Professional Documents
Culture Documents
A 8550
Presented in
Tuguegarao City
by
Imelda T. Silvania
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Chapter I
INTRODUCTION
some countries which are surrounded by the bounties from the ocean, they are now experiencing
an abrupt decrease of fish stocks in their territorial waters which causes a decreasing production
of fish yearly. This, if not addressed or even just lessened, will cause a severe damage in
balancing the ecosystem and worst scarcity of food source will become more problematic.
This problem is already been embracing the world thusstrong advocacies and movements
for the conservation, protection and proper management of the fisheries and aquatic resources are
being lifted. This is duly manifested by the implementation of several fishery laws (international
and local) and implementation of various programs, projects, and activitieswhich aim to rescue
One of the most popular movements to address the crisis in fisheries is led by the
European Union (EU). This organization strengthens the implementation of the Illegal,
resources.It should be noted that, besides climate change, a dominating unresolved problem of
the world is in this generation, human activities also cause the over-exploitation of resources
particularly in the fisheries sector. This refers now to the recurring problem on illegal fishing
With the recurring problem on illegal fishing, fisheries production decreased gradually
due to the destroyed coral reefs which serve to be the breeding ground of the fishes. This is even
worsened by the fact that coral reefs grow only at 1 cm per year (Endangered Species
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International Organization, 2012). Without these nursery grounds, fishery production will suffer
more in the upcoming generations and an adverse impact shall be felt the people.
At present, other strategized methods to combat the diminishing resources in the fisheries
sector are the establishment of the Ecosystem Approach to Fisheries under the provisions of
Food and Agriculture Organization (FAO), 2014. This EAFs purpose is to plan, develop and
manage fisheries in a manner that addresses the municipality of societal needs and desires,
without jeopardizing the options for future generations to benefit from the full range of goods
Hence, there are many reasons for this widespread problem, including among others: an
inherent conflict between short- term social and economic needs and goals and the longer-term
need for sustainability, poor management practices in the past, particularly the absence of long
term rights and failing to ensure that stakeholders participate in management, insufficient
capacity within the management agencies and others.Proper management of the fishery resources
decision making, allocation of resources and formulation and implementation, with enforcement
as necessary, of regulations or rules which govern fisheries activities in order to ensure the
continued productivity of the resources and the accomplishment of other fishery objectives
(FAO, 1997).
Due to the prevailing ill status of the fishery and aquatic resources worldwide which is
especially worsened by human activities, this study aims to ascertain the level of awareness of
the fisherfolk as well as the extent of implementation of the Philippines Fishery Code of 1998 or
widely known as R.A. 8550. Through this study, it will determine how the fisherfolk are guided
with the provisions of the stated laws in terms of their awareness level to the R.A. 8550. Further,
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
the fisherfolks perception on the extent of implementation of the fishery laws by the
implementors especially the Bureau of Fisheries and Aquatic Resources and the Local
Government Units particularly in the coastal towns of the province of Cagayan will assess the
effect of the services which include the programs, projects, and activities delivered in accordance
Illegal fishing activities in the Philippines give a crisis in the fisheries sector. With these
human activities, fisheries and aquatic resources are threatened and eventually exploited.
However, in the need to salvage the left and still existing resources, laws are made to fully
realize the importance of conservation, protection and proper management of these resources.
Though laws are expected to bound humans actions, it is perceived that there are factors that
affect the effective implementation of the law and the adherence of the people, especially among
the fisherfolk, to these. Hence, to determine the effect of the Philippines fisheries Code of 1998
(R.A. 8550) in the fisheries sector, this study aims to answer the following:
a) age;
b) sex;
c) socio-economic status;
2. What is the level of awareness of the respondents to the following provisions of R.A.
8550:
3. How do the fisherfolk assess the extent of implementation of the prohibitions and
penalties of R.A.?
4. What are the existing programs, projects and activities of BFAR which entail the
5. Are the fisherfolk aware of the existing programs, projects, and activities implemented by
6. Are there differences in the extent of awareness about the R.A. 8550 when respondents
R.A. 8550?
The Bureau of Fisheries and Aquatic Resources (BFAR) will benefit from the result of
this research because it will reveal how efficient is the agency in their campaign to increase the
awareness of the fisherfolk regarding the laws in fisheries which will hold them back from
attempting to do illegal fishing activities. From the result of this study, BFAR will also make
necessary initiatives to address and at least hinder the fisherfolk from doing harmful activities
The fisherfolk will be able to know the impact of illegal fishing activities in the fisheries
and aquatic resources and with the result of the study, they will be further educated about the
prohibitions and penalties stated under the Philippines Fisheries Code of 1998.
The teachers will be able to impart to the youth the adverse effect of illegal fishing
The youth will be able to recognize the status of fisheries and aquatic resources and they
The future researchers will make this study as a guide for them to conduct a parallel study
related to this.
Literature Review
Behavioral Theories
including their actions, emotions and thoughts. This branch, also known as behaviorism, relies
on the theory that mental and emotional disorders can be improved through behavior-modifying
techniques. Techniques that may be applied include cognitive restructuring, behavioral modeling
and, most commonly, classical and operant conditioning (Degree Directory Org, 2014).
Behaviorist Edward Tolman believed that individuals do more than merely respond to
stimuli; they act on beliefs, attitudes, changing conditions, and they strive toward goals(Mcleod,
2013).
Tolman also worked on latent learning, defined as learning which is not apparent in the
learner's behavior at the time of learning, but which manifests later when a suitable motivation
and circumstances appear. This theory was associated by Tolman with a motivation which is in a
On the other hand, behavioral theorist Burrhus Frederick Skinner (1974) viewed the
environment as the ultimate cause of both the overt or observable behavior and covert or private
behaviors. He assumed that once we understand the manner in which the environment affects us,
we can change the environment so that it will exert a more beneficial influence on our behavior.
With B.F. Skinners assumptions, he had established the concept and effects of reinforcement
and punishment in behavioral psychology through his experiments using his operant
conditioning chamber. Skinner discovered that by using reinforcement and punishment, he could
train his animals to perform certain behaviors. He called this type of conditioning operant
behaviorism and led to him becoming one of the most important psychologists of the 20th
century.
On the other hands, the Social Cognitive Theory(SCT) is founded based on behavioristic
principles that embraced an input-output model linked by an internal conduit that makes
behavior possible but exerts no influence of its own on behavior. In this view, human behavior
was shaped and controlled automatically and mechanically by environmental stimuli. This line of
theorizing was eventually put out of vogue by the advent of the computer, which likened the
mind to a biological calculator. This model filled the internal conduit with a lot of
Operant Conditioning tells about the relations between environmental stimuli and our
own behavior; it is also called instrumental learning. The term operant refers to the fact that an
organism learns through responding- through operating on the environment. The principle behind
operant conditioning is already familiar. For instance, when a particular action has good
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
consequences, the action will tend to be repeated; when a particular action has bad consequences,
the action will tend not to be repeated. This concept was divided into two which are
the research subject to increase that behavior. There are two types of reinforcement - positive
that is given to the research subject after it performs the behavior. If you are trying to develop a
healthy eating and exercise routine, you may want to reward yourself after a week of meeting
your goals by going out with friends or buying a small gift for yourself. Once you have learned
that your good behavior will result in this reward, you are more likely to continue the good
Negative reinforcement, on the other hand, results when an undesirable thing or action is
taken away after a behavior is performed. Imagine you always get cold when you go to a
particular movie theater. After a couple of experiences of being uncomfortably cold while
watching the latest movie, you may start to bring a sweater with you. The negative element of
the cold is removed and you are likely to continue bringing a sweater with you. The absence of
reinforcement greatly affects how quickly and how permanently a behavior is reinforced. These
action. It results in rapid learning but may not create a lasting behavior. Interval reinforcement
provides reinforcement after a certain amount of time passes, and the amount of time that passes
between reinforcements can stay the same (fixed) or change (variable). Ratio reinforcement
refers to reinforcement after a certain number of correct responses. The number of correct
The Republic Act (R.A.) 8550 or Fisheries Code of 1998 is an act providing for the
development, management and conservation of the fisheries and aquatic resources in the
Philippines.
In this policy of the state, it is thereby declared that a) food security should be considered
protection of fishery resources in order to provide the food needs of the population. It is further
explained that 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)
there should be a to limit access to the fishery and aquatic resources of the Philippines for the
exclusive use and enjoyment of Filipino citizens; c) it should be ensured the rational and
sustainable development, management and conservation of the fishery and aquatic resources in
Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas,
consistent with the primordial objective of maintaining a sound ecological balance, protecting
and enhancing the quality of the environment; d) rights of fisherfolk should be protected,
especially of the local communities with priority to municipal fisherfolk, in the preferential use
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of the municipal waters. Such preferential use, shall be based on, but not limited to, Maximum
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and
ecological conditions, and shall be consistent with our commitments under international treaties
and agreements; e) support should be provided to the fishery sector, primarily to the municipal
fisherfolk, including women and youth sectors, through appropriate technology and research,
other services. The protection of municipal fisherfolk against foreign intrusion shall extend to
offshore fishing grounds. Fishworkers shall receive a just share for their labor in the utilization of
marine and fishery resources; f) there must be an observed management of fishery and aquatic
resources, in a manner consistent with the concept of an integrated coastal area management in
services and guidance provided by the State; and g) the private sector should be granted the
privilege to utilize fishery resources under the basic concept that the grantee, licensee or
permittee thereof shall not only be a privileged beneficiary of the State but also active participant
and partner of the Government in the sustainable development, management, conservation and
Aquatic Resources
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,
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development, protection, utilization, and disposition of all fish and fishery/aquatic resources
The municipal/city government may, in consultation with the FARMC, enact appropriate
ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances
enacted by the municipality and component city shall be reviewed pursuant to Republic Act No.
7160 by the sanggunian of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery
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
resource systems. The LGUs which share or border such resources may group themselves and
coordinate with each other to achieve the objectives of integrated fishery resource management.
The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established
under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in
Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk
Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That
in areas where there are special agencies or offices vested with jurisdiction over municipal
waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna
Lake Development Authority and the Palawan Council for Sustainable Development, said offices
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and agencies shall continue to grant permits for proper management and implementation of the
aforementioned structures.
Section 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as
The municipal or city government, however, may, through its local chief executive and acting
pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing
vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline
in municipal waters as defined herein, provided, that all the following are met:
(a) no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified
(b) fishing activities utilizing methods and gears that are determined to be consistent with
(c) prior consultation, through public hearing, with the M/CFARMC has been conducted; and
(d) the applicant vessel as well as the ship owner, employer, captain and crew have been certified
by the appropriate agency as not having violated this Code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as
Section 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a registry of municipal
fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of
determining priorities among them, of limiting entry into the municipal waters, and of
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monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall
Such list or registry shall be updated annually or as may be necessary, and shall be posted in
barangay halls or other strategic locations where it shall be open to public inspection, for the
purpose of validating the correctness and completeness of the list. The LGU, in consultation with
the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures
that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise
The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other
organizations/cooperatives whose members are listed in the registry of municipal fisherfolk, may
be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish
already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights
Section 21. Priority of Resident Municipal Fisherfolk. - Resident municipal fisherfolk of the
Section 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery
by the Department.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Section 23. Limited Entry Into Overfished Areas. - Whenever it is determined by the LGUs and
the Department that a municipal water is overfished based on available data or information or in
danger of being overfished, and that there is a need to regenerate the fishery resources in that
water, the LGU shall prohibit or limit fishery activities in the said waters.
Section 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide
support to municipal fisherfolk through appropriate technology and research, credit, production
and marketing assistance and other services such as, but not limited to training for
additional/supplementary livelihood.
Section 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the
privileges accorded to other workers under the Labor Code, Social Security System and other
benefits under other laws or social legislation for workers: Provided, That fishworkers on board
any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor
Code, as amended.
Section 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a
commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or
pearl diver without first securing a license from the Department, the period of which shall be
prescribed by the Department: Provided, That no such license shall be required of a fishing
vessel engaged in scientific, research or educational purposes within Philippine waters pursuant
defines the status, privileges and obligations of said vessel and its crew and the non-Filipino
officials of the international agency under which said vessel operates: Provided, further, That
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members of the crew of a fishing vessel used for commercial fishing except the duly licensed
and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as
fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to undertake
an orientation training on detection of fish caught by illegal means before they can be issued
their fishworker licenses: Provided, finally, That the large commercial fishing vessels license
herein authorized to be granted shall allow the licensee to operate only in Philippine waters
seven (7) or more fathoms deep, the depth to be certified by the NAMRIA, and subject to the
conditions that may be stated therein and the rules and regulations that may be promulgated by
the Department.
Section 27. Persons Eligible for Commercial Fishing Vessel License. - No commercial fishing
vessel license shall be issued except to citizens of the Philippines, partnerships or to associations,
cooperatives or corporations duly registered in the Philippines at least sixty percent (60%) of the
capital stock of which is owned by Filipino citizens. No person to whom a license has been
issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any
person not qualified to hold a license. Any such transfer, sale or assignment shall be null and
void and shall not be registered in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines,
partnerships, corporations, cooperatives or associations qualified under this section shall secure
Certificates of Philippine Registry and such other documents as are necessary for fishing
operations from the concerned agencies: Provided, That the commercial fishing vessel license
inspection and manning of the operation of all types of fishing vessels plying Philippine waters
Section 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing. - Before a
commercial fishing vessel holding a commercial fishing vessel license may begin fishing
operations in Philippine waters, the fishing gear it will utilize in fishing shall be registered and a
license granted therefor. The Department shall promulgate guidelines to implement this
Section 30. Renewal of Commercial Boat License. - The commercial fishing boat license shall be
The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of
Section 31. Report of Transfer of Ownership. - The owner/operator of a registered fishing vessel
shall notify the Department in writing of the transfer of the ownership of the vessel with a copy
of such document within ten (10) days after its transfer to another person.
Section 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing
vessels of Philippine registry may operate in international waters or waters of other countries
which allow such fishing operations: Provided, That they comply with the safety, manning and
other requirements of the Philippine Coast Guard, Maritime Industry Authority and other
agencies concerned: Provided, however, That they secure an international fishing permit and
certificate of clearance from the Department: Provided, further, That the fish caught by such
vessels shall be considered as caught in Philippine waters and therefore not subject to all import
duties and taxes only when the same is landed in duly designated fish landings and fish ports in
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the Philippines: Provided, furthermore, That landing ports established by canneries, seafood
processors and all fish landing sites established prior to the affectivity of this Code shall be
considered authorized landing sites: Provided, finally, That fishworkers on board Philippine
registered fishing vessels conducting fishing activities beyond the Philippine Exclusive
Section 33. Importation of Fishing Vessels or Construction of New Fishing Boats. - Prior to the
importation of fishing vessels and the construction of new fishing vessels, the approval/clearance
Section 34. Incentives for Municipal and Small-Scale Commercial Fisherfolk. - Municipal and
small-scale commercial fisherfolk shall be granted incentives which shall include, but are not
(a) at least ten percent (10%) of the credit and the guarantee funds of government financing
institutions shall be made available for post-harvest and marketing projects for the purpose of
shall include, but shall not be limited to, ice plants, cold storage, canning, warehouse, transport
promote greater bankability and credit worthiness of municipal and small-scale commercial
fishers. Such program shall include organizing activities, technology transfer, and skills training
related to commercial fishing as well as credit management. Groups and cooperatives organized
under the program shall have priority access over credit and guarantee funds established under
2. an information campaign shall be conducted to promote the capability building and credit
programs. The campaign shall ensure greater information dissemination and accessibility to
targeted fisherfolk.
Section 35. Incentives for Commercial Fishers to Fish Farther into the Exclusive Economic
Zone. - In order to encourage fishing vessel operators to fish farther in the EEZ and beyond, new
incentives for improvement of fishing vessels and acquisition of fishing equipment shall be
granted in addition to incentives already available from the Board of Investments (BOI). Such
conditions in the specified areas of fishing operations. The incentive shall include, but not be
limited to:
(a) long term loans supported by guarantee facilities to finance the building and acquisition
(b) commercial fishing vessel operators of Philippine registry shall enjoy a limited period of tax
and duty exemptions on the importation of fishing vessels not more than five (5) years old,
equipment and paraphernalia, the period of exemption and guidelines shall be fixed by the
Department within ninety (90) days from the effectivity of this Code;
(c) commercial fishing operator of Philippine registry engaged in fisheries in the high seas shall
be entitled to duty and tax rebates on fuel consumption for commercial fisheries operations.
Guidelines shall be promulgated within ninety (90) days from the effectivity of this Code by the
Department; and
(d) all applicable incentives available under the Omnibus Investment Code of 1987: Provided,
That the fishing operation project is qualified for registration and is duly registered with the BOI.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Section 36. Complement of Fishing Vessels. - Every commercial fishing vessel of Philippine
registry when actually operated, shall be manned in accordance with the requirements of the
Section 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provided
with adequate medical supplies and life-saving devices to be determined by the Occupational
Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT or more shall have
as a member of its crew a person qualified as a first aider duly certified by the Philippine
Section 38. Reportorial Requirements. - Each commercial fishing vessel shall keep a daily record
of fish catch and spoilage, landing points, and quantity and value of fish caught, and off-loaded
for transshipment, sale and/or other disposal. Detailed information shall be duly certified by the
vessel's captain and transmitted monthly to the officer or representative of the Department, at the
Section 39. Report of Meteorological and Other Data. - All vessels and crafts passing
meteorological and other data, and shall assist the Department in documentation or reporting of
Section 40. Color Code and Radio Frequency. - For administrative efficiency and enforcement of
regulations, registered fishing vessels shall bear a color code as may be determined by the
Department and may be assigned a radio frequency specific and distinct to its area of operation.
Section 41. Passage. - Commercial and other passage not in the regular conduct of fisheries
Section 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and sea
facilities available in the Philippines to transport fishery products which are caught outside
Philippine territorial waters to its final destination shall call only at duly designated government-
owned or -controlled regional fishport complexes after securing clearance from the Department.
Section 43. Operation of Radio Communication Facilities on Board Fishing Vessels. - The
board fishing vessels and the assignment of radio frequencies specific and distinct to area of
Section 44. Use of Superlight. - The number and wattage of superlights used in commercial
fishing vessels shall be regulated by the Department: Provided, That the use of superlights is
Section 45. Disposition of Public Lands for Fishery Purposes. - Public lands such as tidal
swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not
be disposed or alienated. Upon effectivity of this Code, FLA may be issued for public lands that
cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the
current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in
the utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any
well as small and medium enterprises as defined under Republic Act No. 8289: Provided,
further, That the Department shall declare as reservation, portions of available public lands
certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological
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purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish
Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk
(a) Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250
(b) The lease shall be for a period of twenty-five (25) years and renewable for another twenty-
five (25) years: Provided, That in case of the death of the lessee, his spouse and/or children, as
his heirs, shall have preemptive rights to the unexpired term of his Fishpond Lease Agreement
subject to the same terms and conditions provided herein provided that the said heirs are
qualified;
(c) Lease rates for fishpond areas shall be determined by the Department: Provided, That all fees
collected shall be remitted to the National Fisheries Research and Development Institute and
(d) The area leased shall be developed and producing on a commercial scale within three (3)
years from the approval of the lease contract: Provided, however, That all areas not fully
producing within five (5) years from the date of approval of the lease contract shall automatically
(e) The fishpond shall not be subleased, in whole or in part, and failure to comply with this
(f) The transfer or assignment of rights to FLA shall be allowed only upon prior written approval
of the Department;
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
(g) The lessee shall undertake reforestation for river banks, bays, streams, and seashore fronting
the dike of his fishpond subject to the rules and regulations to be promulgated thereon; and
(h) The lessee shall provide facilities that will minimize environmental pollution, i.e., settling
ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean
cancellation of FLA.
Section 47. Code of Practice for Aquaculture. - The Department shall establish a code of practice
for aquaculture that will outline general principles and guidelines for environmentally-sound
design and operation to promote the sustainable development of the industry. Such Code shall be
developed through a consultative process with the DENR, the fishworkers, FLA holders,
fishpond owners, fisherfolk cooperatives, small-scale operators, research institutions and the
academe, and other potential stakeholders. The Department may consult with specialized
Section 48. Incentives and Disincentives for Sustainable Aquaculture Practices. - The
Department shall formulate incentives and disincentives, such as, but not limited to, effluent
charges, user fees and negotiable permits, to encourage compliance with the environmental
DENR, in coordination with the Department, LGUs, other concerned agencies and FARMCs
can be reverted to their original mangrove state and after having made such determination shall
take all steps necessary to restore such areas in their original mangrove state.
Section 50. Absentee Fishpond Lease Agreement Holders. - Holders of fishpond lease
agreements who have acquired citizenship in another country during the existence of the FLA
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shall have their lease automatically cancelled and the improvements thereon to be forfeited in
favor of the government and disposed of in accordance with rules and regulations promulgated
thereon.
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structures for the
Culture of Fish and Other Fishery Products. - Fish 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 zones duly designated by LGUs in consultation with the FARMCs concerned
consistent with national fisheries policies after the corresponding licenses thereof have been
secured. The area to be utilized for this purpose for individual person shall be determined by the
LGUs in consultation with the concerned FARMC: Provided, however, That not over ten percent
(10%) of the suitable water surface area of all lakes and rivers shall be allotted for aquaculture
purposes like fish pens, fish cages and fish traps; and the stocking density and feeding
requirement which shall be controlled and determined by its carrying capacity: Provided, further,
That fish pens and fish cages located outside municipal waters shall be constructed and operated
only within fish pen and fish cage belts designated by the Department and after corresponding
licenses therefor have been secured and the fees thereof paid.
Section 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing pearl farm
leases shall be respected and allowed to operate under the terms thereof. New leases may be
granted to qualified persons who possess the necessary capital and technology, by the LGUs
Section 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar
Structures. - No new concessions, licenses, permits, leases and similar privileges for the
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
establishment or operation of fish pens, fish cages, fish corrals/traps and other similar structures
in municipal areas shall be granted except to municipal fisherfolk and their organizations.
Section 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish cages
and fish pens shall be covered under the insurance program of the Philippine Crop Insurance
construed as permitting the lessee, licensee, or permittee to undertake any construction which
will obstruct the free navigation in any stream, river, lakes, or bays flowing through or adjoining
the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from the
area. Any construction made in violation hereof shall be removed upon the order of the
Department in coordination with the other government agencies concerned at the expense of the
lessee, licensee, or occupants thereof, whenever applicable. The Department shall within thirty
(30) days after the effectivity of this Code formulate and implement rules and regulations for the
Section 56. Non-Obstruction to Defined Migration Paths. - Nothing in the foregoing sections
shall be construed as permitting the lessee, permittee, or licensee to undertake any construction
which will obstruct any defined migration path of migratory fish species such as river mouths
and estuaries with a distance determined by the concerned LGUs in consultation with and upon
Section 57. Registration of Fish Hatcheries and Private Fishponds, etc. - All fish hatcheries, fish
breeding facilities and private fishponds must be registered with the LGUs which shall prescribe
minimum standards for such facilities in consultation with the Department: Provided, That the
Department shall conduct a yearly inventory of all fishponds, fish pens and fish cages whether in
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
public or private lands: Provided, further, That all fishpond, fish pens and fish cage operators
shall annually report to the Department the type of species and volume of production in areas
devoted to aquaculture.
Section 58. Comprehensive Post-harvest and Ancillary Industries Plan. - The Department shall
conduct a regular study of fisheries post-harvest operations and ancillary industries, in the
formulation of a comprehensive plan for post-harvest and ancillary industries. It shall take into
(a) detailed and clear guidelines on the distribution, construction, maintenance and use of post-
(f) development and strengthening of marketing facilities and activities, including the pricing
(h) integration of fisheries post-harvest operations into the national fisheries plan.
Section 59. Establishment of Post-Harvest Facilities for Fishing Communities. - The LGUs shall
coordinate with the private sector and other concerned agencies and FARMCs in the
establishment of post-harvest facilities for fishing communities such as, but not limited to,
municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
establishments to serve primarily the needs of municipal fisherfolk: Provided, That such post-
harvest facilities shall be consistent with the Comprehensive Post-harvest and Ancillary
Industries Plan.
Section 60. Registration and Licensing of all Post-Harvest Facilities. - All post-harvest facilities
such as fish processing plants, ice plants, and cold storages, fish ports/landings and other fishery
business establishments must register with and be licensed by the LGUs which shall prescribe
(a) Export of fishery products shall be regulated whenever such exportation affects domestic
food security and production: Provided, That exportation of live fish shall be prohibited except
(b) To protect and maintain the local biodiversity or ensure the sufficiency of domestic supply,
spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be
determined by the Department, shall not be exported or caused to be exported by any person;
(c) Fishery products may be imported only when the importation has been certified as necessary
by the Department in consultation with the FARMC, and all the requirements of this Code, as
well as all existing rules and regulations have been complied with: Provided, That fish imports
for canning/processing purposes only may be allowed without the necessary certification, but
(d) No person, shall import and/or export fishery products of whatever size, stage or form for any
The Department in consultation with the FARMC shall promulgate rules and regulations on
importation and exportation of fish and fishery/aquatic resources with the Government's
Section 62. Instruments of Weights and Measures, and Quality Grades/Standards. - Standards for
weights, volume and other measurements for all fishery transactions shall be set by the
Department.
All fish and fishery products for export, import and domestic consumption shall meet the quality
The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and unlawful
(FARMCs)
Section 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. -
Fisherfolk and their organizations residing within the geographical jurisdiction of the barangays,
municipalities or cities with the concerned LGUs shall develop the fishery/aquatic resources in
Section 69. Creation of Fisheries and Aquatic Resources Management Councils (FARMCs). -
FARMCs shall be established in the national level and in all municipalities/cities abutting
municipal waters as defined by this Code. The FARMCs shall be formed by fisherfolk
organizations/cooperatives and NGOs in the locality and be assisted by the LGUs and other
government entities. Before organizing FARMCs, the LGUs, NGOs, fisherfolk, and other
concerned POs shall undergo consultation and orientation on the formation of FARMCs.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Section 70. Creation and Composition of the National Fisheries and Aquatic Resources
Management Council (NFARMC). - There is hereby created a National Fisheries and Aquatic
(d) five (5) members representing commercial fishing and aquaculture operators and the
processing sectors;
The members of the NFARMC, except for the Undersecretary of Agriculture and the
Undersecretary of the Interior and Local Government, shall be appointed by the President upon
Section 71. Terms of Office. - The members of NFARMC, except the Undersecretary of
Agriculture and the Undersecretary of the Interior and Local Government, shall serve for a term
Section 72. Functions of the NFARMC. - The NFARMC shall have the following functions:
(a) assist in the formulation of national policies for the protection, sustainable development and
management of fishery and aquatic resources for the approval of the Secretary;
(b) assist the Department in the preparation of the National Fisheries and Industry Development
Plan; and
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Section 73. The Municipal/City Fisheries and Aquatic Resources Management Councils
(M/CFARMCs). - The M/CFARMCs shall be created in each of the municipalities and cities
abutting municipal waters. However, the LGU may create the Barangay Fisheries and Aquatic
Resources Management Councils (BFARMCs) and the Lakewide Fisheries and Aquatic
Section 74. Functions of the M/CFARMCs. - The M/CFARMCs shall exercise the following
functions:
(a) assist in the preparation of the Municipal Fishery Development Plan and submit such plan to
(c) assist in the enforcement of fishery laws, rules and regulations in municipal waters;
(d) advise the sangguniang bayan/panlungsod on fishery matters through its Committee on
(e) perform such other functions which may be assigned by the sangguniang bayan/panlungsod.
Section 75. Composition of the M/CFARMC . - The regular member of the M/CFARMCs shall
be composed of:
(g) at least eleven (11) fisherfolk representatives (seven (7) municipal fisherfolk, one (1)
fishworker and three (3) commercial fishers) in each municipality/city which include
The Council shall adopt rules and regulations necessary to govern its proceedings and election.
Section 76. The Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs).
- The IFARMCs shall be created in bays, gulfs, lakes and rivers and dams bounded by two (2) or
more municipalities/cities.
Section 77. Functions of the IFARMCs. - The IFARMC shall have the following functions:
(a) assist in the preparation of the Integrated Fishery Development Plan and submit such plan to
(b) recommend the enactment of integrated fishery ordinances to the concerned sangguniang
(c) assist in the enforcement of fishery laws, rules and regulations in concerned municipal
waters;
(d) advice the concerned sangguniang bayan/panlungsod on fishery matters through its
(e) perform such other functions which may be assigned by the concerned sangguniang
bayan/panlungsod.
Section 78. Composition of the IFARMCs. - The regular members of the IFARMCs shall be
bayan/panlungsod;
(f) at least nine (9) representatives from the fisherfolk sector which include representatives from
The Council shall adopt rules and regulations necessary to govern its proceedings and election.
Section 79. Source of Funds of the FARMCs. - A separate fund for the NFARMC, IFARMCs
and M/CFARMCs shall be established and administered by the Department from the regular
Section 80. Fishing Areas Reserves for Exclusive Use of Government. - The Department may
designate area or areas in Philippine waters beyond fifteen (15) kilometers from shoreline as
fishery reservation for the exclusive use of the government or any of its political subdivisions,
Provided, That in municipalities or cities, the concerned LGUs in consultation with the FARMCs
may recommend to the Department that portion of the municipal waters be declared as fishery
reserves for special or limited use, for educational, research, and/or special management
purposes. The FARMCs may recommend to the Department portions of the municipal waters
which can be declared as fisheries reserves for special or limited use for educational, research
Section 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge and
percent (25%) but not more than forty percent (40%) of bays, foreshore lands, continental shelf
or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat
and the spawning grounds of fish. Within these areas no commercial fishing shall be allowed. All
marine fishery reserves, fish sanctuaries and mangrove swamp reservations already declared or
continuously administered and supervised by the concerned agency: Provided, however, That in
municipal waters, the concerned LGU in consultation with the FARMCs may establish fishery
refuge and sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries:
Provided, further, That at least fifteen percent (15%) where applicable of the total coastal areas
in each municipality shall be identified, based on the best available scientific data and in
consultation with the Department, and automatically designated as fish sanctuaries by the LGUs
Management of resources by the national level agencies has failed to curtail the degradation and
overexploitation of coastal resources that is widespread in the Philippines (White and Cruz-
Trinidad, 1998). Current conditions of coastal resources in the Philippines indicate a high level
pollution, and habitat loss. These problems result from a de facto open access system, lack of an
integrated framework for coastal resource protection at the national and local level, low level of
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
public awareness, and economic hardships in coastal communities (Malena, Atchue and Yao,
2000).
The trend in coastal management is to become more integrated across habitats and sectors and
more focused on community-based or local level management rather than centralized approaches
(Christie and White, 1997; Cicin- Sain and Knecht, 1998).The concepts of integrated coastal
(Department of Environment and Natural Resources, Bureau of Fisheries and Aquatic Resources
of the Department of Agriculture, and Department of the Interior and Local Government, 2001):
Because of the complexity of the coastal environment and the many issues that must be
addressed, coastal management must be integrated across habitats and include land-based
activities that affect the coastal zone, as well as integrated among government units and sectors.
ICM aims to achieve sustainable use and management of economically and ecologically valuable
resources in coastal areas and considers interaction among and within resource systems as well
(CB-CRM) approaches involve local resource users and community members in active
management and responsibility for coastal resources. CB-CRM implies that individuals, groups,
and organizations have a major role, responsibility, and share in the resource management and
decision-making process. CB-CRM is based on the premise that local users, if empowered to
have responsibility for their resources, will act responsibly and in their own best interest to
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
manage the resource in sustainable ways and enforce community-derived rules. By taking
responsibility for monitoring and enforcement, the community has a sense of ownership and
power over local resource conditions. CB-CRM approaches evolved in response to the failure of
more centralized approaches and the recognition that local management (or bottom-up
approaches) maybe more effective in many cases (Christie and White, 1997).
and communities share responsibility for CRM and work together in a dynamic partnership. Co-
management is based on the participation of all individuals and groups that have a stake in the
management of the resource. Social, cultural, and economic objectives are integral part of the
management framework. Government retains responsibility for overall policy and coordination
functions while the local community plays a large role in day to day management (White et al.,
1994).
department of Agriculture (DA) being implemented by the Bureau of fisheries and Aquatic
and between BFAR and the Commission on Higher Education (CHED) on December 11,2011.
The program concept is primarily mangrove resource rehabilitation and livelihood provision to
help address climate change, food security and poverty among municipal/artisanal coastal
fisherfolk. To achieve its goals and objectives, the BFAR identified three strategic interventions,
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
fisherfolk-beneficiaries throughout the country. As envisioned, the BFAR shall provide support
funds for the establishment, operation and management of the PNAP while CHED shall provide
logistical support during program implementation. The program covers at least 71 State
Universities and Colleges (SUCs) and 61 provinces throughout the country. Potential areas
targeted by the PNAP are abandoned, undeveloped and underutilized (AUUs) fishpond lease
agreements (FLAs) and Department of Environment and Natural Resources (DENR) identified
areas (Key Biodiversity Areas, reforestation areas and co-management agreement areas) from
BFAR coastal regions 1 to 13 and ARMM. Participating agencies are DA-BFAR Regional
Fisheries Offices (RFOs) and Provincial Fisheries Offices (PFOs), CHED (SUCs) DENR
Provincial Environment and Natural Resources Offices (PENRO) and Community Environment
and Natural resources Offices (CENRO), and the Local Government Units (LGUs) in the
provinces and municipalities. Target beneficiaries for the aquasilviculture livelihood projects are
at least 1,000 coastal fisherfolk and for the community-based multi-species hatcheries are 64
SUCs who were signatories to the MOA. For mangrove rehabilitation, the PNAP will involve the
coastal fisherfolk in the planting of 100 million propagules for the next 3-4 years. Funding
support from BFAR is P6.00 per surviving propagule, P1.2 million each per SUC for the
establishment and operation of CBMSH and P65, 000 per aquasilviculture project.
In the context of the Code of Conduct for Responsible Fisheries and its overall objective of
sustainable fisheries, the issue of illegal, unreported and unregulated (IUU) fishing in world
fisheries is of serious and increasing concern. IUU fishing undermines efforts to conserve and
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
manage fish stocks in all capture fisheries. When confronted with IUU fishing, national and
regional fisheries management organizations can fail to achieve management goals. This
situation leads to the loss of both short and long-term social and economic opportunities and to
negative effects on food security and environmental protection. IUU fishing can lead to the
collapse of a fishery or seriously impair efforts to rebuild stocks that have already been depleted.
Existing international instruments addressing IUU fishing have not been effective due to a lack
of political will, priority, capacity and resources to ratify or accede to and implement them.
International Plan of Action to Prevent, Deter and Eliminate, Illegal, Unreported and unregulated
Fishing
Nature and Scope of IUU Fishing and the international Plan of Action
Conceptual Framework
This study is generally anchored on the concept of Behavioral Psychology which points
out that human beings actions or behaviors are guided by laws existing in their respective
environment. This belief rests on assumptions that behavior is lawful by which peoples behavior
is entirely affected by their environment and if the laws of behavior are known, it is more likely
According to Torell and Salamanca (2002), one way to control the behavior of the people
and make them fully aware of their environment is through community participation. The two
further emphasized that community participation is crucial to the success of any regulatory
program. In this case, there is a higher probability of success when the community, the people, is
involved at the earliest stages of the implementation of any regulatory programs through the
However, though behaviors can be controlled by the laws existing in the environment,
increased in the possibility of awareness and strict adherence to the law are still triggered by
recognition, incentives and etc. Hence to achieve this full capacity to control the desirable
peoples behavior, implementers and administrators or leaders entice them with different forms
of incentives. This further support the claims of Watson and Tharp (1985) that there is a
considerable agreement that behavior is at least partially lawful- that the environment in which
people find themselves can substantially alter how they behave. If they discover the laws relating
behavior to the environment, there seems little doubt that their capacity to control behavior
would increase.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
This was explicitly supported by Tolmans Latent Learning theory wherein it claims that
human learning and awareness are not exhibited in overt performance until there is an incentive
to do so. Therefore unlike animals, peoples behaviors to learn and become fully aware of their
Behavioral theorist B.F. Skinner supports Tolmans theory when he expounded his views
on his operant conditioning concept. Skinner stated in this perspective that peoples behavior are
affected by some environment factors which trigger them to control and exhibit such behavior.
Thus, he claimed that reinforcement and punishment has a huge role in controlling humans
Also, the perspective of Social Cognitive Theory (SCT) on how both environmental and
cognitive factors interact to influence human learning and behavior is helpful in this study.
Theorists of SCT also assert that expectationsof future reinforcements and punishments can have
Tolmans Latent Learning Theory and Piagets Conditioning Theory specifically on assimilation
and accommodation; and on the idea of SCT where this perceives the influence of the society,
With the theories and concepts presented here, this study views that problems on fisheries
sector particularly on illegal fishing activities and exploitation of fishery and aquatic resources
are attributed by the fisherfolks lack of awareness to the existing fishery laws, the punishment
and penalties imposed, which is assumed to be due to the lax implementation of the provisions of
the Philippines Fishery Code of 1998 to be exact. Using the typologies of Social Cognitive
Theory and Behavioral Theories will determine the effect or influence of the existing programs,
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
projects, and activities of the Bureau of Fisheries and Aquatic Resources in increasing the
awareness level of fisherfolk about the R.A. 8550 which will stop the activities which damage
Based from the theories presented in this paper, they note that awareness and actions of
humans are influenced by the activities conducted in their locality which has relevance to the
concepts stipulated in such law for instance their awareness of the laws existing in the
to a particular law.
On the other hand, it is also perceived that some variables can influence the awareness
level of the people in regulatory programs like their age, sex, socio-economic status, educational
First, the older the person is, it is perceived that he/she has a wider knowledge of what is
happening around him/her. Second, girls tend to be more assertive in terms of knowing the
happenings in their environment. Third, the poorer the person is the greater is the probability that
they are enticed with incentives. Next, the higher educational attainment of the person has,
he/she is more abreast to knowledge. Lastly, the more training a person had attended will
Philippine National
Aquasilviculture Program
(PNAP)
Fisheries and Aquatic
Resources Management Profile of the respondents as to:
Council
age
Post-Harvest Activities
sex
Illegal, Unreported,
socio-economic status
Unregulated Fishing (IUUF)
highest educational
attainment
fishery-related trainings
attended
Research Hypothesis
a. There is no difference in the extent of awareness about the R.A. 8550 when respondents
are grouped by profile characteristics.
b. There is no significant difference in the assessment of respondents on the extent of
implementation of R.A. 8550.
c. There is no significant effect/ relationship on the level of awareness of the fisherfolk on
their awareness on the programs, projects, and activities of BFAR.
d. There is no significant relationship between extent of awareness and implementation of
R.A. 8550.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Chapter II
METHOD
Study Design
This study will use mixed method since it will require the collection of numerical and
non-numerical data to clearly draw answers to the problems mentioned in this study. Also, it will
As to the use of Descriptive Comparative Method, it is designed to compare the level and
extent of awareness of fisherfolk about the provisions of R.A. 8550 when they are be grouped by
assessment to the extent of implementation of the prohibitions and penalties of R.A. 8550.
Moreover, it will be used to determine the differences in the assessment of respondents on the
extent of implementation of R.A. 8550. Lastly, this will also guide the researcher in determining
the comparison as to the relationship of the level of awareness of the fisherfolk on their
awareness on the programs, projects, and activities of BFAR and the relationship between the
extent of awareness and extent of implementation of R.A. 8550 as perceived by the respondents.
Informants/Respondents
The informants of the study will be drawn from the list of registered fisherfolk
However, considering the time-frame of conducting this research, the researcher will only
select at least five coastal municipalities of Cagayan Province through a stratified systematic
random sampling.
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Also, from the five selected coastal towns, there will only be 10 respondents to be chosen
by means of purposive sampling method to ensure that the respondents are really a full-time
fisherfolk.
Instruments
The researcher will make use of a designed survey questionnaire. The questionnaire will
be divided into four parts. The first part will solicit the informants profile; the second part will
determine their awareness on the programs, programs, and activities which have relevance on the
provisions of R.A. 8550; the third will determine the awareness level of the respondents to
Reserves, Refuge and Sanctuaries, and Prohibitions and Penalties, all are provisions stated in
Philippines Fisheries Code of 1998; and the last part ascertains the assessment of the informants
about the extent of implementation of the prohibitions and penalties of R.A. 8550.
From the second part to the third part, likert scales of one to seven will be used with the
7- strongly aware
6- slightly aware
5- aware
4- strongly unaware
3- slightly unaware
2- unaware
1- Never aware
AWARENESS OF FISHERFOLK AND EXTENT OF IMPLEMENTATION OF R.A 8550
Meanwhile, on the last part likert scales of one to seven will also be used with the
7- strongly implemented
6- slightly implemented
5- implemented
4- strongly unimplemented
3- slightly unimplemented
2- unimplemented
2- Never implemented
The informants will be selected from the five coastal towns with 10 each. The floating of
After floating the questionnaire, the researcher will let the informant answer the four
parts of the questionnaire on site. If done, the researcher will also conduct an interview with the
When the researcher completed the 50 numbers of target informants, the researcher is
ready to tabulate the result and after which ask pieces of advice to her research adviser on the
Data Analysis
The data which will be gathered will undergo statistical treatment to determine the
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APPENDIX