Republic of the Philippines
Congress of the Philippines
Metro ManilaTenth Congress
Republic Act No. 8550 February 25, 1998
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as "The Philippine Fisheries Code of 1998."
CHAPTER I
Declaration of Policy and DefinitionsSection 2. Declaration of Policy. - It is hereby declared the policy of the State:
(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...
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Amended by
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Republic Acts
PHILIPPINE FISHERIES CODE OF 1998
Republic Act No. 8550
Summary of the Philippine Fisheries Code of 1998
Utilization, Management, Development, Conservation and Allocation System of Fisheries and Aquatic Resources
- Use of Philippine waters reserved exclusively for Filipinos, except for research and surveys (Section 5)
- Fees and charges for fishing licenses, permits, and activities to be set by the Department (Section 6)
- Access to fishery resources through licensing system based on maximum sustainable yield (Section 7)
- Catch ceilings and closed seasons may be imposed for conservation (Sections 8-9)
- Regulations on introduction of foreign aquatic species and protection of rare, threatened, and endangered species (Sections 10-11)
- Environmental impact assessment and compliance required for development projects (Sections 12-13)
- Monitoring, control, and surveillance system for Philippine waters (Section 14)
- Auxiliary invoices required for transport and export of fish and fishery products (Section 15)
Municipal Fisheries
- Municipal/city governments have jurisdiction over municipal waters and responsible for management of fishery resources (Section 16)
- Preferential grant of fishing privileges to registered fisherfolk organizations/cooperatives (Section 17)
- Municipal waters to be utilized by municipal fisherfolk and their cooperatives/organizations (Section 18)
- Registry of municipal fisherfolk and fishing vessels (Sections 19-20)
- Priority for resident municipal fisherfolk and demarcated fishery rights for organizations/cooperatives (Sections 21-22)
- Limited entry into overfished areas and support for municipal fisherfolk (Sections 23-24)
- Rights and privileges of fishworkers (Section 25)
Commercial Fisheries
- Licensing system for commercial fishing vessels, including eligibility criteria and registration requirements (Sections 26-32)
- Incentives for municipal and small-scale commercial fisherfolk, and for fishing farther into the Exclusive Economic Zone (Sections 34-35)
- Regulations on complement, medical supplies, life-saving devices, reporting, meteorological data, color codes, radio frequencies, passage, transshipment, and radio communication facilities for commercial fishing vessels (Sections 36-43)
- Regulation of superlights used in commercial fishing vessels (Section 44)
Aquaculture
- Disposition of public lands for fishpond development, with priority for fisherfolk cooperatives/associations (Section 45)
- Lease of fishponds, including conditions and requirements (Section 46)
- Code of practice and incentives/disincentives for sustainable aquaculture practices (Sections 47-48)
- Reversion of abandoned, undeveloped, or underutilized fishponds to mangrove state (Section 49)
- Cancellation of fishpond lease agreements for absentee holders (Section 50)
- Licensing for fish pens, cages, traps, and other structures for aquaculture (Section 51)
- Regulations on pearl farm leases, non-obstruction to navigation and migration paths, registration of fish hatcheries and private fishponds (Sections 52-57)
Post-Harvest Facilities, Activities, and Trades
- Comprehensive plan for post-harvest and ancillary industries (Section 58)
- Establishment of post-harvest facilities for fishing communities (Section 59)
- Registration and licensing of post-harvest facilities (Section 60)
- Regulations on importation and exportation of fishery products (Section 61)
- Standards for weights, measurements, and quality grades/standards for fishery transactions (Section 62)
Reconstitution of the Bureau of Fisheries and Aquatic Resources (BFAR)
- Creation of the position of Undersecretary for Fisheries and Aquatic Resources (Section 63)
- Reconstitution of BFAR as a line bureau under the Department of Agriculture (Section 64)
- Functions of BFAR, including policy formulation, licensing, research and development, information systems, advisory services, enforcement, and international cooperation (Section 65)
- Composition and structure of BFAR (Section 66)
- Strengthening of Fisheries Inspection and Quarantine Service (Section 67)
Fisheries and Aquatic Resources Management Councils (FARMCs)
- Creation of National FARMC as an advisory/recommendatory body (Sections 69-72)
- Creation of Municipal/City FARMCs and their functions (Sections 73-75)
- Creation of Integrated FARMCs for bays, gulfs, lakes, rivers, and dams (Sections 76-78)
- Funding for FARMCs (Section 79)
Fishery Reserves, Refuges, and Sanctuaries
- Designation of fishing areas as reserves for government use (Section 80)
- Establishment of fish refuges and sanctuaries, including mangrove reservations (Section 81)
Fisheries Research and Development
- Creation of National Fisheries Research and Development Institute (NFRDI) and its objectives and functions (Sections 82-85)
Prohibitions and Penalties
- Penalties for unauthorized fishing, poaching, use of explosives/noxious substances, fine mesh nets, active gear in municipal waters, coral exploitation, destructive fishing methods, illegal use of superlights, mangrove conversion, fishing in overfished areas/closed seasons, fishing in reserves/sanctuaries, taking of rare/threatened species, capture of breeders/spawners, exportation of breeders/spawners/eggs/fry, violation of catch ceilings, aquatic pollution, and other violations (Sections 86-103)
- Penalties for commercial fishing vessel operators employing unlicensed fisherfolk/fishworkers/crew (Section 104)
- Penalties for obstruction of defined migration paths and obstruction of fishery law enforcement officers (Sections 105-106)
- Issuance of administrative orders for fishery regulation (Section 107)
General Provisions
- Establishment of fisherfolk settlement areas (Section 108)
- Creation of Municipal Fisheries Grant Fund (Section 109)
- Creation of Fishery Loan and Guarantee Fund (Section 110)
- Creation of Fishing Vessels Development Fund (Section 111)
- Creation of Special Fisheries Science and Approfishtech Fund (Section 112)
- Creation of Aquaculture Investment Fund (Section 113)
- Access to other fisheries financing facilities (Section 114)
- Professionalization of fisheries graduates and creation of Fisheries Board of Examiners (Section 115)
- Upgrading of state fisheries schools/colleges and inclusion of fisheries conservation subjects in school curriculum (Sections 116-117)
- Educational campaign on fisheries conservation and sustainable development (Section 118)
- Infrastructure support for fishing ports, markets, roads, and facilities (Section 119)
- Extension services for municipal fisherfolk (Section 120)
- Protection of sensitive technical information (Section 121)
- Assistance in collecting fisheries information (Section 122)
- Charting of navigational lanes and delineation of municipal waters (Section 123)
- Authorized persons and deputies for enforcement of the Code (Section 124)
- Strengthening prosecution and conviction of violators (Section 125)
- Regulation of foreign grants and aids (Section 126)
- Mandatory review of the Code by Congress (Section 127)
Transitory Provisions
- Moratoria on issuance of licenses for commercial fishing vessels and exploitation of fishery areas (Section 128)
- Formulation of implementing rules and regulations by an Inter-agency Committee (Section 129)
Final Provisions
- Appropriation for implementation of the Code (Section 130)
- Repealing clause for inconsistent laws, decrees, and orders (Section 131)
- Separability clause (Section 132)
- Effectivity clause (Section 133)
Utilization, Management, Development, Conservation and Allocation System of Fisheries and Aquatic Resources
- Use of Philippine waters reserved exclusively for Filipinos, except for research and surveys (Section 5)
- Fees and charges for fishing licenses, permits, and activities to be set by the Department (Section 6)
- Access to fishery resources through licensing system based on maximum sustainable yield (Section 7)
- Catch ceilings and closed seasons may be imposed for conservation (Sections 8-9)
- Regulations on introduction of foreign aquatic species and protection of rare, threatened, and endangered species (Sections 10-11)
- Environmental impact assessment and compliance required for development projects (Sections 12-13)
- Monitoring, control, and surveillance system for Philippine waters (Section 14)
- Auxiliary invoices required for transport and export of fish and fishery products (Section 15)
Municipal Fisheries
- Municipal/city governments have jurisdiction over municipal waters and responsible for management of fishery resources (Section 16)
- Preferential grant of fishing privileges to registered fisherfolk organizations/cooperatives (Section 17)
- Municipal waters to be utilized by municipal fisherfolk and their cooperatives/organizations (Section 18)
- Registry of municipal fisherfolk and fishing vessels (Sections 19-20)
- Priority for resident municipal fisherfolk and demarcated fishery rights for organizations/cooperatives (Sections 21-22)
- Limited entry into overfished areas and support for municipal fisherfolk (Sections 23-24)
- Rights and privileges of fishworkers (Section 25)
Commercial Fisheries
- Licensing system for commercial fishing vessels, including eligibility criteria and registration requirements (Sections 26-32)
- Incentives for municipal and small-scale commercial fisherfolk, and for fishing farther into the Exclusive Economic Zone (Sections 34-35)
- Regulations on complement, medical supplies, life-saving devices, reporting, meteorological data, color codes, radio frequencies, passage, transshipment, and radio communication facilities for commercial fishing vessels (Sections 36-43)
- Regulation of superlights used in commercial fishing vessels (Section 44)
Aquaculture
- Disposition of public lands for fishpond development, with priority for fisherfolk cooperatives/associations (Section 45)
- Lease of fishponds, including conditions and requirements (Section 46)
- Code of practice and incentives/disincentives for sustainable aquaculture practices (Sections 47-48)
- Reversion of abandoned, undeveloped, or underutilized fishponds to mangrove state (Section 49)
- Cancellation of fishpond lease agreements for absentee holders (Section 50)
- Licensing for fish pens, cages, traps, and other structures for aquaculture (Section 51)
- Regulations on pearl farm leases, non-obstruction to navigation and migration paths, registration of fish hatcheries and private fishponds (Sections 52-57)
Post-Harvest Facilities, Activities, and Trades
- Comprehensive plan for post-harvest and ancillary industries (Section 58)
- Establishment of post-harvest facilities for fishing communities (Section 59)
- Registration and licensing of post-harvest facilities (Section 60)
- Regulations on importation and exportation of fishery products (Section 61)
- Standards for weights, measurements, and quality grades/standards for fishery transactions (Section 62)
Reconstitution of the Bureau of Fisheries and Aquatic Resources (BFAR)
- Creation of the position of Undersecretary for Fisheries and Aquatic Resources (Section 63)
- Reconstitution of BFAR as a line bureau under the Department of Agriculture (Section 64)
- Functions of BFAR, including policy formulation, licensing, research and development, information systems, advisory services, enforcement, and international cooperation (Section 65)
- Composition and structure of BFAR (Section 66)
- Strengthening of Fisheries Inspection and Quarantine Service (Section 67)
Fisheries and Aquatic Resources Management Councils (FARMCs)
- Creation of National FARMC as an advisory/recommendatory body (Sections 69-72)
- Creation of Municipal/City FARMCs and their functions (Sections 73-75)
- Creation of Integrated FARMCs for bays, gulfs, lakes, rivers, and dams (Sections 76-78)
- Funding for FARMCs (Section 79)
Fishery Reserves, Refuges, and Sanctuaries
- Designation of fishing areas as reserves for government use (Section 80)
- Establishment of fish refuges and sanctuaries, including mangrove reservations (Section 81)
Fisheries Research and Development
- Creation of National Fisheries Research and Development Institute (NFRDI) and its objectives and functions (Sections 82-85)
Prohibitions and Penalties
- Penalties for unauthorized fishing, poaching, use of explosives/noxious substances, fine mesh nets, active gear in municipal waters, coral exploitation, destructive fishing methods, illegal use of superlights, mangrove conversion, fishing in overfished areas/closed seasons, fishing in reserves/sanctuaries, taking of rare/threatened species, capture of breeders/spawners, exportation of breeders/spawners/eggs/fry, violation of catch ceilings, aquatic pollution, and other violations (Sections 86-103)
- Penalties for commercial fishing vessel operators employing unlicensed fisherfolk/fishworkers/crew (Section 104)
- Penalties for obstruction of defined migration paths and obstruction of fishery law enforcement officers (Sections 105-106)
- Issuance of administrative orders for fishery regulation (Section 107)
General Provisions
- Establishment of fisherfolk settlement areas (Section 108)
- Creation of Municipal Fisheries Grant Fund (Section 109)
- Creation of Fishery Loan and Guarantee Fund (Section 110)
- Creation of Fishing Vessels Development Fund (Section 111)
- Creation of Special Fisheries Science and Approfishtech Fund (Section 112)
- Creation of Aquaculture Investment Fund (Section 113)
- Access to other fisheries financing facilities (Section 114)
- Professionalization of fisheries graduates and creation of Fisheries Board of Examiners (Section 115)
- Upgrading of state fisheries schools/colleges and inclusion of fisheries conservation subjects in school curriculum (Sections 116-117)
- Educational campaign on fisheries conservation and sustainable development (Section 118)
- Infrastructure support for fishing ports, markets, roads, and facilities (Section 119)
- Extension services for municipal fisherfolk (Section 120)
- Protection of sensitive technical information (Section 121)
- Assistance in collecting fisheries information (Section 122)
- Charting of navigational lanes and delineation of municipal waters (Section 123)
- Authorized persons and deputies for enforcement of the Code (Section 124)
- Strengthening prosecution and conviction of violators (Section 125)
- Regulation of foreign grants and aids (Section 126)
- Mandatory review of the Code by Congress (Section 127)
Transitory Provisions
- Moratoria on issuance of licenses for commercial fishing vessels and exploitation of fishery areas (Section 128)
- Formulation of implementing rules and regulations by an Inter-agency Committee (Section 129)
Final Provisions
- Appropriation for implementation of the Code (Section 130)
- Repealing clause for inconsistent laws, decrees, and orders (Section 131)
- Separability clause (Section 132)
- Effectivity clause (Section 133)