable & indigenous resources & government
agencies available, & based upon a system of self-reliance & self-help.

121 The Department shall take such measures to Protect Sensitive Technical that will injure the
competitiveness or viability of domestic fisheries
- to protect trade, industrial & policy information of Filipino fisherfolk, fisheries
owners/operators, entrepreneurs, manufacturers & researchers

122 The Department, in coordination with other government entities concerned,

may require Filipino representatives abroad & foreign-based personnel
to assist in the collection of fisheries data & information.

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123 The Department shall authorize the NAMRIA for Charting of Navigational Lanes & Delineation of
Municipal Waters
Philippine Coast Guard shall exercise control & supervision over such designated
navigational lanes.

124 Persons & Deputies Authorized to Enforce this Code & Other Fishery Laws, Rules &
Regulations

- Philippine Navy, - Philippine Coast Guard,

- PNP - PNP-Maritime Command Law enforcement officers of the
- LGUs - & other government enforcement agencies.

Other competent government officials & employees,

- Punong barangays & officers
- Members of fisherfolk associations
who have undergone training on law enforcement
may be designated in writing by the Department
as deputy fish wardens

The DOJ shall embark on a program to strengthen the prosecution & conviction
125 aspects of fishery law enforcement through augmentation of the current complement of state
prosecutors
& through their continuous training & reorientation on fishery laws, rules & regulations.

126 All foreign grants, aids, exchange programs, loans, researches & the like
shall be evaluated & regulated by the Department
to ensure that such are consistent with:
a. Filipinization,
b. democratization &
c. industrialization
of fishing industry & the development of the entire country.

127 The Congress of the Philippines

shall undertake a mandatory review of this Code
at least once every 5 yrs & as often as it may deem necessary,
to ensure that fisheries policies & guidelines remain responsive to
changing circumstances.

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