Philippine

Fisheries
Code of 1998
REPUBLIC ACT NO. 8550
CHAPTER I

DECLARATION OF POLICY AND

DEFINITIONS
 Declaration of Policy
a. to achieve food security as the overriding consideration in the
utilization, management, development, conservation and
protection of fishery resources in order to provide the food
needs of the population. A flexible policy towards the
attainment of food security shall be adopted in response to
changes in demographic trends for fish, emerging trends in the
trade of fish and other aquatic products in domestic and
international markets, and the law of supply and demand;

b. to limit access to the fishery and aquatic resources of the

Philippines for the exclusive use and enjoyment of Filipino
citizens;
 Declaration of Policy
c. to ensure the rational and sustainable development, management
and conservation of the fishery and aquatic resources in Philippine
waters including the Exclusive Economic Zone (EEZ) and in the
adjacent high seas, consistent with the primordial objective of
maintaining a sound ecological balance, protecting and enhancing
the quality of the environment;

d. to protect the rights of fisherfolk, especially of the local

communities with priority to municipal fisherfolk, in the
preferential use of the municipal waters. Such preferential use,
shall be based on, but not limited to, Maximum Sustainable Yield
(MSY) or Total Allowable Catch (TAC) on the basis of resources
and ecological conditions, and shall be consistent with our
commitments under international treaties and agreements;
 Declaration of Policy
e. to provide support to the fishery sector, primarily to the municipal
fisherfolk, including women and youth sectors, through appropriate
technology and research, adequate financial, production,
construction of post-harvest facilities, marketing assistance, and
other services. The protection of municipal fisherfolk against
foreign intrusion shall extend to offshore fishing grounds.
Fishworkers shall receive a just share for their labor in the
utilization of marine and fishery resources;

f. to manage fishery and aquatic resources, in a manner consistent

with the concept of an integrated coastal area management in
specific natural fishery management areas, appropriately
supported by research, technical services and guidance provided
by the State;
 Declaration of Policy
g. to grant the private sector the privilege to utilize fishery resources
under the basic concept that the grantee, licensee or permittee
thereof shall not only be a privileged beneficiary of the State but
also active participant and partner of the Government in the
sustainable development, management, conservation and
protection of the fishery and aquatic resources of the country.
 OBJECTIVES (Sec. 3)
1. Conservation, protection and sustained management of the
country’s fishery and aquatic resources
2. Poverty Alleviation and the provision of supplementary livelihood
among municipal fisherfolk
3. Improvement of productivity of aquaculture within ecological
limits;

4. Optimal utilization of offshore and deep-sea resources; and

5. Upgrading of post-harvest technology
 APPLICATION OF PROVISIONS (Sec. 3)

All Philippine waters including other waters over which the

Philippines has sovereignty and jurisdiction, and the coutry’s 200-
nautical mile Exclusive Economic Zone (EEZ) and continental shelf
All aquatic and fishery resources whether inland, coastal or offshore
fishing areas, including but not limited to fishponds,
fishpens/cages;
All lands devoted to aquaculture, or business and activities relating
to fishery, whether private or public land.
CHAPTER II

UTILIZATION, MANAGEMENT,
DEVELOPMENT, CONSERVATION and
ALLOCATION SYSTEM OF FISHERIES
and AQUATIC RESOURCES
 Use of Philippine Waters (Sec. 5)
The use and exploitation of the fishery and aquatic
resources in Philippine waters shall be reserved exclusively
to Filipinos; Provided however that research and survey
activities may be allowed under strict regulations, for purely
research, scientific, technological and educational purposes
that would also benefit Filipino citizens
MUNICIPAL
FISHERIES
ARTICLE I
 Municipal Fisheries

- Refers to fishing within municipal waters using fishing

vessels of three (3) gross tons or less, or fishing not requiring
the use of fishing vessels.
 Municipal Waters
- - include not only streams, lakes, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas
as defined under Republic Act No. 7586 (The NIPAS Law), public forest,
timber lands, forest reserves or fishery reserves, but also marine waters
included between two (2) lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch
the sea at low tide and a third line parallel with the general coastline
including offshore islands and fifteen (15) kilometers from such coastline.
Where two (2) municipalities are so situated on opposite shores that
there is less than thirty (30) kilometers of marine waters between them,
the third line shall be equally distant from opposite shore of the respective
municipalities.
 WHO HAS JURISDICTION?

- The municipal or city government shall have jurisdiction over

municipal waters. (sec. 16)
COMMERCIAL
FISHERIES
ARTICLE II
 Commercial Fishing
- The taking of fishery species by passive or active gear for trade,
business and profit beyond subsistence or sports fishing, to be further
classified as:

a. Small scale commercial fishing – fishing with passive or active gear

utilizing fishing vessels of 3.1. gross tons (GT) up to twenty (20) GT;

b. Medium scale commercial fishing – fishing utilizing active gears and

vessels of 20.1 GT up to one hundred fifty (150) GT;;

c. Large scale commercial fishing – fishing utilizing active gears and

vessels of more than one hundred fifty (150) GT
 Persons eligible for
Commercial Fishing Vessel
License (Sec. 27)
Citizens of the Philippines, partnerships or to
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.
 • Before a commercial fishing vessel holding a commercial fishing vessel license
may begin fishing operations in the Philippines, the fishing gear it will utilize in
fishing shall be registered and a licensed granted therefor. (sec. 29)

• Reportorial Requirements (Sec. 38) – Each commercial fishing vessel shall keep
a daily record of fish catch and spoilage, landing points, and quantity and value
of fish caught, and off-loaded for transshipment, sale and/or other disposal
AQUACULTURE
ARTICLE III
 AQUACULTURE
- Fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish and marine water areas
 Lease of Fishponds (Sec. 46)
a. Areas leased for fishpond purposes shall be no more than 50 hectares
for individuals and 250 hectares for corporations or fisherfolk
organizations;

b. The lease shall be for a period of 25 years and renewable for another
25; provided that in the case of death of the lessee, his spouse
and/or children, as his heirs, shall have preemptive rights to the
unexpired term of the Fishpond Lease Agreement subject to the same
terms and conditions herein provided

c. Lease rates of fishpond areas shall be determined by the Department

provided, that all fees collected shall be remitted to the National
Fisheries Research and Development Institute
d. The area leased shall be developed and producing on a commercial scale
within 3 years from the approval of the lease contract: provided that all areas
not fully producing within 5 years from the date of approval of the lease contract
shall automatically revert to the public domain for reforestation;

e. The fishpond shall not be subleased, in whole or in part, and failure to comply
with this provision shall mean cancellation of FLA;

f. The transfer or assignment of rights to FLA shall be allowed only upon prior
written approval of the department;

g. The lessee shall undertake reforestation for river banks, bays, streams, and
seashore fronting the dike of his fishpond subject to the rules and regulations to
be promulgated thereon;

h. The lessee shall provide facilities that will minimize environmental pollution,
i. e. settling ponds, reservoirs, etc. provided, that failure to comply with this
provision shall mean cancellation of FLA.
POST-HARVEST FACILITIES,
ACTIVITIES AND TRADES
ARTICLE IV
 POST- HARVEST FACILITIES

- These facilities include, but are not limited to, fishport,

fishlanding, ice plants and cold storages, fish processing plants.
All post harvest facilities must register with and be licensed by the
LGUs which shall prescribe minimum standards for such facilities in
consultation with the Department (Sec. 60)
Importation and Exportation of Fishery Products
a. Export of fishery products shall be regulated whenever such
exportation effects domestic food security and production:
Provided that exportation of live fish shall be prohibited except
those which are hatched or propagated in accredited hatcheries
and ponds;
b. To protect and maintain the local biodiversity or ensure the
sufficiency of domestic supply, spawners, breeders, eggs and fry
of bangus, prawn and other endemic species, as may be
determined by the Department, shall not be exported or caused to
be exported by any person.
Importation and Exportation of Fishery Products
c. Fishery products may be imported only when the importation has
been certified as necessary by the Department in consultation with
the FARMC, provided that fish imports for canning/processing
purposes only may be allowed without the necessary certification but
within the provisions of Section 6d of this code
d. No person, shall import and/or export fishery products of whatever
size, stage or form for any purpose without securing a permit from the
Department
CHAPTER III

Reconstitution of the BFAR

and Creation of Fisheries
and Aquatic Resources
Management Councils
Position of Undersecretary for Fisheries and
Aquatic Resources (Sec. 63)
Created in the Department of Agriculture solely for the purpose of
attending to the needs of the fishing industry, to be appointed by the
President
 Functions of the Undersecretary
a. Set policies and formulate standards for the effective, efficient and
economical operations of the fishing industry in accordance with the
programs of the government
b. exercise overall supervision over all functions and activities of all offices and
instrumentalities 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 may be necessary and appropriate and organize the
internal structure of BFAR in such manner as is necessary for the efficient
and effective attainment of its objectives and purposes;
d. Perform such other functions as may be necessary or proper to attain the
objectives of this Code
 Functions of BFAR (Sec. 65)
(a) prepare and implement a Comprehensive National Fisheries Industry
Development Plan;

(b) issue licenses for the operation of commercial fishing vessels;

(c) issue identification cards free of charge to fishworkers engaged in

commercial fishing;

(d) monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure
that such agreements are not contrary to Philippine commitment under
international treaties and convention on fishing in the high seas;
(e) formulate and implement a Comprehensive Fishery Research and Development
Program, such as, but not limited to, sea farming, sea ranching,
tropical/ornamental fish and seaweed culture, aimed at increasing resource
productivity, improving resource use efficiency, and ensuring the long-term
sustainability of the country's fishery and aquatic resources;

(f) establish and maintain a Comprehensive Fishery Information System;

(g) provide extensive development support services in all aspects of fisheries

production, processing and marketing;
(h) provide advisory services and technical assistance on the improvement of quality
of fish from the time it is caught (i.e. on board fishing vessel, at landing areas,
fish markets, to the processing plants and to the distribution and marketing
chain);
(i) coordinate efforts relating to fishery production undertaken by the primary
fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;

(j) advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;
(k) establish a corps of specialists in collaboration with the Department of National
Defense, Department of the Interior and Local Government, Department of Foreign
Affairs for the efficient monitoring, control and surveillance of fishing activities
within Philippine territorial waters and provide the necessary facilities, equipment
and training therefor;

(l) implement an inspection system for import and export of fishery/aquatic products
and fish processing establishments, consistent with international standards to
ensure product quality and safety;

(m) coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities
to enable women to engage in other fisheries/economic activities and contribute
significantly to development efforts;
(n) enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters,
and to settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

(o) develop value-added fishery-products for domestic consumption and export;

(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, and protection of the fishery resources;
(r) formulate rules and regulations for the conservation and management of straddling
fish stocks and highly migratory fish stocks; and

(s) perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic
resources.
 Composition of BFAR

the BFAR shall be headed by a Director and assisted by two (2)

Assistant Directors who shall supervise the administrative and
technical services of the bureau respectively. It shall establish
regional, provincial and municipal offices as may be appropriate
and necessary to carry out effectively and efficiently the
provisions of this Code.
 Fisheries and
Aquatic Resources
Management
Councils (FARMCs)
ARTICLE II
 Functions of FARMCs (Sec. 74)
(a) assist in the preparation of the Integrated Fishery Development Plan and submit such
plan to the concerned Municipal Development Councils;

(b) recommend the enactment of integrated fishery ordinances to the concerned

sangguniang bayan/panlungsod through its Committee on Fisheries, if such has been
organized

(c) assist in the enforcement of fishery laws, rules and regulations in concerned
municipal waters;

(d) assist in the enforcement of fishery laws, rules and regulations in concerned
municipal waters;

(e) perform such other functions which may be assigned by the concerned sangguniang
bayan/panlungsod
 CHAPTER IV

FISHERY RESERVES,
REFUGE and SANCTUARIES
 Fishing Areas Reserves for Exclusive
Use of Government (Sec. 80)
The Department may designate area or areas in Philippine waters beyond fifteen (15)
kilometers from shoreline as fishery reservation for the exclusive use of the
government or any of its political subdivisions, agencies or instrumentalities, for
propagation, educational, research and scientific purposes: Provided, That in
municipalities or cities, the concerned LGUs in consultation with the FARMCs may
recommend to the Department that portion of the municipal waters be declared as
fishery reserves for special or limited use, for educational, research, and/or special
management purposes
 Fish Refuge and Sanctuaries (Sec. 81)

The Department may establish fish refuge and sanctuaries at least twenty-five
percent (25%) but not more than forty percent (40%) of bays, foreshore lands,
continental shelf or any fishing ground shall be set aside for the cultivation of
mangroves to strengthen the habitat and the spawning grounds of fish.

No commercial fishing are allowed in these areas

 CHAPTER V

FISHERIES RESEARCH and

DEVELOPMENT
Creation of a National Fisheries Research and
Development Institute (NFRDI) (Sec. 82)
- The Institute shall form part of the National Research and Development Network
of the Department of Science and Technology

- The Institute shall serve as the research arm of the BFAR.

- It’s overall governance shall be vested in the Governing Board which shall
formulate policy guidelines for its operation.

- The NFRDI shall have a separate budget specific to its manpower requirements
and operations to ensure independent and objective implementation of its
research activities.
Research and Development Objectives (Sec. 84)
(a) To raise the income of the fisherfolk and to elevate the Philippines among the
top five (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 and needs; and

(d) To coordinate with the fisheries schools, LGUs and private sectors regarding the
maximum utilization of available technology, including the transfer of such
technology to the industry particularly the fisherfolk;
 Functions of the NFRDI (Sec. 85)
(a) establish a national infrastructure unit complete with technologically-advanced
features and modern scientific equipment, which shall facilitate, monitor, and
implement various research needs and activities of the fisheries sector;

(b) provide a venue for intensive training and development of human resources in the
field of fisheries, a repository of all fisheries researches and scientific information;

(c) provide intensive training and development of human resources in the field of
fisheries for the 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 and development programs, also possibly
through collaborative effort with international institutions; and

(e) formally establish, strengthen and expand the network of fisheries-researching

communities through effective communication linkages nationwide.
CHAPTER VI

PROHIBITIONS and
PENALTIES
 Unauthorized Fishing or Engaging in Other
Unauthorized Fisheries Activities(Sec. 86)
- Exploiting, Occupying, Producing, Breeding, Culturing, Capturing or Gathering fish, fry or
fingerlings of any fishery species or fishery products, or engage in any fishery activity
in Philippine waters without a license, lease or permit.

- Discovery of any person in an area where he has no permit or registration papers for a
fishing vessel shall constitute a prima facie presumption that the person and/or
vessel is engaged in unauthorized fishing: Provided, That fishing for daily food
sustenance or for leisure which is not for commercial, occupation or livelihood
purposes may be allowed.
 Penalty:
- Who?

- Any commercial fishing boat captain or the three (3) highest officers of the
boat

- What:

- a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00)

whichever is higher, and imprisonment of six (6) months, confiscation of
catch and fishing gears, and automatic revocation of license.
- It shall be unlawful for any person not listed in the registry of municipal fisherfolk to
engage in any commercial fishing activity in municipal waters. Any municipal
fisherfolk who commits such violation shall be punished by confiscation of catch and
a fine of Five hundred pesos (500.00).
 Poaching in Philippine Waters (Sec. 87)
- It shall be unlawful for any foreign person, corporation or entity to fish or
operate any fishing vessel in Philippine waters.

- The entry of any foreign fishing vessel in Philippine waters shall constitute a
prima facie evidence that the vessel is engaged in fishing in Philippine waters.
 Penalty:
- a fine of One Hundred Thousand US DOLLARS ($100,000.00), in addition
to the confiscation of its catch, fishing equipment and fishing vessel:
- Provided, that the Department is empowered to impose an
administrative fine of not less than Fifty thousand US DOLLARS
($50,000.00) but not more than Two Hundred Thousand US DOLLARS
($200,000.00) or its equivalent in Philippine Currency
Fishing Through Explosives, Noxious or Poisonous
Substance, and/or Electricity (Sec.88)
a. Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years

b. Actual use of explosives, noxious or poisonous substances or electrofishing

devices for illegal fishing shall be punishable by imprisonment ranging from
five (5) years to ten (10) years without prejudice to the filing of separate
criminal cases when the use of the same result to physical injury or loss of
human life.
c. Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment
ranging from six (6) months to two (2) years.

d. In all cases enumerated above, the explosives, noxious or poisonous

substances and/or electrical devices, as well as the fishing vessels,
fishing equipment and catch shall be forfeited.
 Use of Fine Mesh Net (Sec. 89)
FINE MESH NET – net with mesh size of less than three centimeter ( 3cm)
measured between two opposite knots of a full mesh when stretched or as
otherwise determined by the appropriate government agency

* the prohibition on the use of fine mesh net shall not apply to the gathering of
fry, glass eels, elvers, tabios, and alamang and such species which by their
nature are small but already mature to be identified in the implementing
rules and regulations by the Department.
 Penalty
- a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) or imprisonment from six (6) months to two (2) years or both
such fine and imprisonment at the discretion of the court:

- if the offense is committed by a commercial fishing vessel, the boat captain

and the master fisherman shall also be subject to the penalties provided herein

- if the offense is committed by a commercial fishing vessel, the boat captain

and the master fisherman shall also be subject to the penalties provided herein

- That the Department is hereby empowered to impose upon the offender an

administrative fine and/or cancel his permit or license or both.
 Use of Active Gear (Sec. 90)
ACTIVE FISHING GEARS – s a fishing device characterized by gear movements,
and/or the pursuit of the target species by towing, lifting, and pushing the
gears, surrounding, covering, dredging, pumping and scaring the target
species to impoundments; such as, but not limited to, trawl, purse seines,
Danish seines, bag nets, paaling, drift gill net and tuna longline.
 Penalty
a. The boat captain and master fisherman of the vessels who participated in the
violation shall suffer the penalty of imprisonment from two (2) years to six (6)
years;

b. The owner/operator of the vessel shall be fined from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (20,000.00) upon the discretion of the
court.

c. If the owner/operator is a corporation, the penalty shall be imposed on the chief

executive officer of the Corporation.

d. If the owner/operator is a partnership the penalty shall be imposed on the managing

partner.

e. The catch shall be confiscated and forfeited.

Ban on Coral Exploitation and Exportation (Sec. 91_)
EXCEPTION - scientific or research purposes

Penalty:
- imprisonment from six (6) months to two (2) years and a fine from Two
thousand pesos (P2,000.00) to Twenty thousand pesos (20,000.00), or
both such fine and imprisonment, at the discretion of the court, and
forfeiture of the subject corals, including the vessel and its proper
disposition.

- * The confiscated corals shall either be returned to the sea or donated to

schools and museums for educational or scientific purposes or disposed
through other means
 Ban on Muro-Ami Other Methods and Gear
Destructive to Coral Reefs and Other Marine Habitat
(Sec. 92)
- It shall be unlawful for any person, natural or juridical, to fish with gear
method that destroys coral reefs, seagrass beds, and other fishery marine life
habitat as may be determined by the Department. “Muro-Ami” and any of its
variation, and such similar gear and methods that require diving, other physical
or mechanical acts to pound the coral reefs and other habitat to entrap, gather
or catch fish and other fishery species
- a penalty of two (2) years to ten (10) years imprisonment and a fine of not less than
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) or both such fine and imprisonment, 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 export
white sand, silica, pebbles and any other substances which make up any marine
habitat.

• -penalty of two (2) years to ten (10) years imprisonment and a fine of not less than
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) or both such fine and imprisonment, at the discretion of the court. The
substance taken from its marine habitat shall be confiscated.
 Illegal Use of Superlights (Sec. 93)
SUPERLIGHTS - also called magic light, is a type of light using halogen or metal halide
bulb which may be located above the sea surface or submerged in the water. It consists
of a ballast, regulator, electric cable and socket. The source of energy comes from a
generator, battery or dynamo coupled with the main engine.
 Penalty
- imprisonment from six (6) months to two (2) years or a fine of Five thousand
pesos (P5,000.00) per superlight, or both such fine and imprisonment at the
discretion of the courts. The superlight, fishing gears and vessel shall be
confiscated.
 Fishing in Overfished Area and During Closed
Season (Sec. 95)
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.

Penalty
- imprisonment of six (6) months and one (1) day to six (6) years and/or fine of Six
thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing
permit or license.
Fishing or Taking of Rare, Threatened or Endangered
Species (Sec. 97)
- imprisonment of twelve (12) years to twenty (20) years and/or a fine of One
hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch,
and the cancellation of fishing permit.
Capture of Sabalo and Other Breeders/Spawners
(Sec. 98)
- It shall be unlawful for any person to catch, gather, capture or possess mature
milkfish or “sabalo” and such other breeders or spawners of other fishery species as
may be determined by the Department:

- Provided, That catching of “sabalo” and other breeders/spawners for local breeding
purposes or scientific or research purposes may be allowed subject to guidelines to
be promulgated by the Department.

PENALTY

imprisonment of six (6) months and one (1) day to eight (8) years and/or a fine
of Eighty thousand pesos (P80,000.00) and forfeiture of the catch, and fishing
equipment used and revocation of license.
 Exportation of Breeders, Spawners, Eggs or Fry
(Sec. 99)

- Exportation of breeders, spawners, eggs or fry as prohibited in this Code

shall be punished by imprisonment of eight (8) years, confiscation of the
same or a fine equivalent to double the value of the same, and revocation of
the fishing and/or export license/permit.
Importation or Exportation of Fish or Fishery Species
(Sec. 100)

- eight (8) years of imprisonment, a fine of Eighty thousand pesos

(P80,000.00) and destruction of live fishery species or forfeiture of non-live
fishery species in favor of the department for its proper disposition:
Provided, That violator of this provision shall be banned from being members
or stock holders of companies currently engaged in fisheries or companies
to be created in the future, the guidelines for which shall be promulgated by
the Department.
 Violation of Catch Ceilings (Sec. 101)

- imprisonment of six (6) months and one (1) day to six (6) years and/or a
fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch, and
fishing equipment used and revocation of license.
 Aquatic Pollution (Sec. 102)
AQUATIC POLLUTION - the introduction by human or machine, directly or indirectly, of
substances or energy to the aquatic environment which result or is likely to result in
such deleterious effects as to harm living and non-living aquatic resources, pose
potential and/or real hazard to human health, hindrance to aquatic activities such as
fishing and navigation, including dumping/disposal of waste and other marine litters,
discharge of petroleum or residual products of petroleum or carbonaceous
materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made structure.
Deforestation, unsound agricultural practices such as the use of banned chemicals and
excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion,
which cause similar hazards and deleterious effects shall also constitute aquatic
pollution.
 Penalty
imprisonment of six (6) years and one (1) day to twelve (12) years and/or a
fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight
thousand pesos (P8,000.00) per day until such violation ceases and the fines
paid.
Obstruction to Fishery Law Enforcement Officer

The boat owner, master or operator or any person acting on his behalf of any
fishing vessel who evades, obstructs or hinders any fishery law enforcement
officer of the Department to perform his duty, shall be fined Ten thousand
pesos (P10,000.00). In addition, the registration, permit and/or license of the
vessel including the license of the master fisherman shall be canceled.
CHAPTER VII

GENERAL
PROVISIONS
 Fisherfolk Settlement Areas (Sec. 108)

The Department shall establish and create fisherfolk settlement areas in

coordination with concerned agencies of the government, where certain areas
of the public domain, specifically near the fishing grounds, shall be reserved
for the settlement of the municipal fisherfolk.
 Municipal Fisheries Grant Fund (Sec. 109)

For the development, management and conservation of the municipal

resources, there is hereby created a Fishery Grant Fund to finance fishery
projects of the LGUs primarily for the upliftment of the municipal fisherfolk.
The amount of One hundred million pesos (P100,000,000.00) is hereby
appropriated out of the Department’s allocation in the General
Appropriations Act (GAA) to support the Grant Fund.

For this purpose, the Department may seek financial assistance from any
source and may receive any donation therefore.
 Fishery Loan and Guarantee Fund

there is hereby created a Fishery Loan and Guarantee Fund with an initial of
One hundred million pesos (P100,000,000.00), which shall be
administered by the Land Bank of the Philippines. The fund shall be made
available for lending to qualified borrowers to finance the development of
the fishery industry under a program to be prescribed by the Department.
 Fishing Vessels Development Fund

here is hereby created a Fishing Vessels Development Fund to enhance the

building and/or acquisition of fishing vessels. This shall be a long-term
loan facility that shall be administered by the Development Bank of the
Philippines. The amount of Two hundred and fifty million pesos
(P250,000,000.00) per year for five (5) years is hereby appropriated out of
the Department’s allocation in the GAA to support this Development Fund.
Special Fisheries Science and Approfishtech Fund
(Sec. 112)
The Department shall provide subsidy for full technical and financial support
to the development of appropriate technology, both in fishery and ancillary
industries, that are ecologically sound, locally source-based and labor
intensive, based on the requirement and needs of the FARMCs. An initial
amount of One hundred million pesos (100,000,000.00) shall be
authorized for the purpose of a Special Fisheries Science and
Approfishtech Fund, and thereafter shall be included in the GAA.
Special Fisheries Science and Approfishtech Fund
(Sec. 112)
The Department shall provide subsidy for full technical and financial support
to the development of appropriate technology, both in fishery and ancillary
industries, that are ecologically sound, locally source-based and labor
intensive, based on the requirement and needs of the FARMCs. An initial
amount of One hundred million pesos (100,000,000.00) shall be
authorized for the purpose of a Special Fisheries Science and
Approfishtech Fund, and thereafter shall be included in the GAA.
 Aquaculture Investment Fund (Sec. 113)
An Aquaculture Investment Fund in the minimum amount of Fifty million pesos
(P50,000,000.00) shall be established for soft loans which shall be
extended to municipal fisherfolk and their organization who will engage in
aquaculture, and for the development of underdeveloped or underutilized
inland fishponds.
Professionalization of Fisheries Graduates (Sec. 115)
There is hereby created a Fisheries Board of Examiners in the Professional
Regulation Commission to upgrade the Fisheries Profession: Provided,
however, That 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 five (5) years: Provided, finally,
That the first Board Examination for B.S. Fisheries Graduates shall be
conducted within one (1) year from the approval of this Code.
Upgrading of State Fisheries Schools/Colleges
The Department, in coordination with the Commission on Higher Education
(CHED), Department of Education, Culture and Sports (DECS), and
Technical Education and Skills Development Authority (TESDA), shall
upgrade State Fisheries Schools/Colleges which provide both formal and
non-formal education: Provided, however, That the CHED shall incorporate
Approfishtech in the curricula of fisheries schools/colleges..
 Infrastructure Support (Sec. 119)
a. prepare and implement a nationwide plan for the development of municipal
fishing ports and markets;

b. prioritize the construction of farm-to-market roads linking the fisheries

production sites, coastal landing points and other post-harvest facilities
to major market and arterial roads/highways;

c. identity community infrastructure facilities such as fish landing ports, ice

plant and cold storage facilities in consultation with fishery
cooperatives/associations and prepare plans and designs for their
construction that would be consistent with international environmental
impact;
d. establish and maintain quality laboratories in major fish ports and
prescribe the highest standards for the operation and maintenance of
such post-harvest facilities;

e. arrange and make representations with appropriate funding institutions to

finance such facilities for the use of the fishery
cooperatives/associations;

f. develop and strengthen marketing facilities and promote cooperative

marketing systems; and

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

 Protection of Sensitive Technical Information
(Sec 121)

he Department shall take such measures as may be necessary in order to

protect trade, industrial and policy information of Filipino fisherfolk,
fisheries owners/operators, entrepreneurs, manufacturers and
researchers, when disclosure of such information will injure the
competitiveness or viability of domestic fisheries.
Charting of Navigational Lanes and Delineation of
Municipal Waters (Sec. 123)

he Department shall authorize the National Mapping and Resource Information

Authority (NAMRIA) for the designation and charting of navigational lanes in
fishery areas and delineation of municipal waters. The Philippine Coast
Guard shall exercise control and supervision over such designated
navigational lanes.
 Persons and Deputies Authorized to Enforce this
Code and Other Fishery Laws, Rules and Regulations
(Sec. 124)
The law enforcement officers of the Department, the Philippine Navy,
Philippine Coast Guard, Philippine National Police (PNP), PNP-Maritime
Command, law enforcement officers of the LGUs and other government
enforcement agencies, are hereby authorized to enforce this Code and
other fishery laws, rules and regulations. Other competent government
officials and employees, punong barangays and officers and members of
fisherfolk associations who have undergone training on law enforcement
may be designated in writing by the Department as deputy fish wardens in
the enforcement of this Code and other fishery laws, rules and regulations.
 Foreign Grants and Aids (Sec. 126)
All foreign grants, aids, exchange programs, loans, researches and the like
shall be evaluated and regulated by the Department to ensure that such
are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the entire
country.
CHAPTER VIII

TRANSITORY
PROVISIONS
Formulation of Implementing Rules and Regulations
(Sec. 129)
An Inter-agency Committee is hereby created to formulate rules and
regulations for the full implementation of this Code within ninety (90) days
of its effectivity: Provided, however, That the formulated rules and
regulations shall be submitted to both Houses of Congress for information
and guidance. Such rules and regulations shall take effect upon publication
in a newspaper of general circulation.
CHAPTER IX

FINAL
PROVISIONS
 Appropriation (Sec. 130)
The sum necessary to effectively carry out the provisions of this Act during
the first year of implementation shall be sourced from the budget of the
DA/BFAR and other agencies performing fisheries-related functions:
Provided, however, That such amount as may be necessary to carry out the
provisions of Sections 79, 109, 110, 111, 112, 113 are hereby
appropriated out of the unappropriated funds of the National Treasury. The
Congress of the Philippines shall provide for the appropriations of the
Department, the NFRDI and the Fisheries Scholarship Program for the
succeeding years to be included in the annual GAA.