Republic Act No.

8550 Philippine
Fisheries Code of
1998
Governing Act
• Enacted on February 17,
1998
• An act providing for the fisheries
developmentof the
and aquaticResources and
integratingAll lawspertinent
thereto.
Application of the Law
The provisions of this Code shall
be enforced in:
a) All Philippine waters including
other waters over which the
Philippines has sovereignty
Jurisdiction, and the
and country’s
200-nautical mile EEZ and
continental shelf;
Application of the Law
b) All aquatic and fishery
resources whether in land,
coastal or off- shore fishing
areas, including but not
limited to fishponds,
fishpens/cages; and

c) Or
All businesses
lands and
devoted to activities
relating to fishery,
aquaculture, whether
private or public lands
Internal Waters
•Internal waters are all waters (part
of the sea, rivers, lakes, from etc.)
landwards the baseline the
territory. of
•Under the constitution, it includes
the waters around, between, and
connecting the islands of the
archipelago
.
•This type of internal waters is
considered “archipelagic waters”.
Territorial Sea
• Is a belt of sea outwards from
the baseline up to 12 nautical miles
beyond.

Contiguous Zone
•Is an area of water not exceeding 24
nautical miles from the baseline.

Exclusive Economic Zone

(EEZ)
Definition of Terms
• Philippine waters - include all bodies of
water within the Philippine territory such as
lakes, rivers, streams, creeks, brooks, ponds,
swamps, lagoons, gulfs, bays and seas and
other bodies of water now existing or which
may hereafter exist in the provinces, cities,
municipalities, and barangays and the
waters around, between and connecting the
islands of the archipelago regardless of their
breadth and dimensions, the territorial sea,
the sea beds, the insular shelves, and all
Philippines sovereignty and jurisdiction
other waters over which the
has including 200-nautical miles Exclusive
Economic
the Zone and the continental shelf.
Catch Ceiling Limitations
•The Secretary may
prescribe
limitations or quota on the total
quantity of fish captured, for
a specified period of time
and specified area based on the
best available evidence. Such a
catch
ceiling may be imposed per of
species fish whenever
necessary and practicable:
Catch Ceiling Limitations
• Provided, however, That in
waters and
municipal
management areas, fishery and
under jurisdiction waters of
the catch ceilings mayspecial
be
established
agencies, upon the concurrence
and approval or recommendation of
such special agency and the
concerned LGU in consultation
with the FARMC for
conservation or ecological
Establishment of Closed Season

• The Secretary may declare,

through public notice in at least
two (2) newspapers of general
circulation or in public service
announcements, whichever is
applicable, at least five
(5) days before the declaration,
waters outside theboundary of
a closed seasonin any or
municipal waters and in bays,
all Philippine
conservation for ecological
purposes. and
Establishment of Closed Season

• Provided, further, That in municipal

waters, fishery management areas and
other areas reserved for the use of
the municipal fisherfolk, closed
season may be established by the
concerned LGU in consultation with the
FARMC for conservation or ecological
purposes. The FARMCs may also
recommend the establishment of
closed seasons in municipal waters,
fisheries management and other areas
reserved for the use of the municipal
Jurisdiction of Municipal/City
Government
• The municipal/city government shall
have jurisdiction over municipal
waters as defined in this Code. The
municipal/city government, in
consultation with the FARMC shall
be responsible for the management,
conservation, development,
protection, utilization, and
disposition of all fish and
fishery/aquatic resources within
their respective municipal waters.
Jurisdiction of Municipal/City
Government
• The management of contiguous
fishery resources such as bays
which straddle several
municipalities, cities or
provinces, shall be done in an
integrated manner, and shall not
be based on political subdivisions
of municipal waters in order to
facilitate their management as
single resource systems.
Powers of LGUs Under the
General Welfare Clause
• The Local Government Units
(LGU) have the power, inter
alia, to enact ordinances to
enhance the right of the people
to a balanced ecology.
Powers of LGUs Under the
General Welfare Clause
• It likewise specifically vests
municipalities with the power to grant
fishery privileges in municipal waters,
and impose rentals, fees or charges
therefor; to penalize, by appropriate
ordinance, the use of explosives,
noxious or poisonous substances,
electricity, muro-ami, and other
deleterious methods of fishing; and
prosecute other methods of fishing;
and to prosecute any violation of the
provisions of applicable fishing laws.
Powers of LGUs Under the
General Welfare Clause
• Finally, it imposes upon the
sangguniang bayan,
sangguniang panlungsod, and
the sangguniang panlalawigan
the duty to enact ordinances
to protect the environment and
impose appropriate penalties
for acts which endanger the
environment.
Note:
• The “preferential right” of
subsistence or marginal
fishermen to the use of water
resources is not absolute!

• read: Tano v. Socrates

• Chapter 9 page 351 of Law on
Natural Resources and
Environmental Law
Developments
Prohibitions and Penalties
Unauthorized Fishing
or Engaging in Other
Fisheries Activities
Unauthorized
• No person shall exploit, occupy, produce,
breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery
products, or engage in any fishery activity in
Philippine waters without a license, lease or
permit.
• Discovery of any person in an area where he
has no permit or registration papers for a
fishing vessel shall constitute a prima facie
presumption that the person and/or vessel is
engaged in unauthorized fishing: Provided,
That fishing for daily food sustenance or for
leisure which is not for commercial, occupation
or livelihood purposes may be allowed.
Unauthorized Fishing or
Engaging in Other Unauthorized
Fisheries Activities
• It shall be unlawful for any commercial
fishing vessel to fish in bays and in such
other fishery management areas which may
hereinafter be declared as over-exploited.
• Any commercial fishing boat captain or the
three (3) highest officers of the boat who
commit any of the above prohibited acts
upon conviction shall be punished by a fine
equivalent to the value of catch or Ten
thousand pesos (P10,000.00) whichever is
higher, and imprisonment of six (6) months,
confiscation of catch and fishing gears, and
automatic revocation of license.
Unauthorized Fishing
or Engaging in Other
Unauthorized
Fisheries Activities
• It shall be unlawful for any
person not listed in the registry
of municipal fisherfolk to
engage in any commercial
fishing activity in municipal
waters. Any municipal fisherfolk
who commits such violation
shall be punished by
confiscation of catch and a fine
of Five hundred pesos (500.00).
Poaching in Philippine Waters.
• It shall be unlawful for any
foreign person, corporation or
entity to fish or operate any
fishing vessel in Philippine
waters.
• The entry of any foreign fishing
vessel in Philippine waters shall
constitute a prima facie evidence
that the vessel is engaged in
fishing in Philippine waters.
Poaching in Philippine Waters.
• Violation of the above shall be punished
by a fine of One hundred thousand U.S.
Dollars (US$100,000.00), in addition to
the confiscation of its catch, fishing
equipment and fishing vessel: Provided,
That the Department is empowered to
impose an administrative fine of not
less than Fifty thousand U.S. Dollars
(US$50,000.00) but not more than Two
hundred thousand U.S. Dollars
(US$200,000.00) or its equivalent in the
Philippine Currency.
Other Violations
• Fishing Through Explosives,
Noxious or Poisonous
Substance, and/or Electricity
• Use of Fine Mesh Net
• Use of Active Gear in the
Municipal Waters and
Bays and Other Fishery
Management Areas
• Ban on Coral Exploitation
and Exportation
Other Violations
• Fishing in Fishery
Reserves, Refuge and
Sanctuaries
• Fishing Or Taking of Rare,
Threatened or Endangered
Species
• Capture of Sabalo and
Other Breeders/Spawners
Other Violations
• Exportation of Breeders,
Spawners, Eggs or Fry
• Importation or Exportation
of Fish or Fishery Species
• Violation of Catch Ceilings
• Aquatic Pollution