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FISHERIES AND

MARINE RESOURCES
Cruz, Nicholas Michael

Laws on Fisheries
Fisheries Code

RA. 8550

Enacted on 1998

Fisheries Act

Act. 4033
Enacted on

RA No. 8550
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND
CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES,
INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER
PURPOSES

The Philippine Fisheries Code of 1998 (sec.1)


Approved on Feb. 25, 1998

Fisheries Code
As provided under Sec. 2 among others

achieve food security


limit access to Filipino citizens
protect rights of fisherfolk
to provide support to the fishery sector

Definitions
DA-BFAR Bureau of Fisheries and Aquatic Resources
Commercial Fishing - the taking of fishery species by
passive or active gear for trade, business & profit
beyond subsistence or sports fishing
Small scale: vessels of 3.1 to 20 GT
Medium scale: active gears and vessels of 20.1 up to 150 GT
Large scale: active gears and vessels exceeding 150 GT

Aquatic Resources - includes fish, all other aquatic flora


and fauna and other living resources of the aquatic
environment, including, but not limited to, salt and
corals
Closed 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 Philippine
waters
Commercial Scale - a scheme of producing a minimum
harvest per hectare per year of milkfish or other species
including those raised in pens, cages, and tanks to be
determined by the Department in consultation with the

Municipal Fishing -fishing within municipal waters using


3GT fishing vessels or no vessels used
Municipal Fisherfolk - persons directly or indirectly
engaged in fishing activities
Municipal Waters:
bodies of water within the municipality not included in the
NIPAS Law;
public forests, timber lands, forest reserves, fishery reserves;
marine waters as described by sec. 4 [58] of the Fisheries
Code

Marginal Farmers and Fishermen - an individual engaged in


subsistence farming or fishing which shall be limited to the sale,
barter or exchange of agricultural or marine products produced
by himself and his immediate family [RA 7160 Sec. 131 (p)]
FARMC - Fisheries and Aquatic Resources Management Councils
EXECUTIVE ORDER NO. 240 April 28, 1995 (FVR)
CITES Convention on International Trade in Endangered Species of Wild
Fauna and Flora

Jurisdiction of the Municipal/City Government


Municipal Waters

Contiguous fishery resources


Integrated management by LGUs
iFARMC

Users of Municipal Waters


duly registered fisherfolk organizations/cooperatives
special agencies shall also be taken with consideration

medium commercial fishing vessels authorized by the


municipal/city local chief executive subject to certain
requirements under sec. 18
such authorizations or permit shall not be granted on ECAs or
during closed season

PROHIBITIONS AND
PENALTIES

Unauthorized fishing/fisheries activities


no permit, no fishing
prima facie presumption on unauthorized fishing
unlawful for commercial fishing vessels to fish on over
exploited areas
a fine equivalent to the value of the catch or ten thousand
pesos (P10,000), whichever is higher shall be charged as fine,
AND imprisonment of six (6) months, confiscation of catch and
fishing gears, and revocation of license shall be passed against
the captain or the three highest ranking officers of the vessel
exception:
fishing for daily food sustenance or for leisure not for
commercial, occupation, or livelihood purposes

EXPLOSIVES, NOXIOUS/POISONOUS
SUBSTANCES, AND/OR ELECTRICITY

mere possession for fishing purposes as well as dealing


in, selling, or any manner disposing of, for profit of
species caught through such means is punishable by six
months to two years of imprisonment
actual use is punishable by 5 years to 10 years of
imprisonment without prejudice to criminal cases
charged in result of injury or human casualty
exception:
research, educational, and scientific purposes may be
allowed by the Department of Agriculture

Fine Mesh Net

P2,000 to P20,000 fine AND/OR six months to two years


imprisonment
the DA has the power to impose administrative fine
against the offender and/or cancellation of his permit or
license
exception:
such method shall not be illegal when the marine
resources
aimed to catch are fry, glass eels, elvers,
and other species which by nature are small in size but
already mature

Muro-Ami
the operator, boat captain, master fisherman, and
recruiter or organizer of fishworkers engaged in this
method of fishing shall be punished with 2 to 10 years
of imprisonment AND a fine of not less than P100,000 to
P500,000.
the catch and gear used shall also be confiscated

Use of Active Gear on Municipal


Waters and Bays and Other Fishery
Management Areas

punishable by 2 to 6 years of imprisonment as to boat


captain and master fisherman of participating vessels
a fine of P2,000 to P20,000 may be charged by the
court to the owner/operator of the vessel

Coral Exploitation and Exportation


Fishing in Fishery Reserves, Refuge and

Sanctuaries

punishable by a fine of P2,000 to P20,000 and


imprisonment of six months to two years or both at the
discretion of the court
the confiscated corals shall either be returned to the sea
or donated to schools and museums for educational and
scientific purposes or disposed through other means

Other Prohibitions
Conversion of Mangroves
Illegal use of Superlights
Fishing or taking of Rare, Threatened, or Endangered
Species

as listed in the CITES and as determined by the DA


Capture of Sabalo and Other Breeders/Spawners
Exportation of Breeders, Spawners, Eggs or Fry
Importation or Exportation of Fish or Fishery Species
Violation of Catch Ceilings
Aquatic Pollution

Sources
http://www.gov.ph/1998/02/25/republic-act-no-8550/
https://www.google.com.ph/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ve
d=0CC0QFjAC&url=http%3A%2F%2Fplj.upd.edu.ph%2Fwp-content
%2Fuploads%2Fplj%2FPLJ%2520volume%252076%2FPLJ
%2520volume%252076%2520number%25204%2FPLJ
%2520volume%252076%2520number%25204%2520-01%2520Jay%2520L.%2520Batongbacal%2520-%2520The
%2520Evolution%2520of%2520Philippine%2520Fisheries
%2520Legislation.pdf&ei=MN7zVNbhLI3m8AXcxILwCQ&usg=AFQj
CNGj_C7NXbQXHy4nkqJao0BLDZYqIA&bvm=bv.87269000,d.dGc
http://www.lawphil.net/statutes/repacts/ra1998/ra_8550_1998.html

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