Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No. 8550 February 25, !!8 AN ACT PR"#$%$N& F"R T'( %(#()"P*(NT, *ANA&(*(NT AN% C"N+(R#AT$"N "F T'( F$+'(R$(+ AN% A-AT$C R(+"-RC(+, $NT(&RAT$N& A)) )A+ P(RT$N(NT T'(R(T ", AN% F"R "T'(R P-RP"+(+ Be it enacted by the Senate and House of Representatives of the Philippines in Congr ess assembled: : +ection . Title.- This Act shall be known as /The Philippine Fisheries Code of 1998 ./ C'APT(R $ %eclaration of Policy an%efinitions +ection 2.Declarati on of Policy . - It is hereby declared the policy of the State: (a) to achieve food security as the overriding consideration in the utiliation! "anage"ent! develop"ent! conservation and protection of fishery resources in order to provide the food needs of the population# A fle$ible policy towards the attain"ent of food security shall be adopted in response to changes in de"ographic trends for fish! e"erging trends in the trade offish and other a%uatic products in do"estic and international "arkets! and the law of supply and de"and& (b) to li"it access to the fishery and a%uatic resources of the 'hilippines for the e$clusive use and enoy"ent of ilipino citiens& (c) to ensure the rational and sustainable develop"ent! "anage"ent and conservation of the fishery and a%uatic resources in 'hilippine waters including the *$clusive *cono"ic +one (**+) and in the adacent high seas! consistent with the pri"ordial obective of "aintaining a sound ecological balance! protecting and enhancing the %uality of the environ"ent& (d) to protect the rights of fisherfolk! especially of the local co""unities with priority to "unicipal fisherfolk! in the preferential use of the "unicipal waters# Such preferential use! shall be based on! but not li"ited to! Ma$i"u" Sustainable ,ield (MS,) or T otal Allowable atch (TA) on the basis of resources and ecological conditions! and shall be consistent with ourco""it"ents under international treaties and agree"ents& (e) to provide support to the fishery sector! pri"arily to the "unicipal fisherfolk! including wo"en and youth sectors! through appropriate technology and research! ade%uate financial! production! construction of post-harvest facilities! "arketing assistance! and other services# The protection of "unicipal fisherfolk against foreign intrusion shall e$tend to offshore fishing
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7/25/2019 RA 8550 the Philippine Fisheries Code of 1998
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
+ection . Title. - This Act shall be known as /The Philippine Fisheries Code of 1998./
C'APT(R $
%eclaration of Policy an %efinitions
+ection 2. Declaration of Policy. - It is hereby declared the policy of the State:
(a) to achieve food security as the overriding consideration in the utiliation! "anage"ent!
develop"ent! conservation and protection of fishery resources in order to provide the food
needs of the population# A fle$ible policy towards the attain"ent of food security shall be
adopted in response to changes in de"ographic trends for fish! e"erging trends in the trade of
fish and other a%uatic products in do"estic and international "arkets! and the law of supply and
de"and&
(b) to li"it access to the fishery and a%uatic resources of the 'hilippines for the e$clusive use
and enoy"ent of ilipino citiens&
(c) to ensure the rational and sustainable develop"ent! "anage"ent and conservation of the
fishery and a%uatic resources in 'hilippine waters including the *$clusive *cono"ic +one
(**+) and in the adacent high seas! consistent with the pri"ordial obective of "aintaining a
sound ecological balance! protecting and enhancing the %uality of the environ"ent&
(d) to protect the rights of fisherfolk! especially of the local co""unities with priority to
"unicipal fisherfolk! in the preferential use of the "unicipal waters# Such preferential use! shall
be based on! but not li"ited to! Ma$i"u" Sustainable ,ield (MS,) or Total Allowable atch(TA) on the basis of resources and ecological conditions! and shall be consistent with our
co""it"ents under international treaties and agree"ents&
(e) to provide support to the fishery sector! pri"arily to the "unicipal fisherfolk! including
wo"en and youth sectors! through appropriate technology and research! ade%uate financial!
production! construction of post-harvest facilities! "arketing assistance! and other services# The
protection of "unicipal fisherfolk against foreign intrusion shall e$tend to offshore fishing
7/25/2019 RA 8550 the Philippine Fisheries Code of 1998
grounds# ishworkers shall receive a ust share for their labor in the utiliation of "arine and
fishery resources&
(f) to "anage fishery and a%uatic resources! in a "anner consistent with the concept of an
integrated coastal area "anage"ent in specific natural fishery "anage"ent areas! appropriately
supported by research! technical services and guidance provided by the State& and
(g) to grant the private sector the privilege to utilie fishery resources under the basic concept
that the grantee! licensee or per"ittee thereof shall not only be a privileged beneficiary of the
State but also active participant and partner of the .overn"ent in the sustainable develop"ent!
"anage"ent! conservation and protection of the fishery and a%uatic resources of the country#
The state shall ensure the attain"ent of the following obectives of the fishery sector:
/# onservation! protection and sustained "anage"ent of the country0s fishery and a%uatic
resources&
1# 'overty alleviation and the provision of supple"entary livelihood a"ong "unicipal
fisherfolk&
2# I"prove"ent of productivity of a%uaculture within ecological li"its&
3# 4pti"al utiliation of offshore and deep-sea resources& and
5# 6pgrading of post-harvest technology#
+ection 1. Application of its Provisions. - The provisions of this ode shall be enforced in:
(a) all 'hilippine waters including other waters over which the 'hilippines has sovereignty and
urisdiction! and the country0s 177-nautical "ile *$clusive *cono"ic +one (**+) and
continental shelf&
(b) all a%uatic and fishery resources whether inland! coastal or offshore fishing areas! including
but not li"ited to fishponds! fishpens8cages& and
(c) all lands devoted to a%uaculture! or businesses and activities relating to fishery! whether
private or public lands#
+ection . Definition of Terms. - As used in this ode! the following ter"s and phrases shall "ean as
follows:
/# Ancillary Industries - fir"s or co"panies related to the supply! construction and "aintenanceof fishing vessels! gears! nets and other fishing paraphernalia& fishery "achine shops& and other
facilities such as hatcheries! nurseries! feed plants! cold storage and refrigeration! processing
plants and other pre-harvest and post-harvest facilities#
1# Appropriate ishing Technology - adaptable technology! both in fishing and ancillary
industries! that is ecologically sound! locally source-based and labor intensive#
2# A%uaculture - fishery operations involving all for"s of raising and culturing fish and other
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fishery species in fresh! brackish and "arine water areas#
3# A%uatic 'ollution - the introduction by hu"an or "achine! directly or indirectly! of
substances or energy to the a%uatic environ"ent which result or is likely to result in such
deleterious effects as to har" living and non-living a%uatic resources! pose potential and8or real
haard to hu"an health! hindrance to a%uatic activities such as fishing and navigation! including
du"ping8disposal of waste and other "arine litters! discharge of petroleu" or residual productsof petroleu" or carbonaceous "aterials8substances! and other! radioactive! no$ious or har"ful
li%uid! gaseous or solid substances! fro" any water! land or air transport or other hu"an-"ade
structure# 9eforestation! unsound agricultural practices such as the use of banned che"icals and
e$cessive use of che"icals! intensive use of artificial fish feed! and wetland conversion! which
cause si"ilar haards and deleterious effects shall also constitute a%uatic pollution#
5# A%uatic esources - includes fish! all other a%uatic flora and fauna and other living resources
of the a%uatic environ"ent! including! but not li"ited to! salt and corals#
;# Artificial eefs - any structure of natural or "an-"ade "aterials placed on a body of water toserve as shelter and habitat! source of food! breeding areas for fishery species and shoreline
protection#
<# atch eilings - refer to the annual catch li"its allowed to be taken! gathered or harvested
fro" any fishing area in consideration of the need to prevent overfishing and har"ful depletion
of breeding stocks of a%uatic organis"s#
=# losed Season - the period during which the taking of specified fishery species by a specified
fishing gear is prohibited in a specified area or areas in 'hilippine waters#
># oastal Area8+one - is a band of dry land and adacent ocean space (water and sub"ergedland# in which terrestrial processes and uses directly affect oceanic processes and uses! and vice
versa& its geographic e$tent "ay include areas within a land"ark li"it of one (/# kilo"eter fro"
the shoreline at high tide to include "angrove swa"ps! brackish water ponds! nipa swa"ps!
estuarine rivers! sandy beaches and other areas within a seaward li"it of 177 "eters isobath to
include coral reefs! algal flats! seagrass beds and other soft-botto" areas#
/7# o""ercial ishing - the taking of fishery species by passive or active gear for trade!
business ? profit beyond subsistence or sports fishing! to be further classified as:
(/) S"all scale co""ercial fishing - fishing with passive or active gear utiliing fishing
vessels of 2#/ gross tons (.T) up to twenty (17) .T&
(1) Mediu" scale co""ercial fishing - fishing utiliing active gears and vessels of 17#/
.T up to one hundred fifty (/57) .T& and
(2) @arge co""ercial fishing - fishing utiliing active gears and vessels of "ore than
one hundred fifty (/57) .T#
//# o""ercial Scale - a sche"e of producing a "ini"u" harvest per hectare per year of
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"ilkfish or other species including those raised in pens! cages! and tanks to be deter"ined by
the 9epart"ent in consultation with the concerned sectors&
/1# oral - the hard calcareous substance "ade up of the skeleton of "arine coelenterate polyps
which include reefs! shelves and atolls or any of the "arine coelenterate ani"als living in
colonies where their skeletons for" a stony "ass# They include: (a# skeletons of anthooan
coelenterates characteried as having a rigid a$is of co"pact calcareous or horny spicules! belonging to the genus coralliu" as represented by the red! pink! and white corals which are
considered precious corals& (b# skeletons of anthooan coelenterates characteried by thorny!
horny a$is such as the antipatharians represented by the black corals which are considered se"i-
precious corals& and (c# ordinary corals which are any kind of corals that are not precious nor
se"i-precious#
/2# oral eef - a natural aggregation of coral skeleton! with or without living coral polyps!
occurring in intertidal and subtidal "arine waters#
/3# 9e"arcated Areas - boundaries defined by "arkers and assigned e$clusively to specificindividuals or organiations for certain specified and li"ited uses such as:
(a) A%uaculture! sea ranching and sea far"ing&
(b) ish aggregating devices&
(c) i$ed and passive fishing gears& and
(d) ry and fingerlings gathering#
/5# 9epart"ent - shall "ean the 9epart"ent of Agriculture#
/;# *lectrofishing - the use of electricity generated by batteries! electric generators and other source of electric power to kill! stupefy! disable or render unconscious fishery species! whether
or not the sa"e are subse%uently recovered#
/<# *ndangered are and8or Threatened Species - a%uatic plants! ani"als! including so"e
varieties of corals and sea shells in danger of e$tinction as provided for in e$isting fishery laws!
rules and regulations or in the 'rotected Areas and ildlife Bureau of the 9epart"ent of
*nviron"ent and Catural esources (9*C# and in the onvention on the International Trade
of *ndangered Species of lora and auna (IT*S)#
/=# *$clusive *cono"ic +one (**+# - an area beyond and adacent to the territorial sea which
shall not e$tend beyond 177 nautical "iles fro" the baselines as defined under e$isting laws#
/># AMs - the isheries and A%uatic esources Manage"ent ouncils#
17# ar"-to-Market oads - shall include roads linking the fisheries production sites! coastal
landing points and other post-harvest facilities to "aor "arket and arterial roads and highways#
1/# ine Mesh Cet - net with "esh sie of less than three centi"eters (2 c"## "easured between
two (1# opposite knots of a full "esh when stretched or as otherwise deter"ined by the
7/25/2019 RA 8550 the Philippine Fisheries Code of 1998
33# ishworker - a person regularly or not regularly e"ployed in co""ercial fishing and related
industries! whose inco"e is either in wage! profit-sharing or stratified sharing basis! including
those working in fish pens! fish cages! fish corrals8traps! fishponds! prawn far"s! sea far"s! salt
beds! fish ports! fishing boat or trawlers! or fish processing and8or packing plants# *$cluded
fro" this category are ad"inistrators! security guards and overseers#
35# ood Security - refers to any plan! policy or strategy ai"ed at ensuring ade%uate supplies of appropriate food at affordable prices# ood security "ay be achieved through self-sufficiency
ensuring ade%uate food supplies through a co"bination of do"estic production and
i"portation)! or through pure i"portation#
3;# oreshore @and - a string of land "argining a body of water& the part of a seashore between
the low-water line usually at the seaward "argin of a low tide terrace and the upper li"it of
wave wash at high tide usually "arked by a beach scarp or ber"#
3<# ully-developed ishpond Area - a clean leveled area enclosed by dikes! at least one foothigher than the highest floodwater level in the locality and strong enough to resist pressure at
the highest flood tide& consists of at least a nursery pond! a transition pond! a rearing pond or a
co"bination of any or all said classes of ponds! and a functional water control syste" and
producing in a co""ercial scale#
3=# .ross Tonnage - includes the underdeck tonnage! per"anently enclosed spaces above the
tonnage deck! e$cept for certain e$e"ptions# In broad ter"s! all the vessel0s 0closed-in0 spaces
e$pressed in volu"e ter"s on the bases of one hundred cubic feet (that e%uals one gross ton)#
3># Inland ishery - the freshwater fishery and brackishwater fishponds#
57# @ake - an inland body of water! an e$panded part of a river! a reservoir for"ed by a da"! or
a lake basin inter"ittently or for"erly covered by water#
5/# @i"ited Access - a fishery policy by which a syste" of e%uitable resource and allocation is
established by law through fishery rights granting and licensing procedure as provided by this
ode#
51# Mangroves - a co""unity of intertidal plants including all species of trees! shrubs! vines
and herbs found on coasts! swa"ps! or border of swa"ps#
52# Ma$i"u" Sustainable ,ield (MS,# - is the largest average %uantity of fish that can beharvested fro" a fish stocks8resource within a period of ti"e (e#g# one year# on a sustainable
basis under e$isting environ"ental conditions#
53# Migratory species - refers to any fishery species which in the course of their life could travel
fro" freshwater to "arine water or vice versa! or any "arine species which travel over great
distances in waters of the ocean as part of their behavioral adaptation for survival and
speciation:
7/25/2019 RA 8550 the Philippine Fisheries Code of 1998
(a) Anadro"ous species - "arine fishes which "igrate to freshwater areas to spawn&
(b) atadro"ous species - freshwater fishes which "igrate to "arine areas to spawn#
55# Monitoring! control and surveillance -
(a) Monitoring - the re%uire"ent of continuously observing: (/) fishing effort which can
be e$pressed by the nu"ber of days or hours of fishing! nu"ber of fishing gears andnu"ber of fisherfolk& (1) characteristics of fishery resources& and (2) resource yields
(catch)&
(b) ontrol - the regulatory conditions (legal fra"ework) under which the e$ploitation!
utiliation and disposition of the resources "ay be conducted& and
(c) Surveillance - the degree and types of observations re%uired to "aintain co"pliance
with regulations#
5;# Municipal fisherfolk - persons who are directly or indirectly engaged in "unicipal fishing
and other related fishing activities#
5<# Municipal fishing - refers to fishing within "unicipal waters using fishing vessels of three
(2# gross tons or less! or fishing not re%uiring the use of fishing vessels#
5=# Municipal waters - include not only strea"s! lakes! inland bodies of water and tidal waters
within the "unicipality which are not included within the protected areas as defined under
epublic Act Co# <5=; (The CI'AS @aw)! public forest! ti"ber lands! forest reserves or fishery
reserves! but also "arine waters included between two (1# lines drawn perpendicular to the
general coastline fro" points where the boundary lines of the "unicipality touch the sea at low
tide and a third line parallel with the general coastline including offshore islands and fifteen (/5#
kilo"eters fro" such coastline# here two (1# "unicipalities are so situated on opposite shores
that there is less than thirty (27# kilo"eters of "arine waters between the"! the third line shall
be e%ually distant fro" opposite shore of the respective "unicipalities#
5># Con-govern"ental organiation (C.4# - an agency! institution! a foundation or a group of
persons whose purpose is to assist peoples organiations8associations in various ways including!
but not li"ited to! organiing! education! training! research and8or resource accessing#
;7# 'ayao - a fish aggregating device consisting of a loating raft anchored by a weighted line
with suspended "aterials such as pal" fronds to attract pelagic and schooling species co""on
in deep waters#
;/# 'earl ar" @ease - public waters leased for the purpose of producing cultured pearls#
;1# 'eople0s 4rganiation - a bona fide association of citiens with de"onstrated capacity to
pro"ote the public interest and with identifiable leadership! "e"bership and structure# Its
"e"bers belong to a sector8s who voluntarily band the"selves together to work for and by
the"selves for their own uplift"ent! develop"ent and greater good#
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;2# 'erson - natural or uridical entities such as individuals! associations! partnership!
cooperatives or corporations#
;3# 'hilippine waters - include all bodies of water within the 'hilippine territory such as lakes!
rivers! strea"s! creeks! brooks! ponds! swa"ps! lagoons! gulfs! bays and seas and other bodies
of water now e$isting or which "ay hereafter e$ist in the provinces! cities! "unicipalities! and
barangays and the waters around! between and connecting the islands of the archipelagoregardless of their breadth and di"ensions! the territorial sea! the sea beds! the insular shelves!
and all other waters over which the 'hilippines has sovereignty and urisdiction including the
177-nautical "iles *$clusive *cono"ic +one and the continental shelf#
;5# 'ost-harvest facilities - these facilities include! but are not li"ited to! fishport! fishlanding!
ice plants and cold storages! fish processing plants#
;;# 'urse Seine - a for" of encircling net having a line at the botto" passing through rings
attached to the net! which can be drawn or pursed# In general! the net is set fro" a boat or pair
of boats around the school of fish# The botto" of the net is pulled closed with the purse line#The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt
or fish bag#
;<# esource ent - the difference between the value of the products produced fro" harvesting
a publicly owned resource less the cost of producing it! where cost includes the nor"al return to
capital and nor"al return to labor#
;=# Sea far"ing - the stocking of natural or hatchery-produced "arine plants or ani"als! under
controlled conditions! for purposes of rearing and harvesting! but not li"ited to co""ercially-
i"portant fishes! "ollusks (such as pearl and giant cla" culture)! including seaweeds and
seagrasses#
;># Sea ranching - the release of the young of fishery species reared in hatcheries and nurseries
into natural bodies of water for subse%uent harvest at "aturity or the "anipulation of fishery
habitat! to encourage the growth of the wild stocks#
<7# Secretary - the Secretary of the 9epart"ent of Agriculture#
</# Superlight - also called "agic light! is a type of light using halogen or "etal halide bulb
which "ay be located above the sea surface or sub"erged in the water# It consists of a ballast!
regulator! electric cable and socket# The source of energy co"es fro" a generator! battery or
dyna"o coupled with the "ain engine#
<1# Total Allowable atch (TA# - the "a$i"u" harvest allowed to be taken during a given
period of ti"e fro" any fishery area! or fro" any fishery species or group of fishery species! or
a co"bination of area and species and nor"ally would not e$ceed the MS,#
<2# Trawl - an active fishing gear consisting of a bag shaped net with or without otter boards to
open its opening which is dragged or towed along the botto" or through the water colu"n to
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take fishery species by straining the" fro" the water! including all variations and "odifications
of trawls (botto"! "id-water! and baby trawls) and tow nets#
C'APT(R $$
-tili3ation, *anage4ent, %eelop4ent, Conseration an Allocation +yste4 of Fisheries an
A6uatic Resources
+ection 5. Use of Philippine Waters. - The use and e$ploitation of the fishery and a%uatic resources in
'hilippine waters shall be reserved e$clusively to ilipinos: 'rovided! however! That research and
survey activities "ay be allowed under strict regulations! for purely research! scientific! technological
and educational purposes that would also benefit ilipino citiens#
+ection 7. Fees and Other Fishery Chares. - The rentals for fishpond areas covered by the ishpond
@ease Agree"ent (@A) and license fees for o""ercial ishing Boat @icenses (B@) shall be set at
levels that reflect resource rent accruing fro" the utiliation of resources and shall be deter"ined by
the 9epart"ent: 'rovided! That the 9epart"ent shall also prescribe fees and other fishery charges and
issue the corresponding license or per"it for fishing gear! fishing accessories and other fisheryactivities beyond the "unicipal waters: 'rovided! further! That the license fees of fishery activity in
"unicipal waters shall be deter"ined by the @ocal .overn"ent 6nits (@.6s) in consultation with the
AMs# The AMs "ay also reco""end the appropriate license fees that will be i"posed#
+ection . Access to Fishery !eso"rces. - The 9epart"ent shall issue such nu"ber of licenses and
per"its for the conduct of fishery activities subect to the li"its of the MS, of the resource as
deter"ined by scientific studies or best available evidence# 'reference shall be given to resource users
in the local co""unities adacent or nearest to the "unicipal waters#
+ection 8. Catch Ceilin #imitations. - The Secretary "ay prescribe li"itations or %uota on the total
%uantity of fish captured! for a specified period of ti"e and specified area based on the best available
evidence# Such a catch ceiling "ay be i"posed per species of fish whenever necessary and practicable:
'rovided! however! That in "unicipal waters and fishery "anage"ent areas! and waters under the
urisdiction of special agencies! catch ceilings "ay be established upon the concurrence and approval
or reco""endation of such special agency and the concerned @.6 in consultation with the AM
for conservation or ecological purposes#
+ection !. $sta%lishment of Closed &eason. - The Secretary "ay declare! through public notice in at
least two (1) newspapers of general circulation or in public service announce"ents! whichever is
applicable! at least five (5) days before the declaration! a closed season in any or all 'hilippine waters
outside the boundary of "unicipal waters and in bays! for conservation and ecological purposes# The
Secretary "ay include waters under the urisdiction of special agencies! "unicipal waters and bays!
and8or other areas reserved for the use of the "unicipal fisherfolk in the area to be covered by the
closed season: 'rovided! however! That this shall be done only upon the concurrence and approval or
reco""endation of such special agency and the concerned @.6 and AM: 'rovided! further! That
in "unicipal waters! fishery "anage"ent areas and other areas reserved for the use of the "unicipal
fisherfolk! closed season "ay be established by the concerned @.6 in consultation with the AM
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for conservation or ecological purposes# The AMs "ay also reco""end the establish"ent of
closed seasons in "unicipal waters! fisheries "anage"ent and other areas reserved for the use of the
"unicipal fisherfolk#
+ection 0. 'ntrod"ction of Forein A("atic &pecies. - Co foreign finfish! "ollusk! crustacean or
a%uatic plants shall be introduced in 'hilippine waters without a sound ecological! biological and
environ"ental ustification based on scientific studies subect to the bio-safety standard as provided for by e$isting laws: 'rovided! however! That the 9epart"ent "ay approve the introduction of foreign
a%uatic species for scientific8research purposes#
+ection . Protection of !are) Threatened and $ndanered &pecies. - The 9epart"ent shall declare
closed seasons and take conservation and rehabilitation "easures for rare! threatened and endangered
species! as it "ay deter"ine! and shall ban the fishing and8or taking of rare! threatened and8or
endangered species! including their eggs8offspring as identified by e$isting laws in concurrence with
concerned govern"ent agencies#
+ection 2. $nvironmental 'mpact &tatement *$'&+. - All govern"ent agencies as well as privatecorporations! fir"s and entities who intend to undertake activities or proects which will affect the
%uality of the environ"ent shall be re%uired to prepare a detailed *nviron"ental I"pact State"ent
(*IS) prior to undertaking such develop"ent activity# The preparation of the *IS shall for" an integral
part of the entire planning process pursuant to the provisions of 'residential 9ecree Co# /5=; as well as
protection! utiliation! and disposition of all fish and fishery8a%uatic resources within their respective
"unicipal waters#
The "unicipal8city govern"ent "ay! in consultation with the AM! enact appropriate ordinances for
this purpose and in accordance with the Cational isheries 'olicy# The ordinances enacted by the
"unicipality and co"ponent city shall be reviewed pursuant to epublic Act Co# </;7 by the
sanggunian of the province which has urisdiction over the sa"e#
The @.6s shall also enforce all fishery laws! rules and regulations as well as valid fishery ordinances
enacted by the "unicipal8city council#
The "anage"ent of contiguous fishery resources such as bays which straddle several "unicipalities!
cities or provinces! shall be done in an integrated "anner! and shall not be based on political
subdivisions of "unicipal waters in order to facilitate their "anage"ent as single resource syste"s#
The @.6s which share or border such resources "ay group the"selves and coordinate with each other
to achieve the obectives of integrated fishery resource "anage"ent# The Integrated isheries and
A%uatic esources Manage"ent ouncils (AMs) established under Section <; of this ode shallserve as the venues for close collaboration a"ong @.6s in the "anage"ent of contiguous resources#
+ection . 0rant of Fishin Privilees in ,"nicipal Waters. - The duly registered fisherfolk
organiations8cooperatives shall have preference in the grant of fishery rights by the Municipal8ity
ouncil pursuant to Section /3> of the @ocal .overn"ent ode: 'rovided! That in areas where there
are special agencies or offices vested with urisdiction over "unicipal waters by virtue of special laws
creating these agencies such as! but not li"ited to! the @aguna @ake 9evelop"ent Authority and the
'alawan ouncil for Sustainable 9evelop"ent! said offices and agencies shall continue to grant
per"its for proper "anage"ent and i"ple"entation of the afore"entioned structures#
+ection 8. Users of ,"nicipal Waters. - All fishery related activities in "unicipal waters! as defined
in this ode! shall be utilied by "unicipal fisherfolk and their cooperatives8organiations who are
listed as such in the registry of "unicipal fisherfolk#
The "unicipal or city govern"ent! however! "ay! through its local chief e$ecutive and acting pursuant
to an appropriate ordinance! authorie or per"it s"all and "ediu" co""ercial fishing vessels to
operate within the ten point one (/7#/) to fifteen (/5) kilo"eter area fro" the shoreline in "unicipal
waters as defined herein! provided! that all the following are "et:
(a) no co""ercial fishing in "unicipal waters with depth less than seven (<) fatho"s as
certified by the appropriate agency&
(b) fishing activities utiliing "ethods and gears that are deter"ined to be consistent with
national policies set by the 9epart"ent&
(c) prior consultation! through public hearing! with the M8AM has been conducted& and
(d) the applicant vessel as well as the shipowner! e"ployer! captain and crew have been certified
by the appropriate agency as not having violated this ode! environ"ental laws and related
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+ection 25. !ihts and Privilees of Fish3orers. - The fishworkers shall be entitled to the privileges
accorded to other workers under the @abor ode! Social Security Syste" and other benefits under other
laws or social legislation for workers: 'rovided! That fishworkers on board any fishing vessels engaged
in fishing operations are hereby covered by the 'hilippine @abor ode! as a"ended#
ART$C)( $$
C"**(RC$A) F$+'(R$(+
+ection 27. Commercial Fishin 4essel #icense and Other #icenses. - Co person shall operate a
co""ercial fishing vessel! pearl fishing vessel or fishing vessel for scientific! research or educational
purposes! or engage in any fishery activity! or seek e"ploy"ent as a fishworker or pearl diver without
first securing a license fro" the 9epart"ent! the period of which shall be prescribed by the
9epart"ent: 'rovided! That no such license shall be re%uired of a fishing vessel engaged in scientific!
research or educational purposes within 'hilippine waters pursuant to an international agree"ent of
which the 'hilippines is a signatory and which agree"ent defines the status! privileges and obligations
of said vessel and its crew and the non-ilipino officials of the international agency under which said
vessel operates: 'rovided! further! That "e"bers of the crew of a fishing vessel used for co""ercial
fishing e$cept the duly licensed and8or authoried patrons! "arine engineers! radio operators and cooks
shall be considered as fisherfolk: 'rovided! further"ore! That all skippers8"aster fishers shall be
re%uired to undertake an orientation training on detection of fish caught by illegal "eans before they
can be issued their fishworker licenses: 'rovided! finally! That the large co""ercial fishing vessels
license herein authoried to be granted shall allow the licensee to operate only in 'hilippine waters
seven (<) or "ore fatho"s deep! the depth to be certified by the CAMIA! and subect to the
conditions that "ay be stated therein and the rules and regulations that "ay be pro"ulgated by the
9epart"ent#
+ection 2. Persons $lii%le for Commercial Fishin 4essel #icense. - Co co""ercial fishing vessel
license shall be issued e$cept to citiens of the 'hilippines! partnerships or to associations! cooperatives
or corporations duly registered in the 'hilippines at least si$ty percent (;7E) of the capital stock of
which is owned by ilipino citiens# Co person to who" a license has been issued shall sell! transfer or
assign! directly or indirectly! his stock or interest therein to any person not %ualified to hold a license#
Any such transfer! sale or assign"ent shall be null and void and shall not be registered in the books of
the association! cooperative or corporation#
or purposes of co""ercial fishing! fishing vessels owned by citiens of the 'hilippines! partnerships!
corporations! cooperatives or associations %ualified under this section shall secure ertificates of 'hilippine egistry and such other docu"ents as are necessary for fishing operations fro" the
concerned agencies: 'rovided! That the co""ercial fishing vessel license shall be valid for a period to
vessels of 'hilippine registry "ay operate in international waters or waters of other countries whichallow such fishing operations: 'rovided! That they co"ply with the safety! "anning and other
re%uire"ents of the 'hilippine oast .uard! Mariti"e Industry Authority and other agencies
concerned: 'rovided! however! That they secure an international fishing per"it and certificate of
clearance fro" the 9epart"ent: 'rovided! further! That the fish caught by such vessels shall be
considered as caught in 'hilippine waters and therefore not subect to all i"port duties and ta$es only
when the sa"e is landed in duly designated fish landings and fish ports in the 'hilippines: 'rovided!
further"ore! That landing ports established by canneries! seafood processors and all fish landing sites
established prior to the effectivity of this ode shall be considered authoried landing sites: 'rovided!
finally! That fishworkers on board 'hilippine registered fishing vessels conducting fishing activities beyond the 'hilippine *$clusive *cono"ic +one are not considered as overseas ilipino workers#
+ection 11. 'mportation of Fishin 4essels or Constr"ction of 6e3 Fishin 5oats. - 'rior to the
i"portation of fishing vessels and the construction of new fishing vessels! the approval8clearance of the
9epart"ent "ust first be obtained#
+ection 1. 'ncentives for ,"nicipal and &mall7&cale Commercial Fisherfol. - Municipal and
s"all-scale co""ercial fisherfolk shall be granted incentives which shall include! but are not li"ited
to! the following:
(a) at least ten percent (/7E) of the credit and the guarantee funds of govern"ent financinginstitutions shall be "ade available for post-harvest and "arketing proects for the purpose of
enhancing our fisherfolk co"petitiveness by reducing post-harvest losses# Fualified proects
shall include! but shall not be li"ited to! ice plants! cold storage! canning! warehouse! transport
and other related infrastructure proects and facilities& and
(b) the 9epart"ent shall undertake the following progra"s:
/# a capability-building progra" for targeted parties shall be developed by the
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9epart"ent to pro"ote greater bankability and credit worthiness of "unicipal and
s"all-scale co""ercial fishers# Such progra" shall include organiing activities!
technology transfer! and skills training related to co""ercial fishing as well as credit
"anage"ent# .roups and cooperatives organied under the progra" shall have priority
access over credit and guarantee funds established under this ode& and
1# an infor"ation ca"paign shall be conducted to pro"ote the capability building andcredit progra"s# The ca"paign shall ensure greater infor"ation disse"ination and
accessibility to targeted fisherfolk#
+ection 15. 'ncentives for Commercial Fishers to Fish Farther into the $-cl"sive $conomic one. -
In order to encourage fishing vessel operators to fish farther in the **+ and beyond! new incentives for
i"prove"ent of fishing vessels and ac%uisition of fishing e%uip"ent shall be granted in addition to
incentives already available fro" the Board of Invest"ents (B4I)# Such incentives shall be granted
subect to e$haustive evaluation of resource and e$ploitation conditions in the specified areas of fishing
operations# The incentive shall include! but not be li"ited to:
(a) long ter" loans supported by guarantee facilities to finance the building and ac%uisition
and8or i"prove"ent of fishing vessels and e%uip"ent&
(b) co""ercial fishing vessel operators of 'hilippine registry shall enoy a li"ited period of ta$
and duty e$e"ptions on the i"portation of fishing vessels not "ore than five (5) years old!
e%uip"ent and paraphernalia! the period of e$e"ption and guidelines shall be fi$ed by the
9epart"ent within ninety (>7) days fro" the effectivity of this ode&
(c) co""ercial fishing operator of 'hilippine registry engaged in fisheries in the high seas shall
be entitled to duty and ta$ rebates on fuel consu"ption for co""ercial fisheries operations#
.uidelines shall be pro"ulgated within ninety (>7) days fro" the effectivity of this ode by the
9epart"ent& and
(d) all applicable incentives available under the 4"nibus Invest"ent ode of />=<: 'rovided!
That the fishing operation proect is %ualified for registration and is duly registered with the
B4I#
+ection 17. Complement of Fishin 4essels. - *very co""ercial fishing vessel of 'hilippine registry
when actually operated! shall be "anned in accordance with the re%uire"ents of the 'hilippine
Merchant Marine rules and regulations#
+ection 1. ,edical &"pplies and #ife7&avin Devices. - All fishing vessels shall be provided with
ade%uate "edical supplies and life-saving devices to be deter"ined by the 4ccupational Safety and
Gealth enter: 'rovided! That a fishing vessel of twenty (17) .T or "ore shall have as a "e"ber of its
crew a person %ualified as a first aider duly certified by the 'hilippine Cational ed ross#
+ection 18. !eportorial !e("irements. - *ach co""ercial fishing vessel shall keep a daily record of
fish catch and spoilage! landing points! and %uantity and value of fish caught! and off-loaded for
transship"ent! sale and8or other disposal# 9etailed infor"ation shall be duly certified by the vessel0s
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captain and trans"itted "onthly to the officer or representative of the 9epart"ent! at the nearest
designated landing point#
+ection 1!. !eport of ,eteoroloical and Other Data. - All vessels and crafts passing navigational
lanes or engaged in fisheries activity shall be re%uired to contribute to "eteorological and other data!
and shall assist the 9epart"ent in docu"entation or reporting of infor"ation vital to navigation and the
fishing industry#
+ection 0. Color Code and !adio Fre("ency. - or ad"inistrative efficiency and enforce"ent of
regulations! registered fishing vessels shall bear a color code as "ay be deter"ined by the 9epart"ent
and "ay be assigned a radio fre%uency specific and distinct to its area of operation#
+ection . Passae. - o""ercial and other passage not in the regular conduct of fisheries activity
shall be "ade at designated navigational lanes#
+ection 2. Transshipment. - oreign fishing vessels wishing to avail of land! air and sea facilities
available in the 'hilippines to transport fishery products which are caught outside 'hilippine territorial
waters to its final destination shall call only at duly designated govern"ent-owned or -controlledregional fishport co"ple$es after securing clearance fro" the 9epart"ent#
+ection 1. Operation of !adio Comm"nication Facilities on 5oard Fishin 4essels. - The
9epart"ent shall pro"ulgate guidelines in the operation of radio co""unication facilities on board
fishing vessels and the assign"ent of radio fre%uencies specific and distinct to area of operation in
coordination with the Cational Teleco""unications o""ission#
+ection . Use of &"perliht. - The nu"ber and wattage of superlights used in co""ercial fishing
vessels shall be regulated by the 9epart"ent: 'rovided! That the use of superlights is banned within
"unicipal waters and bays#ART$C)( $$$
A-AC-)T-R(
+ection 5. Disposition of P"%lic #ands for Fishery P"rposes. - 'ublic lands such as tidal swa"ps!
"angroves! "arshes! foreshore lands and ponds suitable for fishery operations shall not be disposed or
alienated# 6pon effectivity of this ode! @A "ay be issued for public lands that "ay be declared
available for fishpond develop"ent pri"arily to %ualified fisherfolk cooperatives8associations:
'rovided! however! That upon the e$piration of e$isting @As the current lessees shall be given priority
and be entitled to an e$tension of twenty-five (15) years in the utiliation of their respective leased
areas# Thereafter! such @As shall be granted to any ilipino citien with preference! pri"arily to
%ualified fisherfolk cooperatives8associations as well as s"all and "ediu" enterprises as defined under
epublic Act Co# =1=>: 'rovided! further! That the 9epart"ent shall declare as reservation! portions of
available public lands certified as suitable for fishpond purposes for fish sanctuary! conservation! and
ecological purposes: 'rovided! finally! That two (1) years after the approval of this Act! no fish pens or
fish cages or fish traps shall be allowed in lakes#
+ection 7. #ease of Fishponds. - ishpond leased to %ualified persons and fisherfolk
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who have ac%uired citienship in another country during the e$istence of the @A shall have their leaseauto"atically cancelled and the i"prove"ents thereon to be forfeited in favor of the govern"ent and
disposed of in accordance with rules and regulations pro"ulgated thereon#
+ection 5. #icense to Operate Fish Pens) Fish Caes) Fish Traps and Other &tr"ct"res for the
C"lt"re of Fish and Other Fishery Prod"cts. - ish pens! fish cages! fish traps and other structures for
the culture of fish and other fishery products shall be constructed and shall operate only within
established ones duly designated by @.6s in consultation with the AMs concerned consistent
with national fisheries policies after the corresponding licenses thereof have been secured# The area to
be utilied for this purpose for individual person shall be deter"ined by the @.6s in consultation with
the concerned AM: 'rovided! however! That not over ten percent (/7E) of the suitable water
surface area of all lakes and rivers shall be allotted for a%uaculture purposes like fish pens! fish cages
and fish traps& and the stocking density and feeding re%uire"ent which shall be controlled and
deter"ined by its carrying capacity: 'rovided! further! That fish pens and fish cages located outside
"unicipal waters shall be constructed and operated only within fish pen and fish cage belts designated
by the 9epart"ent and after corresponding licenses therefor have been secured and the fees thereof
paid#
+ection 52. Pearl Farm #eases. - The foregoing provisions notwithstanding! e$isting pearl far" leases
shall be respected and allowed to operate under the ter"s thereof# Cew leases "ay be granted to
%ualified persons who possess the necessary capital and technology! by the @.6s having urisdiction
over the area#
+ection 51. 0rant of Privilees for Operations of Fish Pens) Caes) Corrals/Traps and &imilar
&tr"ct"res. - Co new concessions! licenses! per"its! leases and si"ilar privileges for the establish"ent
or operation of fish pens! fish cages! fish corrals8traps and other si"ilar structures in "unicipal areas
shall be granted e$cept to "unicipal fisherfolk and their organiations#
+ection 5. 'ns"rance for Fishponds) Fish Caes and Fish Pens. - Inland fishponds! fish cages and
fish pens shall be covered under the insurance progra" of the 'hilippine rop Insurance orporation
for losses caused by force "aeure and fortuitous events#
+ection 55. 6on7O%str"ction to 6aviation. - Cothing in the foregoing sections shall be construed as
per"itting the lessee! licensee! or per"ittee to undertake any construction which will obstruct the free
navigation in any strea"! river! lakes! or bays flowing through or adoining the fish pens! fish cages!
fish traps and fishponds! or i"pede the flow of the tide to and fro" the area# Any construction "ade in
violation hereof shall be re"oved upon the order of the 9epart"ent in coordination with the other
govern"ent agencies concerned at the e$pense of the lessee! licensee! or occupants thereof! whenever
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+ection 78. Development of Fisheries and A("atic !eso"rces in ,"nicipal Waters and 5ays. -
isherfolk and their organiations residing within the geographical urisdiction of the barangays!
"unicipalities or cities with the concerned @.6s shall develop the fishery8a%uatic resources in
"unicipal waters and bays#
+ection 7!. Creation of Fisheries and A("atic !eso"rces ,anaement Co"ncils *FA!,Cs+. -
AMs shall be established in the national level and in all "unicipalities8cities abutting "unicipal
waters as defined by this ode# The AMs shall be for"ed by fisherfolk organiations8cooperativesand C.4s in the locality and be assisted by the @.6s and other govern"ent entities# Before
organiing AMs! the @.6s! C.4s! fisherfolk! and other concerned '4s shall undergo consultation
and orientation on the for"ation of AMs#
+ection 0. Creation and Composition of the 6ational Fisheries and A("atic !eso"rces
,anaement Co"ncil *6FA!,C+. - There is hereby created a Cational isheries and A%uatic
esources Manage"ent ouncil hereinafter referred to as CAM as an advisory8reco""endatory
body to the 9epart"ent# The CAM shall be co"posed of fifteen (/5) "e"bers consisting of:
(a) the 6ndersecretary of Agriculture! as hair"an&
(b) the 6ndersecretary of the Interior and @ocal .overn"ent&
(c) five (5) "e"bers representing the fisherfolk and fishworkers&
(d) five (5) "e"bers representing co""ercial fishing and a%uaculture operators and the
processing sectors&
(e) two (1) "e"bers fro" the acade"e& and
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The ouncil shall adopt rules and regulations necessary to govern its proceedings and election#
+ection !. &o"rce of F"nds of the FA!,Cs. - A separate fund for the CAM! IAMs and
M8AMs shall be established and ad"inistered by the 9epart"ent fro" the regular annual
budgetary appropriations#
C'APT(R $#
Fishery Reseres, Refuge an +anctuaries
+ection 80. Fishin Areas !eserves for $-cl"sive Use of 0overnment. - The 9epart"ent "ay
designate area or areas in 'hilippine waters beyond fifteen (/5) kilo"eters fro" shoreline as fishery
reservation for the e$clusive use of the govern"ent or any of its political subdivisions! agencies or
instru"entalities! for propagation! educational! research and scientific purposes: 'rovided! That in
"unicipalities or cities! the concerned @.6s in consultation with the AMs "ay reco""end to the
9epart"ent that portion of the "unicipal waters be declared as fishery reserves for special or li"ited
use! for educational! research! and8or special "anage"ent purposes# The AMs "ay reco""end to
the 9epart"ent portions of the "unicipal waters which can be declared as fisheries reserves for specialor li"ited use for educational! research and special "anage"ent purposes#
+ection 8. Fish !ef"e and &anct"aries. - The 9epart"ent "ay establish fish refuge and sanctuaries
to be ad"inistered in the "anner to be prescribed by the BA at least twenty-five percent (15E) but
not "ore than forty percent (37E) of bays! foreshore lands! continental shelf or any fishing ground
shall be set aside for the cultivation of "angroves to strengthen the habitat and the spawning grounds
of fish# ithin these areas no co""ercial fishing shall be allowed# All "arine fishery reserves! fish
sanctuaries and "angrove swa"p reservations already declared or proclai"ed by the 'resident or
legislated by the ongress of the 'hilippines shall be continuously ad"inistered and supervised by the
concerned agency: 'rovided! however! That in "unicipal waters! the concerned @.6 in consultationwith the AMs "ay establish fishery refuge and sanctuaries# The AMs "ay also reco""end
fishery refuge and sanctuaries: 'rovided! further! That at least fifteen percent (/5E) where applicable
of the total coastal areas in each "unicipality shall be identified! based on the best available scientific
data and in consultation with the 9epart"ent! and auto"atically designated as fish sanctuaries by the
@.6s in consultation with the concerned AMs#
C'APT(R #
Fisheries Research an %eelop4ent
+ection 82. Creation of a 6ational Fisheries !esearch and Development 'nstit"te *6F!D'+. - In
recognition of the i"portant role of fisheries research in the develop"ent! "anage"ent! conservation
and protection of the country0s fisheries and a%uatic resources! there is hereby created a Cational
isheries esearch and 9evelop"ent Institute (C9I)#
The Institute shall for" part of the Cational esearch and 9evelop"ent Cetwork of the 9epart"ent of
Science and Technology (94ST)#
The Institute! which shall be attached to the 9epart"ent shall serve as the pri"ary research ar" of the
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(/) It shall be unlawful for any person to catch! take or gather or cause to be caught! taken or
gathered! fish or any fishery species in 'hilippine waters with the use of electricity! e$plosives!
no$ious or poisonous substance such as sodiu" cyanide in the 'hilippine fishery areas! which
will kill! stupefy! disable or render unconscious fish or fishery species: 'rovided! That the9epart"ent! subect to such safeguards and conditions dee"ed necessary and endorse"ent fro"
the concerned @.6s! "ay allow! for research! educational or scientific purposes only! the use of
electricity! poisonous or no$ious substances to catch! take or gather fish or fishery species:
'rovided! further! That the use of poisonous or no$ious substances to eradicate predators in
fishponds in accordance with accepted scientific practices and without causing adverse
environ"ental i"pact in neighboring waters and grounds shall not be construed as illegal
fishing#
It will likewise be unlawful for any person! corporation or entity to possess! deal in! sell or in
any "anner dispose of! any fish or fishery species which have been illegally caught! taken or
gathered#
The discovery of dyna"ite! other e$plosives and che"ical co"pounds which contain
co"bustible ele"ents! or no$ious or poisonous substances! or e%uip"ent or device for electro-
fishing in any fishing vessel or in the possession of any fisherfolk! operator! fishing boat official
or fishworker shall constitute pri"a facie evidence! that the sa"e was used for fishing in
violation of this ode# The discovery in any fishing vessel of fish caught or killed with the use
of e$plosive! no$ious or poisonous substances or by electricity shall constitute pri"a facie
evidence that the fisherfolk! operator! boat official or fishworker is fishing with the use thereof#
(1) Mere possession of e$plosive! no$ious or poisonous substances or electrofishing devices for
illegal fishing shall be punishable by i"prison"ent ranging fro" si$ (;) "onths to two (1)
years#
(2) Actual use of e$plosives! no$ious or poisonous substances or electrofishing devices for
illegal fishing shall be punishable by i"prison"ent ranging fro" five (5) years to ten (/7) years
without preudice to the filing of separate cri"inal cases when the use of the sa"e result to
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(3) 9ealing in! selling! or in any "anner disposing of! for profit! illegally caught8gathered
fisheries species shall be punished by i"prison"ent ranging fro" si$ (;) "onths to two (1)
years#
(5) In all cases enu"erated above! the e$plosives! no$ious or poisonous substances and8or
electrical devices! as well as the fishing vessels! fishing e%uip"ent and catch shall be forfeited#
+ection 8!. Use of Fine ,esh 6et. - It shall be unlawful to engage in fishing using nets with "esh
s"aller than that which "ay be fi$ed by the 9epart"ent: 'rovided! That the prohibition on the use of
fine "esh net shall not apply to the gathering of fry! glass eels! elvers! tabios! and ala"ang and such
species which by their nature are s"all but already "ature to be identified in the i"ple"enting rules
and regulations by the 9epart"ent#
Hiolation of the above shall subect the offender to a fine fro" Two thousand pesos ('1!777#77) to
Twenty thousand pesos ('17!777#77) or i"prison"ent fro" si$ (;) "onths to two (1) years or both
such fine and i"prison"ent at the discretion of the court: 'rovided! That if the offense is co""itted bya co""ercial fishing vessel! the boat captain and the "aster fisher"an shall also be subect to the
penalties provided herein: 'rovided! further! That the owner8operator of the co""ercial fishing vessel
who violates this provision shall be subected to the sa"e penalties provided herein: 'rovided! finally!
That the 9epart"ent is hereby e"powered to i"pose upon the offender an ad"inistrative fine and8or
cancel his per"it or license or both#
+ection !0. Use of Active 0ear in the ,"nicipal Waters and 5ays and Other Fishery ,anaement
Areas. - It shall be unlawful to engage in fishing in "unicipal waters and in all bays as well as other
fishery "anage"ent areas using active fishing gears as defined in this ode#
Hiolators of the above prohibitions shall suffer the following penalties:
(/) The boat captain and "aster fisher"an of the vessels who participated in the violation shall
suffer the penalty of i"prison"ent fro" two (1) years to si$ (;) years&
(1) The owner8operator of the vessel shall be fined fro" Two thousand pesos ('1!777#77) to
Twenty thousand pesos (17!777#77) upon the discretion of the court#
If the owner8operator is a corporation! the penalty shall be i"posed on the chief e$ecutive
officer of the orporation#
If the owner8operator is a partnership the penalty shall be i"posed on the "anaging partner#
(2) The catch shall be confiscated and forfeited#
+ection !. 5an on Coral $-ploitation and $-portation. - It shall be unlawful for any person or
corporation to gather! possess! sell or e$port ordinary precious and se"i-precious corals! whether raw
or in processed for"! e$cept for scientific or research purposes#
Hiolations of this provision shall be punished by i"prison"ent fro" si$ (;) "onths to two (1) years
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and a fine fro" Two thousand pesos ('1!777#77) to Twenty thousand pesos (17!777#77)! or both such
fine and i"prison"ent! at the discretion of the court! and forfeiture of the subect corals! including the
vessel and its proper disposition#
The confiscated corals shall either be returned to the sea or donated to schools and "useu"s for
educational or scientific purposes or disposed through other "eans#
+ection !2. 5an on ,"ro7Ami Other ,ethods and 0ear Destr"ctive to Coral !eefs and Other
,arine a%itat. - It shall be unlawful for any person! natural or uridical! to fish with gear "ethod that
destroys coral reefs! seagrass beds! and other fishery "arine life habitat as "ay be deter"ined by the
9epart"ent# DMuro-A"iD and any of its variation! and such si"ilar gear and "ethods that re%uire
diving! other physical or "echanical acts to pound the coral reefs and other habitat to entrap! gather or
catch fish and other fishery species are also prohibited#
The operator! boat captain! "aster fisher"an! and recruiter or organier of fishworkers who violate this
provision shall suffer a penalty of two (1) years to ten (/7) years i"prison"ent and a fine of not less
than 4ne hundred thousand pesos ('/77!777#77) to ive hundred thousand pesos ('577!777#77) or bothsuch fine and i"prison"ent! at the discretion of the court# The catch and gear used shall be confiscated#
It shall likewise be unlawful for any person or corporation to gather! sell or e$port white sand! silica!
pebbles and any other substances which "ake up any "arine habitat#
The person or corporation who violates this provision shall suffer a penalty of two (1) years to ten (/7)
years i"prison"ent and a fine of not less than 4ne hundred thousand pesos ('/77!777#77) to ive
hundred thousand pesos ('577!777#77) or both such fine and i"prison"ent! at the discretion of the
court# The substance taken fro" its "arine habitat shall be confiscated#
+ection !1. 'lleal Use of &"perlihts. - It shall be unlawful to engage in fishing with the use of superlights in "unicipal waters or in violation of the rules and regulations which "ay be pro"ulgated
by the 9epart"ent on the use of superlights outside "unicipal waters#
Hiolations of this provision shall be punished by i"prison"ent fro" si$ (;) "onths to two (1) years or
a fine of ive thousand pesos ('5!777#77) per superlight! or both such fine and i"prison"ent at the
discretion of the courts# The superlight! fishing gears and vessel shall be confiscated#
+ection !. Conversion of ,anroves. - It shall be unlawful for any person to convert "angroves into
fishponds or for any other purposes#
Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) years and one (/)day to twelve (/1) years and8or a fine of *ighty thousand pesos ('=7!777#77): 'rovided! That if the area
re%uires rehabilitation or restoration as deter"ined by the court! the offender should also be re%uired to
restore or co"pensate for the restoration of the da"age#
+ection !5. Fishin in Overfished Area and D"rin Closed &eason. - It shall be unlawful to fish in
overfished area and during closed season#
Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) "onths and one
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(/) day to si$ (;) years and8or fine of Si$ thousand pesos (';!777#77) and by forfeiture of the catch and
cancellation of fishing per"it or license#
+ection !7. Fishin in Fishery !eserves) !ef"e and &anct"aries. - It shall be unlawful to fish in
fishery areas declared by the 9epart"ent as fishery reserves! refuge and sanctuaries#
Hiolation of the provision of this section shall be punished by i"prison"ent of two (1) years to si$ (;)
years and8or fine of Two thousand pesos ('1!777#77) to Twenty thousand pesos ('17!777#77) and by
forfeiture of the catch and the cancellation of fishing per"it or license#
+ection !. Fishin Or Tain of !are) Threatened or $ndanered &pecies. - It shall be unlawful to
fish or take rare! threatened or endangered species as listed in the IT*S and as deter"ined by the
9epart"ent#
Hiolation of the provision of this section shall be punished by i"prison"ent of twelve (/1) years to
twenty (17) years and8or a fine of 4ne hundred and twenty thousand pesos ('/17!777#77) and forfeiture
of the catch! and the cancellation of fishing per"it#
+ection !8. Capt"re of &a%alo and Other 5reeders/&pa3ners. - It shall be unlawful for any person to
catch! gather! capture or possess "ature "ilkfish or DsabaloD and such other breeders or spawners of
other fishery species as "ay be deter"ined by the 9epart"ent: 'rovided! That catching of DsabaloD and
other breeders8spawners for local breeding purposes or scientific or research purposes "ay be allowed
subect to guidelines to be pro"ulgated by the 9epart"ent#
Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) "onths and one
(/) day to eight (=) years and8or a fine of *ighty thousand pesos ('=7!777#77) and forfeiture of the
catch! and fishing e%uip"ent used and revocation of license#
+ection !!. $-portation of 5reeders) &pa3ners) $s or Fry. - *$portation of breeders! spawners!eggs or fry as prohibited in this ode shall be punished by i"prison"ent of eight (=) years!
confiscation of the sa"e or a fine e%uivalent to double the value of the sa"e! and revocation of the
fishing and8or e$port license8per"it#
+ection 00. 'mportation or $-portation of Fish or Fishery &pecies. - Any i"portation or e$portation
of fish or fisheries species in violation of this ode shall be punished by eight (=) years of
i"prison"ent! a fine of *ighty thousand pesos ('=7!777#77) and destruction of live fishery species or
forfeiture of non-live fishery species in favor of the depart"ent for its proper disposition: 'rovided!
That violator of this provision shall be banned fro" being "e"bers or stock holders of co"panies
currently engaged in fisheries or co"panies to be created in the future! the guidelines for which shall be
pro"ulgated by the 9epart"ent#
+ection 0. 4iolation of Catch Ceilins. - It shall be unlawful for any person to fish in violation of
catch ceilings as deter"ined by the 9epart"ent# Hiolation of the provision of this section shall be
punished by i"prison"ent of si$ (;) "onths and one (/) day to si$ (;) years and8or a fine of ifty
thousand pesos ('57!777#77) and forfeiture of the catch! and fishing e%uip"ent used and revocation of
license#
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+ection 02. A("atic Poll"tion. - A%uatic pollution! as defined in this ode shall be unlawful#
Hiolation of the provision of this section shall be punished by i"prison"ent of si$ (;) years and one (/)
day to twelve (/1) years and8or a fine of *ighty thousand pesos ('=7!777#77) plus an additional fine of
*ight thousand pesos ('=!777#77) per day until such violation ceases and the fines paid#
+ection 01. Other 4iolations. - The following fisheries activities shall also be considered as a
violation of this ode:
(a) ailure to o"ply with Mini"u" Safety Standards# - The owner and captain of a
co""ercial fishing vessel engaged in fishing who! upon de"and by proper authorities! fails to
e$hibit or show proof of co"pliance with the safety standards provided in this ode! shall be
i""ediately prevented fro" continuing with his fishing activity and escorted to the nearest port
or landing point# The license to operate the co""ercial fishing vessel shall be suspended until
the safety standard has been co"plied with#
(b) ailure to onduct a ,early eport on all ishponds! ish 'ens and ish ages# - The @A
of the holder who fails to render a yearly report shall be i""ediately cancelled: 'rovided! Thatif the offender be the owner of the fishpond! fish pen or fish cage! he shall be subected to the
following penalties: (/) first offense! a fine of ive hundred pesos ('577#77) per unreported
hectare& (1) subse%uent offenses! a fine of 4ne thousand pesos (/!777#77) per unreported
hectare#
(c) .athering and Marketing of Shell ishes# - It shall be unlawful for any person to take! sell!
transfer! or have in possession for any purpose any shell fish which is se$ually "ature or below
the "ini"u" sie or above the "a$i"u" %uantities prescribed for the particular species#
(d) 4bstruction to Cavigation or low and *bb of Tide in any Strea"! iver! @ake or Bay# - Itshall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide#
(e) onstruction and 4peration of ish orrals8Traps! ish 'ens and ish ages# - It shall be
unlawful to construct and operate fish corrals8traps! fish pens and fish cages without a
license8per"it#
Subect to the provision of subparagraph (b) of this section! violation of the above-enu"erated
prohibited acts shall subect the offender to a fine ranging fro" Two thousand pesos ('1!777#77) to Ten
thousand pesos ('/7!777#77) or i"prison"ent fro" one (/) "onth and one (/) day to si$ (;) "onths! or
both such fine and i"prison"ent! upon the discretion of the court: 'rovided! That the Secretary is
hereby e"powered to i"pose upon the offender an ad"inistrative fine of not "ore than Ten thousand
pesos ('/7!777#77) or to cancel his per"it or license! or to i"pose such fine and to cancel his per"it or
license! in the discretion of the Secretary: 'rovided! further! That the Secretary! or his duly authoried
representative! and law enforce"ent agents are hereby e"powered to i"pound with the assistance of
the 'hilippine oast .uard! 'C'-Mariti"e o""and: 'rovided! finally! That any person who
unlawfully obstructs or delays the inspection and8or "ove"ent of fish and fishery8a%uatic products
when such inspection and8or "ove"ent is authoried under this ode! shall be subect to a fine of not
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or Cre3. - The owner8operator of a co""ercial fishing vessel e"ploying unlicensed fisherfolk or
fishworker shall be fined ive hundred pesos ('577#77) each for every "onth that the sa"e has been
e"ployed and8or 4ne thousand pesos ('/!777#77) for every "onth for each unlicensed crew "e"ber
who has been e"ployed#
+ection 05. O%str"ction of Defined ,iration Paths. - 4bstruction of any defined "igration paths of
anadro"ous! catadro"ous and other "igratory species! in areas including! but not li"ited to river "ouths and estuaries within a distance deter"ined by the concerned AMs shall be punished by
i"prison"ent of seven (<) years to twelve (/1) years or a fine fro" ifty thousand pesos ('57!777#77)
to 4ne hundred thousand pesos ('/77!777#77)or both i"prison"ent and fine at the discretion of the
court! and cancellation of per"it8license! if any! and dis"antling of obstruction shall be at his own
e$pense and confiscation of sa"e#
+ection 07. O%str"ction to Fishery #a3 $nforcement Officer. - The boat owner! "aster or operator
or any person acting on his behalf of any fishing vessel who evades! obstructs or hinders any fishery
law enforce"ent officer of the 9epart"ent to perfor" his duty! shall be fined Ten thousand pesos
('/7!777#77)# In addition! the registration! per"it and8or license of the vessel including the license of
the "aster fisher"an shall be canceled#
+ection 0. Prom"lation of Administrative Orders. - or purposes of fishery regulation or other
fishery adust"ents! the 9epart"ent in consultation with the @.6s and local AMs! shall issue
ishery Ad"inistrative 4rders or regulations for the conservation! preservation! "anage"ent and
sustainable develop"ent of fishery and a%uatic resources#
C'APT(R #$$
&eneral Proisions
+ection 08. Fisherfol &ettlement Areas. - The 9epart"ent shall establish and create fisherfolk
settle"ent areas in coordination with concerned agencies of the govern"ent! where certain areas of the
public do"ain! specifically near the fishing grounds! shall be reserved for the settle"ent of the
"unicipal fisherfolk# Cothing in this section shall be construed to vest ownership of any resettle"ent
area to a "unicipal fisherfolk for who" said areas "ay have been reserved for or had been actually
granted to#
+ection 0!. ,"nicipal Fisheries 0rant F"nd. - or the develop"ent! "anage"ent and conservation
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of the "unicipal resources! there is hereby created a ishery .rant und to finance fishery proects of
the @.6s pri"arily for the uplift"ent of the "unicipal fisherfolk# The a"ount of 4ne hundred "illion
pesos ('/77!777!777#77) is hereby appropriated out of the 9epart"ent0s allocation in the .eneral
Appropriations Act (.AA) to support the .rant und#
or this purpose! the 9epart"ent "ay seek financial assistance fro" any source and "ay receive any
donation therefore#
+ection 0. Fishery #oan and 0"arantee F"nd. - 'ursuant to Section <! Article JIII of the
onstitution! there is hereby created a ishery @oan and .uarantee und with an initial of 4ne hundred
"illion pesos ('/77!777!777#77)! which shall be ad"inistered by the @and Bank of the 'hilippines# The
fund shall be "ade available for lending to %ualified borrowers to finance the develop"ent of the
fishery industry under a progra" to be prescribed by the 9epart"ent#
or the sa"e purpose! the 9epart"ent "ay seek financial assistance fro" any source and "ay receive
any donation therefro"#
+ection . Fishin 4essels Development F"nd. - There is hereby created a ishing Hessels9evelop"ent und to enhance the building and8or ac%uisition of fishing vessels# This shall be a long-
ter" loan facility that shall be ad"inistered by the 9evelop"ent Bank of the 'hilippines# The a"ount
of Two hundred and fifty "illion pesos ('157!777!777#77) per year for five (5) years is hereby
appropriated out of the 9epart"ent0s allocation in the .AA to support this 9evelop"ent und#
+ection 2. &pecial Fisheries &cience and Approfishtech F"nd. - The 9epart"ent shall provide
subsidy for full technical and financial support to the develop"ent of appropriate technology! both in
fishery and ancillary industries! that are ecologically sound! locally source-based and labor intensive!
based on the re%uire"ent and needs of the AMs# An initial a"ount of 4ne hundred "illion pesos
(/77!777!777#77) shall be authoried for the purpose of a Special isheries Science and Approfishtech
und! and thereafter shall be included in the .AA#
+ection 1. A("ac"lt"re 'nvestment F"nd. - An A%uaculture Invest"ent und in the "ini"u"
a"ount of ifty "illion pesos ('57!777!777#77) shall be established for soft loans which shall be
e$tended to "unicipal fisherfolk and their organiation who will engage in a%uaculture! and for the
develop"ent of underdeveloped or underutilied inland fishponds#
+ection . Other Fisheries Financin Facilities. - In addition to fisheries credit guarantee! grant and
other si"ilar facilities granted under this ode! %ualified ilipino fisherfolk and fisheries enterprises
shall enoy such other facilities granted the" under e$isting and8or new laws! specially as to ruralcredit! with preference being given to fisheries cooperatives#
+ection 5. Professionali2ation of Fisheries 0rad"ates. - There is hereby created a isheries Board
of *$a"iners in the 'rofessional egulation o""ission to upgrade the isheries 'rofession:
'rovided! however! That those who have passed the ivil Service *$a"ination for isheries shall
auto"atically be granted eligibility by the isheries Board of *$a"iners: 'rovided! further! That they
have served the industry in either public or private capacity for not less than five (5) years: 'rovided!
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finally! That the first Board *$a"ination for B#S# isheries .raduates shall be conducted within one (/)
year fro" the approval of this ode#
+ection 7. Upradin of &tate Fisheries &chools/Collees. - The 9epart"ent! in coordination with
the o""ission on Gigher *ducation (G*9)! 9epart"ent of *ducation! ulture and Sports (9*S)!
and Technical *ducation and Skills 9evelop"ent Authority (T*S9A)! shall upgrade State isheries
Schools8olleges which provide both for"al and non-for"al education: 'rovided! however! That theG*9 shall incorporate Approfishtech in the curricula of fisheries schools8colleges#
The 9epart"ent and the G*9 shall ointly for"ulate standards to upgrade all fisheries
schools8colleges# isheries schools8colleges that do not "eet "ini"u" standards shall be closed#
+ection . 'ncl"sion of Fisheries Conservation &"%;ects in &chool C"rric"l"m. - isheries
conservation subects shall be incorporated in the curricula of ele"entary and secondary schools both
private and public#
+ection 8. $d"cational campain at all levels. - The 9epart"ent! the G*9! the 9*S and the
'hilippine Infor"ation Agency shall launch and pursue a nationwide educational ca"paign to:
(a) help realie the policies and i"ple"ent the provisions of this ode&
(b) pro"ote the develop"ent! "anage"ent! conservation and proper use of the environ"ent&
(c) pro"ote the principle of sustainable develop"ent& and
(d) pro"ote the develop"ent of truly ilipino-oriented fishing and ancillary industries#
+ection !. 'nfrastr"ct"re &"pport. - The 9epart"ent in cooperation with concerned agencies shall:
(a) prepare and i"ple"ent a nationwide plan for the develop"ent of "unicipal fishing ports and
"arkets&
(b) prioritie the construction of far"-to-"arket roads linking the fisheries production sites!
coastal landing points and other post-harvest facilities to "aor "arket and arterial
roads8highways&
(c) identity co""unity infrastructure facilities such as fish landing ports! ice plant and cold
storage facilities in consultation with fishery cooperatives8associations and prepare plans and
designs for their construction that would be consistent with international environ"ental i"pact&
(d) establish and "aintain %uality laboratories in "aor fish ports and prescribe the highest
standards for the operation and "aintenance of such post-harvest facilities&
(e) arrange and "ake representations with appropriate funding institutions to finance such
facilities for the use of the fishery cooperatives8associations&
(f) develop and strengthen "arketing facilities and pro"ote cooperative "arketing syste"s& and
(g) pro"ote and strengthen local fisheries ship-building and repair industry#
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+ection 20. $-tension &ervices. - The 9epart"ent shall develop cost-effective! practical and efficient
e$tension services on a sustained basis! in addition to those provided by state educational institutions!
especially to "unicipal fisherfolk in undeveloped areas! utiliing practicable and indigenous resources
and govern"ent agencies available! and based upon a syste" of self-reliance and self-help#
+ection 2. Protection of &ensitive Technical 'nformation. - The 9epart"ent shall take such
"easures as "ay be necessary in order to protect trade! industrial and policy infor"ation of ilipinofisherfolk! fisheries owners8operators! entrepreneurs! "anufacturers and researchers! when disclosure
of such infor"ation will inure the co"petitiveness or viability of do"estic fisheries#
+ection 22. Assistance in Collectin 'nformation. - The 9epart"ent! in coordination with other
govern"ent entities concerned! "ay re%uire ilipino representatives abroad and foreign-based
personnel to assist in the collection of fisheries data and infor"ation#
+ection 21. Chartin of 6aviational #anes and Delineation of ,"nicipal Waters. - The
9epart"ent shall authorie the Cational Mapping and esource Infor"ation Authority (CAMIA) for
the designation and charting of navigational lanes in fishery areas and delineation of "unicipal waters#The 'hilippine oast .uard shall e$ercise control and supervision over such designated navigational
lanes#
+ection 2. Persons and Dep"ties A"thori2ed to $nforce this Code and Other Fishery #a3s) !"les
and !e"lations. - The law enforce"ent officers of the 9epart"ent! the 'hilippine Cavy! 'hilippine
oast .uard! 'hilippine Cational 'olice ('C')! 'C'-Mariti"e o""and! law enforce"ent officers of
the @.6s and other govern"ent enforce"ent agencies! are hereby authoried to enforce this ode and
other fishery laws! rules and regulations# 4ther co"petent govern"ent officials and e"ployees! punong
barangays and officers and "e"bers of fisherfolk associations who have undergone training on law
enforce"ent "ay be designated in writing by the 9epart"ent as deputy fish wardens in theenforce"ent of this ode and other fishery laws! rules and regulations#
+ection 25. &trenthenin Prosec"tion and Conviction of 4iolators of Fishery #a3s. - The
9epart"ent of Kustice (94K) shall e"bark on a progra" to strengthen the prosecution and conviction
aspects of fishery law enforce"ent through aug"entation of the current co"ple"ent of state
prosecutors and through their continuous training and reorientation on fishery laws! rules and
regulations#
+ection 27. Forein 0rants and Aids. - All foreign grants! aids! e$change progra"s! loans! researches
and the like shall be evaluated and regulated by the 9epart"ent to ensure that such are consistent with
the ilipiniation! de"ocratiation and industrialiation of fishing industry and the develop"ent of the
entire country#
+ection 2. ,andatory !evie3. - The ongress of the 'hilippines shall undertake a "andatory review
of this ode at least once every five (5) years and as often as it "ay dee" necessary! to ensure that
fisheries policies and guidelines re"ain responsive to changing circu"stances#
C'APT(R #$$$
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