CHAPTER 9
REPUBLIC ACT 8550 (amended by RA 10654)
PHILIPPINE FISHERIES CODE OF 1998 Feb 17, 1998
POLICY CONSIDERATIONS/ OBJECTIVE
1. Achieve food security
2. Limit access to the fishery and
aquatic resources of the PH
for the exclusive use and
enjoyment of Filipino citizens;
3. Ensure the rational and
sustainable development,
management and
conservation of the fishery
and aquatic resources in
Philippine waters
4. Protect the rights of fisher folk,
especially of the local
communities with priority to
municipal fisher folk, in the
preferential use of the
municipal water
5. to provide support to the
fishery sector
6. to manage fishery and aquatic
resources, in a manner
consistent with the concept of
an integrated coastal area
management
7. 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
USE OF PHILIPPINE WATERS
(Internal waters otherwise known as
archipelagic waters)
GR: The use and exploitation of the fishery
and aquatic resources in Philippine waters
shall be reserved exclusively to Filipinos
XPN: research and survey activities may be
allowed under strict regulations, for purely
research, scientific, technological and
educational purposes that would also benefit
Filipino citizens.
What is considered Philippine Waters?
1. All waters within the Philippine Territory
2. Waters around, between an connecting
the islands of the archipelago, regardless of
its breadth and dimension
3. The territorial sea, the seabed, the
subsoil, the insular shelves and all other
waters over which the Philippines has
sovereignty or jurisdiction
4. 200 nautical miles. Exclusive Economic
Zone and the continental shelf
Where is RA 8550 applied?
a) all Philippine waters + other waters
over which the PH has sovereignty
and jurisdiction + the country's 200-
nautical mile EEZ and continental
shelf;
b) all aquatic and fishery resources
whether inland, coastal or offshore
fishing areas, including but not
limited to fishponds, fishpens/cages;
c) all lands devoted to aquaculture, or
businesses and activities relating to
fishery, whether private or public
lands
 CHAPTER 9
REPUBLIC ACT 8550 (amended by RA 10654)
PHILIPPINE FISHERIES CODE OF 1998 Feb 17, 1998

Section 2, Article 12 of 1987 Constitution: UNCLOS mandates States to protect and

preserve the marine environment
The state shall protect the nations marine
wealth and its archipelagic water, territorial Art. 192 of the UNLCOS provides: States
sea, and exclusive economic zone, and
have the obligation to protect & preserve the
reserve its use and enjoyment exclusive for
Filipino Citizen. marine environment

In other words, Filipino subsistence or - Given emphasis by the Hague-based

marginal fishermen shall have Permanent Court of Arbitration
preferential right over use and when ruling in favor in PHs
exploitation of fishery and aquatic compulsory arbitration petition
resources. against China considered in its
However, in (Tano v. Socrates), the decision (July 12, 2016)
preferential right of the
subsistence/marginal fishermen is NOT effect on marine environment of
ABSOLUTE, since in accordance with the Chinas large scale land
Regalian Doctrine, expropriation, reclamation & construction of
development and utilization (EDU) of natural artificial island at 7 features in the
resources shall be under full control and Spratly Island and found that
supervision of the state. Section 2, Article 12 China had caused severe harm to
aims primarily NOT TO BESTOW any right
the coral reef environment &
to subsistence fishermen but to lay stress on
duty of the state to protect the nations violated its obligation to preserve
wealth. & protect fragile ecosystems and
habitat of depleted threatened/ or
Differentiate marginal v. subsistence endangered species and to stop
fishermen:
such activities
Marginal fishermen an individual
engaged in fishing whose margin or Art. 194 obligates States parties to
return is barely sufficient to yield a
1. Take all measures necessary to
profit.
Subsistence fishermen catch ensure that activities under their
yields but irreducible minimum for his jurisdiction or control are so
livelihood. conducted as not to cause damage by
pollution to other States and their
environment,

2. Measures taken shall include those

necessary to protect and preserve
rare or fragile ecosystems as well as
the habitat of depleted, threatened or
endangered species and other forms
of marine life.
 CHAPTER 9
REPUBLIC ACT 8550 (amended by RA 10654)
PHILIPPINE FISHERIES CODE OF 1998 Feb 17, 1998
Having found that certain areas are w/in
EEZ of the PH, the Tribunal declared
that China had violated the PHs
sovereign rights in its EEZ by
1) Interfering w/ PH fishing
petroleum exploration
2) Constructing artificial islands
3) Failing to prevent Chinese fishermen
from fishing in the zone
The tribunal found:
1) fishermen from the PH had tradtl
fishing rights at Scarborough Shoal
and that China had interfered w/
these rights in restricting access
2) Chinese law enforcement vessels
had unlawfully created a serious risk
of collision when they physically
obstructed PH vessels
RULING: Nullified Chinas 9-dash line as a
legal basis to claim historic rights to
resources w/in the disputed sea areas as
such were incompatible with the EEZ
provided for in the UNLCOS to which China
is a signatory
PH archipelagic baselines law
UNCONSTITUTIONAL
(Magallona vs Ermita) Constutionality of
RA 9522 archipelagic baselines of the PH
RULING: UNCLOS III has nothing to do w/
acquisition/ loss of territory. It is a multilateral
treaty regulating among others sea-use
rights over maritime zones
Baseline laws such as RA 9522
are enacted by UNCLOS III state
parties to mark out specific
basepoints along their coasts from
which baselines are drawn to
and serve as geographic starting
points to measure the breadth of
the maritime zones and
continental shelf
o nothing but statutory
mechanisms to delimit
maritime zones and
continental shelfs
o gives notices of the scope
of the maritime space and
submarine areas w/In
which state-parties can
exercise treaty based right
UNCLOS III and its baseline laws
no role in acquisition,
enlargement or claim/diminution
of territory
o States acquire territory thru
occupation, accretion,
cession and prescription
not by executing
multilateral treaties
NOT
Maritime Zones according to United Nations
Convention on Law of the Seas (UNCLOS)
1. Internal waters all waters landward
from baseline of the territory. According to
the constitution, the waters around,
between and connecting the archipelago.
(Archipelagic waters)
 CHAPTER 9
REPUBLIC ACT 8550 (amended by RA 10654)
PHILIPPINE FISHERIES CODE OF 1998 Feb 17, 1998
2. Territorial Sea a belt of sea outwards
from baseline up to 12n.m, in which the
coastal state exerciser sovereignty.
3. Contiguous Zone Water not exceeding
24n.m. from baseline; exercises authority for
customs, fiscal, immigration or sanitation
authority.
4. Exclusive Economic Zone (EEZ) Not
more than 200n.m from baseline. The
coastal state has rights & obligations relative
to the exploitation, management and
preservation over the economic resources
found within the zone.
IMPORTANT DEFINITIONS:
1) Baseline - low-water line along the
coast as officially recognized by the
coastal State.
2) Straight baseline drawn
connecting selected points on coast
without appreciable departure from
general shape of the coast
3) High seas beyond territorial seas
and not subject to the sovereign of the
coastal state.
4) Continental Shelf seabed/subsoil
of submarine areas adjacent to the
coastal state but outside territorial sea
up to depth of 200meters or beyond.
5) Municipal waters bodies of water
within the municipality which is not
included within the protected areas,
15km from coastline.
Jurisdiction of municipal/city
government
Under general welfare clause
6) Catch ceiling limitations or quota
on total quantity of fish captured for a
specific period of time and specified
area based on available evidence.
GOVERNMENT AGENCY:
Department of Agriculture Bureau of
Fisheries and Aquatic Resources
MUNICIPAL WATERS
Jurisdiction of municipal/city
governments:
o Grant of fishing privileges: duly
registered fisher folk
organizations/ cooperatives
shall have preference in grant
of fishery rights
o Laguna Lake Development
Authority has exclusive
jurisdiction to issue permits
for the enjoyment of fishery
privileges in Laguna de Bay
(Laguna Lake Development
Authority vs Court of Appeals)
Users of municipal waters municipal
fisher folk and their cooperatives/
organizations who are listed as such
in registry of municipal fisher folk
COMMERCIAL FISHING - the taking of
fishery species by passive or active gear for
trade, business & profit beyond subsistence
or sports fishing
o Cannot operate without license not
required of a fishing vessel engaged
in scientific, research or educational
purposes w/in PH waters
o Issued only to PH citizens,
partnerships/associations,
cooperatives/ corporations duly
registered in the PH at least 60% of
capital stock owned by Filipinos
 CHAPTER 9
REPUBLIC ACT 8550 (amended by RA 10654)
PHILIPPINE FISHERIES CODE OF 1998 Feb 17, 1998

AQUACULTURE- fishery operations activity in Philippine waters

involving all forms of raising and culturing
fish and other fishery species in fresh,
brackish and marine water areas.
o Public lands such as tidal swamps,
mangroves, marshes, foreshore
lands and ponds suitable for fishery
operations shall not be disposed or
alienated
- POACHING
o Fishpond lease agreements may
be issued for public lands that may be
declared available for fishpond
development primarily to qualified
fisher folk cooperatives/associations
without a license, lease or permit
from DA or LGU
o 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.
o It shall be unlawful for any foreign
person, corporation or entity to
fish or operate any fishing vessel
in Philippine waters.

FISHING RESERVES - designated area o The entry of any foreign fishing

where activities are regulated and set aside vessel in Philippine waters shall
for educational and research purposes. constitute a prima facie evidence
that the vessel is engaged in
o Fishing Areas Reserves for Exclusive fishing in Philippine waters.
Use of Government. DA may
designate area or areas in Philippine
waters beyond 15 kilometers from
shoreline as fishery reservation for
the exclusive use of the government
o Fish refuge and sanctuaries DA
may establish fish refuge and
sanctuaries to be administered in the
manner prescribed by the BFAR & set
aside areas for cultivation of
mangroves to strengthen habitat &
spawning grounds of fish
- No commercial fishing allowed
within these areas

PROHIBITIONS

- UNAUTHORIZED FISHING -
o No person shall exploit, occupy,
breed, culture, capture or gather
fish, fry or fingerlings of any
fishery species or fishery
products, or engage in any fishery