A.

Preliminary

A. Preliminary

Governing Laws

RA No. 8550, enacted on February 17, 1998 is an act providing for the development and
conservation of the fisheries and aquatic resources and its integrating all laws pertinent thereto. It
is also called as “The Philippine Fisheries Code of 1998.”

RA No. 10654, enacted on February 27, 2015 seeks to “prevent, deter and eliminate
illegal, unreported and unregulated” fishing in the Philippines.

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;

b. To limit access to fishery and aquatic resources of the Philippines for the exclusive
use and enjoyment of Filipino citizens;

c. To ensure the rational and sustainable development, management and conservation of

the fishery and aquatic resources in the Philippine waters including Exclusive
Economic Zone (EEZ) and in the adjacent high seas, consistent with the sound
objective of maintaining a sound ecological balance, protecting and enhancing the
environment. The Philippine shall pursue its commitment to international conventions
and cooperate with other states and international bodies, in order to conserve and
manage threatened aquatic species, straddling and highly migratory fish stocks and
other living marine resources (as amended by RA 10654);

d. To protect the rights of fisherfolk, especially the local communities with priority to
municipal fisherfolk, in preferential use of 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. To provide support and protection to the fishery sector;

f. To adopt the precautionary principle and manage fishery and aquatic resources in a
manner consistent with the concept of an ecosystem-based approach to fisheries
management and integrated coastal management in specific natural fishery
management areas; and
g. To grant private sector the privilege to utilize the fishery resources under the basis
concept of active participant and partner of the government.

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 A. Preliminary

Objectives of the Fishery Sector

a. Conservation, protection and sustained management of the country’s fishery and

aquatic resources;

b. Poverty alleviation and the provision of supplementary livelihood among municipal

fisherfolk;

c. Improvement of productivity of aquaculture within ecological limits;

d. Optimal utilization of offshore and deep-sea resources;

e. Upgrading of post-harvest technology.

Scope of the Law

a. All Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive Economic
Zone (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; and
d. All Philippine flagged fishing vessels operating in areas governed by a Regional
Fisheries Management Organization (RFMO), in the high seas or in waters of other
coastal states.

Definition of Terms

a. Aquaculture – fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh brackish and marine water areas.

b. Aquatic Resources – includes all fish all other aquatic flora and fauna and other living
resources of the aquatic environment including, but not limited to, salt and corals.

c. Catch Ceilings – refer to the annual catch limits allowed to be taken, gathered or
harvested from any fishing area in consideration of the need to prevent overfishing
and harmful depletion of breeding stocks of aquatic organisms.

d. Closed Season – the period during which the taking of specified fishery species by a
specified fishing gear is prohibited in a specified area or areas in Philippine waters.

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 A. Preliminary

e. Commercial Fishing – the taking of fishery species by passive or active gear for trade,
business and profit beyond subsistence or sports fishing, to be further classified as:
e.1 Small scale commercial fishing – fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT) up to 20GT;
e.2 Medium scale commercial fishing – fishing utilizing active fears and vessels
of 20.1 GT up to 150 GT; and
e.3 Large scale commercial fishing – fishing utilizing active gears and vessels of
more than 150 GT.

f. Conservation and Management Measures – means measures to conserve and manage

living marine resources that are adopted and applied consistently with the relevant
rules of international law including those reflected in conventions, RFMO resolutions
and laws of other coastal states where Philippine flagged vessels fish.

g. Demarcated Areas – boundaries defined by markers and assigned exclusively to

specific individuals or organizations for certain specified and limited uses such.

h. Exclusive Economic Zone (EEZ) – an area beyond and adjacent to the territorial sea
which shall not extend beyond 200 nautical miles from the baselines as defined under
existing laws.

i. Fisherfolk – people directly or personally and physically engaged in taking and/or

culturing and processing fishery and/or aquatic resources

j. Fishing – the taking of fishery species from their wild state of habitat, with or without
the use of fishing vessels.

k. Fishing Gear – refers to any instrument or device and its accessories utilized in taking
fish and other fishery species.

k.1 Active Fishing Gear – a fishing device characterized by the pursuit of the
target species by towing, pushing the gears surrounding, covering, dredging, and
scaring the target species to impoundments; such as but not limited to, trawl,
purse seines, Danish seines, paaling and drift gill net
k.2 Passive Fishing Gear – characterized by the absence of pursuit of the target
species; such as but not limited to, hook and line, fishpots, traps and gill nets set
across the path of the fish

l. Harvest Control Rules – refers to actions or set of actions to be taken to achieve a

medium or long term target reference point while avoiding reaching or breaching a
limit reference point.

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 A. Preliminary

m. Illegal Fishing – means fishing activities conducted by Philippine fishing vessels

operation in violation of Philippine laws, Regional Fisheries Management
Organization resolutions, and laws of other coastal states.

n. Maximum Sustainable Yield (MYS) – the largest average quantity of fish that can be
harvested from a fish stock, resourced within a period of time (e.g. one year) on a
sustainable basis under existing environmental conditions.

o. Municipal Fishing – refers to fishing within municipal waters using fishing vessels of
three gross tons or less, or fishing not requiring the use of fishing vessels.

p. Municipal waters - include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as
defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also marine waters included between two (2.
lines drawn perpendicular to the general coastline from points where the boundary
lines of the municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and fifteen (15. kilometers from such
coastline. Where two (2. municipalities are so situated on opposite shores that there is
less than thirty (30. kilometers of marine waters between them, the third line shall be
equally distant from opposite shore of the respective municipalities.

q. 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 other waters over which the
Philippines has sovereignty and jurisdiction including the 200-nautical miles
Exclusive Economic Zone and the continental shelf.

r. Total Allowable Catch (TAC) – the maximum harvest allowed to be taken during a
given period of time from any fishery area, or from any fishery species of group or
species, or a combination of area and species and normally would not exceed MSY.

s. Unreported Fishing – refers to fishing activities which have not been reported, or
have been misreported to the Department, in contravention of national laws and
regulations of the Philippines, or undertaken in the area of competence of a relevant
RFMO which have not been reported or have been misreported, in contravention of
the reporting procedures of that organization and further elaborated by regulations to
be promulgated by the Department.

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 A. Preliminary

Reasons for Amending RA No. 8550

1. There are too many boats out at sea.

The world’s oceans are running out of fish due to unsustainable, and at times illegal,
fishing practices triggered by high demand for seafood.

According to Filipino scientists, the country has already reached the maximum
sustainable yield of our seas back in the 80s which led to the declaration that 10 out of 13 fishing
grounds in the Philippines have already been severely overfished or have now depleted.

In the new RA, there will now be harvest control mechanisms to limit fishing efforts
based on the health of fishing grounds.

2. Something’s fishy about today’s seafood.

A lot of commercial fishers (those with big boats that can haul tons of fish at a time) are
notorious for fishing in municipal waters or areas which are exclusive to small-scale fisher folk.
Thus, it is highly likely that the fish we daily consume was caught illegally.

A single commercial fishing impacts the livelihood of 65 small municipal fishers. The
former sells their catch and pass it off as legally-caught fish thus, robbing fishermen of their
potential income. This is the reason why fishermen remain one of the poorest sectors of society.

In the new RA, there will now be a vessel monitoring system that will tell authorities
when and where exactly boats are fishing.

3. Saved by the yellow card.

Back in 2014, the European Union issued a yellow card warning to the country because
of decades of rampant illegal, unregulated, unreported fishing happening in our waters. This
means that the EU is prompting the current administration to comply and amend our fisheries
law before they impose trade sanctions.

If the country does not comply with this, the EU will issue us a red card, like what they
did to Cambodia and Sri Lanka. This will be a big blow to the Philippines since EU is one of our
biggest markets with fish exports which could amount to a total loss of P9.4 billion.

On 21 April 2015, the EU lifted the issuance of the yellow card and lauded the country
for amending the Philippine Fisheries Code of 1998.

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 A. Preliminary

4. Penalties are no longer a slap on the wrist.

One of the reasons why illegal and unsustainable fishing became rampant was because
the government did not impose tougher penalties to those who violated the law.

As an example, a fisherman caught using dynamite will only have to pay a fine of
P5,000. Meanwhile, commercial fishers would only have to shell out a few thousand pesos
which are nothing compared to the amount of money they earn in selling their illegally-caught
fish.

Under the new RA, illegal fishers will now be made to pay a lot more—even amounting
to millions for the grounds of plundering our seas and destroying marine ecosystems which may
take decades to recover.

5. Saving sharks and dolphins.

In order to be able to have a bigger haul, many commercial fishers use big purse seine
nets or fish aggregating devices which then lure fish and other sea creatures such as sharks,
dolphins, and even turtles. This is why many of endangered species end up in the markets which
then eventually increase the illegal trade of endangered species.

Under the new RA, it is now illegal to fish or take, catch, gather, sell, purchase, possess,
transport, export, forward or ship out aquatic species listed by the Convention on the
International Trade in Endangered Species of Wild Flora and Fauna, or those categorized by the
International Union for Conservation of Nature and Natural Resources as threatened, or those
marine and aquatic species determined by the Department of Agriculture as such.

On internal waters, territorial sea, contiguous zone, and Exclusive Economic Zone

Internal Waters Territorial Sea Contiguous Zone Exclusive

All waters (part of the A belt of sea outwards
sea, rivers, lakes, etc.) from the baseline up to 12
landwards from the nautical miles beyond.
baseline of the However, for archipelagic
territory. Sovereignty states like the Philippines,
over these waters is “straight baselines” have
the same extent as been drawn instead of
sovereignty over land, following the curvatures of
and it is not subject to the coast. The straight
the right of innocent baselines are drawn by
passage. connecting selected points
on the coast without
Under the appreciable departure from
Economic Zone
An area of water not An area extending
exceeding 24 nautical not more than 200
miles from the nautical miles
baseline. The coastal beyond the baseline.
state exercise authority The coastal state has
over that area to the rights over the
extent necessary to economic resources
prevent infringement of of the sea, seabed
its customs, fiscal, and subsoil—but the
immigration or right does not affect
sanitation authority the right of
over its territorial navigation and over
waters or territory. flight of other states.

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 A. Preliminary

Internal Waters Territorial Sea Contiguous Zone Exclusive

Economic Zone
Constitution, the the general shape of the Under international
internal waters of the coast. law, the provisions
Philippines include on the EEZ are both
waters around, The sovereignty of the a grant of rights to
between, and coastal state over its and an imposition of
connecting the islands territorial sea as well as obligations on
of the archipelago. the seabed under is the coastal states
same as its sovereignty relative to the
This type of internal over its land territory. exploitation,
waters is considered as Beyond the territorial sea, management and
“Archipelagic waters.” the waters are high seas preservation of the
and are not subject to the resources found
sovereignty of the coastal within the zone.
state.

The continental shelf, archipelagic or insular shelf for archipelagos, refers to:

a. the seabed and subsoil of the submarine areas adjacent to the coastal state but
outside the territorial sea, to a depth of 200 meters or, beyond that limit, to where
the depth allows the exploitation; and
b. the seabed and subsoil of area adjacent to islands.

The coastal state has the right to explore and exploit its natural resources, to erect
installations needed, and to erect a safety zone over its installations with a radius of 500 meters.
It also has the exclusive right to construct and to authorize and regulate the construction,
operation, and use of artificial islands and certain other installations.

Obligation of coastal states

a. Must ensure through proper conservation and management measures that the living
resources of the EEZ are not subjected to over-exploitation; and
b. Must promote the objective if optimum utilization” of the living resources.

Use of Philippine waters

Sec. 5 of RA No. 8550 provides that the use and exploitation of the fishery and aquatic
resources in Philippine waters shall be reserved exclusively to Filipinos. Research and survey
activities may be allowed under strict regulations, for purely research, scientific, technological
and educational purposes that would also benefit Filipino citizens.

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 A. Preliminary

UNCLOS mandates States to protect and preserve the maritime environment

Art. 192 of the United Nations Convention on the Law of the Sea provides that the
“States have the obligation to protect and preserve maritime environment.”

This was given emphasis in the Hague-based Permanent Court Arbitration when, ruling
in favor of the Philippines’ compulsory arbitration petition against China.

Philippine archipelagic baselines law not unconstitutional.

1
In the case of Magallona v. Ermita, petitioners assail the constitutionality of RA No.
9522 defining the archipelagic baselines of the Philippines on two principal grounds:

a. RA no. 9522 reduces Philippine maritime territory, and logically the reach of the
Philippine state/s power, in violation of Article I of the 1987 Constitution, embodying
the terms of the Treaty of Paris and ancillary treaties; and
b. RA No. 9522 opens the country’s waters landward of the baselines to maritime
passage by all vessels and aircrafts, undermining Philippine sovereignty and national
security, contravening the country’s nuclear-free policy, and damaging marine
resources, in violation of relevant constitutional provisions.

The court held that RA No. 9522 was consistent with the Constitution. Justice Carpio,
speaking for a unanimous Court wrote:

“UNCLOS III has nothing to do with the acquisition (or loss) of territory.
It is a multilateral treaty regulating, among others, sea-use rights over
maritime zones (i.e., the territorial waters [12 nautical miles from the
baselines], contiguous zone [24 nautical miles from the baselines],
exclusive economic zone [200 nautical miles from the baselines]), and
continental shelves that UNCLOS III delimits. UNCLOS III was the
culmination of decades-long negotiations among United Nations members
to codify norms regulating the conduct of States in the worlds oceans and
submarine areas, recognizing coastal and archipelagic States graduated
authority over a limited span of waters and submarine lands along their
coasts.

On the other hand, baselines laws such as RA 9522 are enacted by

UNCLOS III States parties to mark-out specific basepoints along their
coasts from which baselines are drawn, either straight or contoured, to
serve as geographic starting points to measure the breadth of the maritime

1 GR No.187167 dated July 16, 2011

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 A. Preliminary

zones and continental shelf. Article 48 of UNCLOS III on archipelagic

States like ours could not be any clearer:

Thus, baselines laws are nothing but statutory mechanisms for UNCLOS
III States parties to delimit with precision the extent of their maritime
zones and continental shelves. In turn, this gives notice to the rest of the
international community of the scope of the maritime space and
submarine areas within which States parties exercise treaty-based rights,
namely, the exercise of sovereignty over territorial waters (Article 2), the
jurisdiction to enforce customs, fiscal, immigration, and sanitation laws in
the contiguous zone (Article 33), and the right to exploit the living and
non-living resources in the exclusive economic zone (Article 56) and
continental shelf (Article 77).” (Emphasis supplied)

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 B. Organizational
Structure

B. Organizational Structure

The Department of Agriculture (DA) is the government agency responsible for the
promotion of agricultural development. Its primary concern is to improve farm income and
generate work opportunities for farmers, fishermen, and other rural workers.

The DA shall issue such number licenses and permits for the conduct of fishery activities
subject to the limits of MSY of the resource as determined by scientific studies. The DA’s power
and functions include the following:

a) Provide integrated services to farmers, fishermen, and other food producers on

production , utilization, conservation, and disposition of agricultural and fishery
resources;
b) Promulgate and enforce all laws , rules and regulations governing the
conservation and proper utilization of agricultural and fishery resources;
c) Conduct, coordinate, and disseminate research studies on appropriate technologies
for the improvement and development of agricultural crops, fisheries, and other
allied commodities;
d) Provide the mechanism for the participation of farmers, fishermen, and
entrepreneurs at all levels of policy-making, planning and program formulation.

Catch ceiling may be imposed per species of fish whenever necessary and practicable:
Provided, however, that in municipal waters and fishery management areas, and waters under the
jurisdiction of special agencies, catch ceilings may be established upon the concurrence and
approval of recommendation of such special agency and the concerned LGU in consultation with
the Fisheries and Aquatic Resources Management Councils (FARMC) for ecological purposes.

The DA shall likewise establish a closed season. It is the period during which the taking
of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in
Philippine waters.

Bureau of Fisheries and Aquatic Resources (BFAR) is the line Bureau of the
department which primarily attends the needs of the fishing industry. Its organizational structure
shall consist of a Director and assisted by two (2) Assistant Directors, regional fisheries offices,
provincial fisheries offices, and where and when, if necessary, municipal fisheries offices. It shall
establish regional, provincial and municipal offices as may be appropriate and necessary to carry
out effectively and efficiently the provisions of the Fisheries Code.

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 C. Municipal
Fisheries

C. Municipal Fisheries

Municipal fisherfolk refers to persons who are directly or indirectly engaged in

municipal fishing and other related fishing activities whilst municipal fishing refers to fishing
within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not
requiring the use of fishing vessels.

Municipal waters include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as defined under
Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery
reserves, but also marine waters included between two (2) lines drawn perpendicular to the
general coastline from points where the boundary lines of the municipality touch the sea at low
tide and a third line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores
that there is less than thirty (30) kilometers of marine waters between them, the third line shall be
equally distant from opposite shore of the respective municipalities. Contiguous Fishery
Resources are those bays which straddle several municipalities, cities or provinces.

Jurisdiction of Municipal/City Governments

The municipal/city government shall have jurisdiction over municipal waters as defined
in the Code.

1. The municipal/city government, in consultation, with the Fisheries and Aquatic

Resources Management Council (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.
2. The municipal/city government may, in consultation, with the FARMC, enact
appropriate ordinances for this purpose and in accordance with the National
Fishery Policy. Subject to review by the Sanggunian of the province, pursuant to
2
the Local Government Code (LGC).
3. The LGU’s shall also enforce all fishery laws, rules and regulations as well as
valid fishery ordinances enacted by the municipal/city council.

The management of contiguous fishery resources 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. FARMC’s shall serve as the venue for close
collaboration among LGU’s in the management of contiguous resources.

2 RA No. 7160

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 C. Municipal Fisheries

Grant of Fishing Privileges in Municipal Waters

May be made by:

1. LGU - Grant of fishery rights

Preference: Duly registered fisherfolk organizations/cooperatives

2. Special agencies or Offices - Grant permits for proper management and

implementation of the aforementioned structures and vested jurisdiction over
municipal waters by virtue of special laws, such as, but not limited to, the LLDA
and the Palawan Council for sustainable development.

Laguna Lake Development Authority (LLDA)

The LLDA has the exclusive jurisdiction to issue permits for the enjoyment of fishery
privileges in Laguna de Bay. RA No. 4850 created the LLDA with the following purposes:

3. To promote, and accelerate the development and growth of the Laguna Lake area and
the surrounding provinces, cities and towns referred to as the region.
4. To carry out the development of the Laguna Lake region with due regard and
adequate provisions for environmental management and control, preservation of the
quality of human life and ecological systems, and the prevention of undue ecological
disturbances, deterioration and pollution.

Laguna de Bay refers to the: provinces of Rizal, and Laguna; cities of San Pablo City,
Pasay, Caloocan, Quezon City, Manila, and Tagaytay, towns in Batangas province including
Tanauan, Sto. Thomas and Malvar, town of Lucban in Quezon province, and towns in Metro
Manila namely Marikina, Pasig, Taguig, Muntinlupa and Pateros.

3
In LLDA v. CA, the Court ruled on which Agency of the Government shall exercise
Jurisdiction over Laguna Lake and its environs in so far as the issuance of permits of fishery
privileges:

LGC
RA No. 7160 or the Local Government Code
Enacted in 1991
Municipalities shall have the “exclusive
authority” to grant fishery privileges in the
municipal waters and impose rentals, fees or
charges therefore(Sec 149 a)
LLDA
RA No. 4850 as amended by PD 813
Enacted in 1966
LLDA shall have “exclusive jurisdiction” to issue
new permit for the use of the Lake including
navigation, construction and operation of fishpens,
fish enclosures, fish corrals and the like, and to

3 GR No. 120865-71 dated December 7, 1965

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 C. Municipal Fisheries

LGC LLDA
impose necessary safeguards for lake quality,
control and management and to collect necessary
fees for said activities and projects.,

It is basic in statutory construction that the enactment of a later legislation which is a

general law cannot be construed to have repealed a special law. The charter of the LLDA
constitutes a special law, while RA the Local Government Code is a general law.

The Court ruled that the power of the LLDA to grant the permits for fishpen, fishcages
and other aquaculture structures if for effectively regulating and monitoring activities in the
region and for Lake quality control and management. It embodies a valid exercise of police
power while the power of the LGU was granted for revenue purposes.

Users of Municipal Waters

1. Municipal fisherfolk
2. Their cooperatives /organizations-registered as such in the registry of municipal
fisherfolk
3. Small and commercial fishing vessels to operate within the ten point one (10.1) to 15
km area from the shoreline in municipal waters (the LGU, may through its local
chief executive and acting pursuant to an ordinance, authorize or permit) provided:
a. no commercial fishing in municipal waters with depth less than seven (7)
fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department;
c. prior consultation, through public hearing, with the M/CFARMC has been
conducted; and
d. the applicant vessel as well as the shipowner, 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 determined by the Department to be in an environmentally critical condition and during
closed season as provided for in Section 9 of the Fishery Code.

Registry of Municipal Fisherfolk

The LGU shall maintain a Registry of municipal fisherfolk for the following purposes:

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 C. Municipal
Fisheries

1. To determine priorities among them (The FARMC shall submit to the LGU
the list of priorities for its consideration.)
2. Limiting entry into the municipal waters
3. Monitoring fishing activities and/or other related purposes

Priority of Resident Municipal Fisherfolk

Sec 21 and 23 of RA No. 8550 provides the following:

Resident municipal fisherfolk of the municipality concerned and their

organizations/cooperatives shall have priority to exploit municipal and
demarcated fishery areas of the said municipality.

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.

In the case of Tano v. Socrates, the Court ruled the following:

The ordinances are police power measures enacted by the Province of

Palawan and the City of Puerto Princesa, it is the LGU’s duty to enact
measures to “protect the environment and impose appropriate penalties
for acts which endanger the environment, such as dynamite fishing and
other forms of destructive fishing.”

The so-called "preferential right" of subsistence or marginal fishermen to

the use of marine resources is not at all absolute. In accordance with the
Regalian Doctrine, marine resources belong to the State, and, pursuant to
the first paragraph of Section 2, Article XII of the Constitution, their
"exploration, development and utilization . . . shall be under the full
control and supervision of the State." Moreover, their mandated
protection, development and conservation as necessarily recognized by
the framers of the Constitution, imply certain restrictions on whatever
right of enjoyment there may be in favor of anyone.

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 D. Commercial Fisheries

D. Commercial Fisheries

Commercial fishing vessel license and other licenses

There is a need to secure a license from DA before a person shall operate a commercial
fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational
purposes, or engage in any fishery activity, or seek employment as a fishworker or pearl diver for
a period of which shall be prescribed by the Department.

No such license shall be required of a fishing vessel engaged in scientific research or

education purposes within Philippine water and pursuant to an International agreement of which
the Philippines is a signatory and which agreement defines the status, privileges and obligations
of said vessel and its crew and the non-Filipino officials of the international agency under which
vessel operates.

Members of the crew of a fishing vessel used for commercial fishing except the duly
licensed and/or authorized partrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk.

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.

That the large commercial fishing vessel 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.

Application and Requirements

The DA-BFAR shall grant and issue the Fisherman's License to fishworkers intending to
work in commercial fishing vessels, upon approval of the application. The following are the
requirements for Fisheman's License:

a.) Completed application form;

b.) 2 copies of 1" by 1" ID picture;
c.) valid government issued ID or Barangay Clearance;
d.) payment of license fee in the amount of One Hundred Pesos (Php 100)

The validity of Fisherman's License shall be three (3) years form the date of payment of
the license fee.

Renewal of Fisherman's License

Fisherman's License may be renewed three (3) months before its expiration. The non-
appearance of the licensee may be allowed during applications for renewal: provided, that the

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 D. Commercial Fisheries

person appearing on his behalf must present a certification of employment of the licensee issued
by the company or operator.

Fishworker's Identification

For fishworkers employed in fish processing plants and/or packing plants, aquaculture
farms, or other land based allied industries, a fishworker or fisherfolk identification card may be
issued by DA-BFAR.

Person eligible for commercial fishing license


Citizens of the Philippines

Partnership or to associations, cooperatives or corporation 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

Fishing vessels owned by persons eligible for commercial fishing


Shall secure Certificates of Philippine Registry and such other documents as are necessary for
fishing operations from the concerned agencies.

Commercial fishing vessel license shall be valid for a period to be determined by the Department.

Fishing in International Waters

Fishing vessels of Philippine registry shall comply with the safety, manning and other
requirements of the Philippine Coast Guard, Maritime Industry Authority and other agencies
concerned, secure an International fishing permit and certificate of clearance from the
Department and fish caught by such vessel 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 landing and fish ports in the Philippines.

Landing ports established by canneries, seafood processor and all fish landing sites
established prior to the effectivity of this Code shall be considered authorized landing sites.

Fishworkers on board Philippine registered fishing vessel conducting fishing activities

beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino
workers.

2C | Page 16
 E. Aquaculture

E. Aquaculture

Disposition of Public Lands for Fishery Purposes

 Public lands suitable for fishery operations shall not be disposed or alienated, such as:

1. Tidal Swamps
2. Mangroves
3. Marshes
4. Foreshore lands
5. Ponds

 Fishpond Lease Agreement (FLA) - A contract entered into by and between the
Secretary of Agriculture and a qualified fishpond applicant for the use of public land for
fishpond development purpose for a period of twenty-five (25) years. Upon expiration of
existing FLAs, the current lessees shall be given priority and entitled to an extension of
25 years in the utilization of their respective leased areas. Thereafter, such FLAs shall be
granted to other qualified Filipino fisher folks.

 No fish pens or fish cages or fish traps shall be allowed in lakes.

Lease of Fishponds

Fishpond leased shall be subject to the following conditions:

a. Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and
250 hectares for corporations or fisherfolk organizations;
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 other qualified research institutions to be used for aquaculture research
development;
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 revert to the public domain for reforestation;

2C | Page 17
 E. Aquaculture

e. The fishpond shall not be subleased, in whole or in part, and failure to comply with this
provision shall mean cancellation of FLA;
f. The transfer or assignment of rights to FLA shall be allowed only upon prior written
approval of the Department;
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.
4
Code of Practice for Aquaculture

Pursuant to Section 47 of R.A. No. 8550, this code of practice for aquaculture outlining
the general principles and guidelines for environmentally-sound design and operation for the
sustainable development of the industry is hereby promulgated for the information and guidance
of all concerned.

General Principles and Guidelines

SEC. 2. Site selection/evaluation. – Potential sites for aquaculture shall be thoroughly

evaluated by BFAR in consultation with DENR, LGUs, and NFARMC to ensure that
ecological and social conditions are sustained and protected.

SEC. 3. Farm design and construction. – Proven and accepted designs and construction
procedures shall be adopted to overcome problems related to flood levels, storms,
erosion, seepage, water intake and discharge points and encroachment on mangroves and
wetlands as well as social impacts.

SEC. 4. Water usage. – A good environment within the pond system shall be influenced
by proper practices on water usage as well as the pondwater quality management.

SEC. 5. Water discharge and sludge/effluent management. – There shall be emphasized

increased awareness of proper waste management in the aquaculture industry that shall
enhance the protection of coastal land and water resources.

SEC. 6. Use of drugs, chemicals, potentially toxic pesticides and fertilizers. – The
following shall be practiced to foster awareness on the proper use of therapeutic agents
and other chemicals without endangering food safety or threaten the environment.

4 Fisheries Administrative Order No. 214, Series of 2001

2C | Page 18
 E. Aquaculture

SEC. 7. Stock selection, stocking practices. – The following practices shall assure
increased production of good quality and disease-free stocks promoting profitable fish
farming xxx

SEC. 8. Introduction of exotic and GMOs. – The introduction of exotic and GMOs shall
be made after a sound ecological, biological and environmental justification based on
scientific studies and subject to the bio-safety standard as provided for by existing laws
and regulations.

SEC. 9. Feed, feed use and management. – The following practices shall be adopted to
improve the efficiency of supplemental feeds and feed management in aquaculture and
reduce the amount of waste entering the ponds:

SEC. 10. Fish health management. – The following practices shall be complied with to
provide effective management of fish health focusing on disease prevention rather than
disease treatment, eventually reducing the incidence of diseases and protecting the natural
fisheries.

SEC 11. Aquaculture Data Management. – Data management shall be properly

coordinated with all agencies concerned to come up with a networking system to access
aquaculture information.

Reversion of all abandoned, undeveloped or underutilized fishponds

 Abandoned, underdeveloped or underutilized fishponds covered by FLAs can be reverted

to their original mangrove state as determined by the DENR, DA, LGUs, FARMCs and
other concerned agencies.

Absentee fishpond lease agreement holders

 FLA holders who have acquired citizenship in another country during the existence of the
FLA shall result in automatic cancellation thereof and improvements thereon forfeited in
favor of the government.

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 (including
areas to be utilized for an individual) shall be constructed only within established zones
duly designated by LGUs and in consultation with FARMCs concerned.

2C | Page 19
 E. Aquaculture

 Not more than 10% of suitable water surface area of lakes and rivers shall be allotted for
aquaculture purposes and for the stocking density and feeding requirement which shall be
controlled and determined by its carrying capacity.
 Requirements if fish cages and fish pens are located outside municipal waters:
a. Shall be constructed and operated only within fish pen and fish cage belts designated
by DA
b. Licenses shall be secured
c. Corresponding fees shall be paid

Grant of privileges for operations fish pens, etc.

 Municipal fisherfolk and their organizations are exclusively granted with:
a. New concessions, licenses, permits, leases and;
b. Similar privileges for establishment or operation of fish pens, fish cages, fish
corrals/ traps and other similar structures in municipal areas

2C | Page 20
 F. Fishery Reserves, Refuge, and Sanctuaries

F. Fishery Reserves, Refuge, and Sanctuaries

Fishing areas reserves for exclusive use of government

 Fishery reservation is for the propagation, educational, research and scientific purposes by
the government or any of its political subdivisions, agencies or instrumentalities.
 DA may designate area or areas in the Philippine waters beyond 15kilometers from the
shoreline for such purposes.
 LGUs (in consultation with FARMCs) in municipalities or cities may also recommend to
the DA that portions of municipal waters be declared as fishery reserves.

Fish refuge and sanctuaries

 Establishment of fish refuge and sanctuaries and setting aside of areas for the cultivation
of mangroves to strengthen the habitat and the spawning grounds of fish.
 It is a designated area where fishing or other forms of activities which may damage the
ecosystem of the area is prohibited and human access may be restricted.
 May be established by the DA and to be administered in the manner prescribed by BFAR.
 No commercial fishing allowed in this area.
 LGUs (in consultation with FARMCs) in municipalities or cities may also establish
fishery refuge and sanctuaries.
 At least 15% where applicable of the total coastal areas in each municipality shall be
identified and designated as fish sanctuaries by the LGUs (in consultation with
FARMCs).

2C | Page 21
 G. Prohibition and Penalties

G. Prohibitions and Penalties

With the enactment of RA No. 10654, there were greater or harsher penalties imposed in
cases of violation of the fishery code such as but not limited to: higher administrative fine,
community service, longer imprisonment time, confiscation of caught fish, gears and fishing
equipment used in fishing, and revocation of license. The following are the punishable acts under
RA No. 10654 amending RA No. 8550:

Prohibited Act Definition

Unauthorized To capture or gather or to cause the capture or gathering of fish, fry or
Fishing fingerlings of any fishery species or fishery products without license or
(Section 86) permit from the Department or LGU.
It shall also be unlawful for any commercial fishing vessel to fish in

municipal waters.

Engaging in It shall be unlawful for any person to exploit, occupy, produce, breed or culture
Unauthorized fish, fry or fingerlings of any fishery species or fishery products or construct
Fisheries Activities and operate fish corrals, fish traps, fish pens and fish cages or fishponds
(Section 87) without a license, lease or permit.

Failure to Secure It shall be unlawful for any person to fish in the high seas, in the territorial
Fishing Permit Prior seas, archipelagic waters, and Exclusive Economic Zones of other states
to Engaging in using a Philippine flagged fishing vessel without first securing fishing permit
Distant Water from the Department and authorization from the coastal state.
Fishing
(Section 88) It shall be unlawful for an owner or operator, and the three (3) highest officers,
of a commercial fishing vessel to commit acts that are in contravention of
the terms and conditions stated in the fishing permit or as may be
promulgated by the Department.

Unreported Fishing It shall be unlawful for any person to engage in unreported fishing or to fail to
(Section 89) comply with the reportorial requirements in Section 38 of this Code.

Unregulated Fishing It shall be unlawful for any person to engage in unregulated fishing in waters
(Section 90) within and beyond national jurisdiction.
Unregulated Fishing – refers to fishing activities conducted by:

a. Vessels without nationality but operated by Filipino and/or Filipino

corporation;
b. Philippine flagged fishing vessels operating in areas managed by
RFMOs to which the Philippines is not a party to; or
c. Philippine flagged fishing vessels operating in areas or fish stocks
where there are no applicable conservation and management
5
measures.

5 Sec. 4 (87) of RA No. 10654

2C | Page 22
 G. Prohibition and Penalties

Prohibited Act Definition

Poaching in It shall be unlawful for any foreign person, corporation or entity to fish or
Philippine Waters operate any fishing vessel in Philippine waters.
(Section 91)

Fishing Through a. It shall be unlawful for any person to catch, take or gather or cause to be
Explosives, Noxious caught, taken or gathered fish or any fishery species in Philippine waters
or Poisonous with the use of explosives, noxious or poisonous substance such as
Substance, or sodium cyanide, which will kill, stupefy, disable or render unconscious
Electricity fish or fishery species.
(Section 92)
Provided, That the Department, subject to such safeguards and conditions
deemed necessary and with the endorsement from the concerned LGUs,
may allow, for research, educational or scientific purposes only, the
use of poisonous or noxious substances to catch, take or gather fish or
fishery species: Provided, further, That the use of poisonous or noxious
substances to eradicate predators and pests in fishponds in accordance
with accepted scientific practices and without causing adverse
environmental impact in neighboring waters and grounds shall not be
construed as illegal fishing.
b. It shall be unlawful for any person to possess explosives, and noxious or

poisonous substances for illegal fishing.

Use of Fine Mesh Net It shall be unlawful to engage in fishing using nets with mesh smaller than
(Section 93) that which may be determined by the Department: Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering of fry,
glass eels, elvers, tabios, and alamang and other species that by their nature are
small but already mature, as identified in the implementing rules and
regulations by the Department.

Fishing in It shall be unlawful for any person to fish in fishery management areas
Overexploited declared as overexploited.
Fishery Management
Areas
(Section 94)

Use of Active Gear in It shall be unlawful to engage in fishing in municipal waters and in all bays as
Municipal Waters, well as other fishery management areas using active fishing gears as defined
Bays and Other in this Code.
Fishery Management
Areas Active Fishing Gears - is a fishing device characterized by the pursuit of the
(Section 95) target species by towing, pushing the gears, surrounding, covering, dredging,
and scaring the target species to impoundments; such as, but not limited to,
trawl, purse seines, Danish seines, paaling and drift gill net
Passive Fishing Gear – is characterized by the absence of pursuit of the target

species; such as, but not limited to, hook and line, fishpots, traps and gill nets
set across the path of the fish

2C | Page 23
 G. Prohibition and Penalties

Prohibited Act Definition

Ban on Coral It shall be unlawful for any person or corporation to gather, possess,
Exploitation and commercially transport, sell or export ordinary, semi-precious and precious
Exportation corals, whether raw or in processed form, except for scientific or research
(Section 96) purposes. It shall also be unlawful for any person, corporation or entity to
commit any activity that damage coral reefs.

Ban on Muro-ami, (a) It shall be unlawful for any person, natural or juridical, to fish with gear or
Other Methods and method that destroys coral reefs, seagrass beds, and other fishery marine
Gear Destructive to life habitat as may be determined by the Department. ‘Muro-ami’ and any
Coral Reefs and of its variation, and such similar gears and methods that require diving,
Other Marine other physical or mechanical acts to pound the coral reefs and other habitat
Habitat to entrap, gather or catch fish and other fishery species are also prohibited.
(Section 96)
The muro-ami fishing technique, employed on coral reefs in Southeast Asia,
uses an encircling net together with pounding devices. These devices usually
6
comprise large stones fitted on ropes that are pounded into the coral reefs.
(b) Except in cases allowed by law, it shall be unlawful for any person, natural

or juridical, to gather, possess, commercially transport, sell or export coral

sand, coral fragments, coral rocks, silica, and any other substances which
make up any marine habitat.

Illegal Use of It shall be unlawful to engage in fishing with the use of superlight in municipal
Superlights or waters, or to fish with fishing light attractor using candlelight power or
Fishing Light intensity beyond the standards set by the Department in consultation with the
Attractor LGUs for fishing in municipal waters, or in violation of the rules promulgated
(Section 98) by the Department for fishing with the use of superlight or fishing light
attractor outside municipal waters.
Fishing Light Attractor – refers to a fishing aid which employs lights using,

among others, mercury vapor, high pressure sodium vapor, standard tungsten,
tungsten halogen, fluorescent or light-emitting diode, that are attached to a
structure above water or suspended underwater to attract both fish and
members of their food chain to specific areas in order to harvest them.

Conversion of It shall be unlawful for any person to convert mangroves into fishponds or for
Mangroves any other purpose.
(Section 99)
Mangroves - a community of intertidal plants including all species of trees,
shrubs, vines and herbs found on coasts, swamps, or border of swamps

Fishing During It shall be unlawful to fish during closed season.

Closed Season
(Section 100)

6 https://en.wikipedia.org/wiki/Muroami

2C | Page 24
 G. Prohibition and Penalties

Prohibited Act Definition

Fishing in Marine It shall be unlawful to fish in marine protected areas, fishery reserves, refuge,
Protected Areas, or fish sanctuaries as declared by the Department or the LGUs.
Fishery Reserves,
Refuge and
Sanctuaries
(Section 101)

Fishing or Taking of (a) It shall be unlawful to fish or take, catch, gather, sell, purchase, possess,
Rare, Threatened or transport, export, forward or ship out aquatic species listed in Appendix I
Endangered Species of the Convention on the International Trade in Endangered Species of
(Section 102) Wild Flora and Fauna (CITES), or those categorized by the International
Union for Conservation of Nature and Natural Resources (IUCN) as
threatened and determined by the Department as such.
(b) It shall be unlawful to fish, take, catch, gather, sell, purchase, possess,
transport, export, forward or ship out aquatic species listed in CITES
Appendices II and III if scientific assessments show that population of the
species in the wild cannot remain viable under pressure of collection and
trade: Provided, That the taking or fishing of these species from the wild
for scientific research, or conservation breeding simultaneous with
commercial breeding may be allowed.
(c) It shall be unlawful to gather, take, possess, transport, or export, forward or
ship out captive-bred species that have been transplanted to the wild.

Capture of Sabalo It shall be unlawful for any person to catch, gather, capture or possess mature
and Other Breeders/ milkfish or sabalo and other breeders or spawners of other fishery species as
Spawners may be determined by the Department: Provided, That catching of sabalo and
(Section 103) other breeders/spawners for local breeding purposes or scientific or research
purposes may be allowed subject to guidelines that shall be promulgated by the
Department.
Sabalo or full-grown bangos shall mean bangos which are sexually mature. in

spawning condition or carrying ripe eggs and milt.7

Exportation of Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall
Breeders, Spawners, be punished under this Act: Provided, That the export of hatchery-bred or
Eggs or Fry captive-bred breeder, spawner, egg or fry, may be allowed subject to the
(Section 104) regulations to be promulgated by the Department.
Failure on the part of the shipping or forwarding company from whose

possession the breeders, spawners, eggs, or fry are discovered or seized to fully
cooperate in the investigation conducted by concerned government authorities
on the matter shall create a presumption that there is connivance or conspiracy
between the company and the shipper to violate the provisions of this section.

7 Fisheries Administrative Order No. 25 dated August 5, 1949

2C | Page 25
 G. Prohibition and Penalties

Prohibited Act Definition

Importation or Any importation or exportation of fish or fishery species in violation of this
Exportation of Fish Code shall be unlawful.
or Fishery Species
(Section 105) Failure on the part of the shipping or forwarding company from whose
possession the fish or fishery species imported or exported are discovered or
seized to fully cooperate in the investigation conducted by concerned
government authorities shall create a presumption that there is connivance or
conspiracy between the shipping company and the shipper to perpetrate the
aforementioned offense.

Violation of Harvest It shall be unlawful for any person to fish in violation of harvest control rules
Control Rules as determined by the Department.
(Section 106)
Harvest Control Rules – refers to actions or set of actions to be taken to
achieve a medium or long term target reference point while avoiding reaching
or breaching a limit reference point.
Reference Points – means benchmark values often based on indicators such as

fishery stock size or the level of fishing that serves as standard to compare
estimates of a fishery stock size and fishing mortality over time depending on
the biological characteristics of the species. Reference points can mark: (a) a
limit or a level that should be avoided; (b) a target, which should be achieved
and maintained; or (c) a trigger that signals the need to take prescribed actions.

Aquatic Pollution The introduction by human or machine, directly or indirectly, of substances or

(Section 107) energy to the aquatic environment which result or is likely to result in such
deleterious effects as to harm living and non-living aquatic resources, pose
potential and/or real hazard to human health, hindrance to aquatic activities
such as fishing and navigation, including dumping/disposal of waste and other
marine litters, discharge of petroleum or residual products of petroleum or
carbonaceous materials/substances and other radioactive, noxious or harmful
liquid, gaseous or solid substances, from any water, land or air transport or
other human-made structure. Deforestation, unsound agricultural practices
such as the use of banned chemicals and excessive use of chemicals, intensive
use of artificial fish feed, and wetland conversion, which cause similar hazards
and deleterious effects shall also constitute aquatic pollution. 8

Failure to Comply The owner and captain of a commercial fishing vessel engaged in fishing who,
with Minimum upon demand by proper authorities, fails to exhibit or show proof of
Safety Standards compliance with the safety standards provided in this Code shall be liable
(Section 108) administratively and criminally.

Failure to Submit a It shall be unlawful for owners and operators of fishponds, fishpens and fish
Yearly Report on All cages to fail to submit an annual report to the Department pursuant to
Fishponds, Fish Pens Section 57 of this Code.
and Fish Cages
(Section 109)

8 Section 4(4) of RA No. 8550

2C | Page 26
 G. Prohibition and Penalties

Prohibited Act Definition

Gathering and It shall be unlawful for any person to gather, take, sell, transfer, possess,
Marketing of Shell commercially transport, export, forward or ship out any sexually mature shell
Fishes or Other fish or other aquatic species identified by the Department, or below the
Aquatic Species minimum size, or above the maximum quantities prescribed for the species.
(Section 110) Other parameters for the protection of heavily traded aquatic species may be
promulgated by the Department.

Obstruction to It shall be unlawful for any person to cause obstruction to navigation or flow or
Navigation or Flow ebb of tide.
or Ebb of Tide in any
Stream, River, Lake
or Bay
(Section 111)

Noncompliance with Fishery operations involving the breeding and farming of fish and other fishery
Good Aquaculture species shall comply with good aquaculture practices and the guidelines for
Practices environmentally-sound design and operation for the sustainable development
(Section 112) of the aquaculture industry which shall be promulgated by the Department.

Commercial Fishing (a) The owner or operator of a commercial fishing vessel employing
Vessel Operators unlicensed fisherfolk or fishworker or crew
Employing Unli- (b) It shall likewise be unlawful for Philippine flagged fishing vessels engaged
censed Fisherfolk, in distant water fishing to employ unlicensed fisherfolk or fishworker or
Fishworker or Crew crew.
(Section 113)

Obstruction of It shall be unlawful for any person to obstruct any defined migration path of
Defined Migration anadromous, catadromous and other migratory species.
Paths
(Section 114)

Obstruction to The fishing vessel owner, master or operator or any other person acting on
Fishery Law behalf of any fishing vessel who assaults, resists, intimidates, harasses,
Enforcement Officer seriously interferes with, or unduly obstructs or delays a fishery law
(Section 115) enforcement officer, authorized inspector or observer, the deputized
fishwarden of the LGU, or any lawfully-boarding government officers, in the
exercise of their duties shall be penalized under this Code. Any person who
does not allow any authorized officer or an observer to exercise any of the
legal duties shall be deemed to be obstructing that officer or person.

Noncompliance with (a) It shall be unlawful for Philippine distant water fishing vessel to sail
Fisheries Observer without a fisheries observer on board as required by RFMO conservation
Coverage and management measures.
(Section 116) (b) It shall be unlawful for commercial fishing vessels to sail without a
fisheries observer in compliance with this Code and the rules and
regulations promulgated by the Department.

2C | Page 27
 G. Prohibition and Penalties

Prohibited Act Definition

Noncompliance with No foreign fishing vessel shall be allowed entry without providing at least
Port State Measures twenty-four (24)-hour prior notice. When a foreign fishing vessel is granted
(Section 117) entry, failure to provide a catch report shall be deemed unlawful. It shall
likewise be unlawful for any person to fail to comply with other rules on port
state measures promulgated by the Department in coordination with port state
authorities.

Failure to Comply It shall be unlawful for any person to fail to comply with conservation and
with Rules and management measures adopted in rules and regulations to be promulgated by
Regulations on the Department pursuant to international conventions, RFMO resolutions and
Conservation and laws of coastal states where Philippine vessels fish.
Management
Measures
(Section 118)
Noncompliance with No municipal, commercial or distant water fishing vessel shall engage in
Vessel Monitoring fishing activity without complying with the vessel monitoring measures
Measures promulgated by the Department in coordination with the LGUs: Provided, That
(Section 119) for vessels operating in Philippine waters, only the catcher vessel shall be
covered by this requirement. It shall also be unlawful to intentionally tamper
with, switch off or disable the vessel monitoring system.

Constructing, It shall be unlawful for any person to construct or import fishing vessels or
Importing or gears or to convert other vessels into fishing vessels without permit from the
Converting Fishing Department.
Vessels or Gears
Without Permit from
the Department
(Section 120)

Use of Unlicensed Any person who uses a fishing gear or method for commercial fishing without
Gear license from the Department
(Section 121)

Falsifying, It shall be unlawful for any person to falsify, conceal vessel identity or lack of
Concealing or registration or tamper with the vessel markings, identity or registration.
Tampering with
Vessel Markings,
Identity or
Registration
(Section 122)

Concealing, It shall be unlawful for any person to conceal, tamper or dispose evidence
Tampering or relating to an investigation of a violation.
Disposing of
Evidence Relating to
an Investigation of a
Violation
(Section 123)

2C | Page 28
 G. Prohibition and Penalties

Prohibited Act Definition

Noncompliance with It shall be unlawful to import, introduce, or breed, foreign or exotic aquatic
the Requirements for species without the conduct of risk analysis and prior approval of the
the Introduction of Department.
Foreign or Exotic
Aquatic Species
(Section 124)

Failure to Comply It shall be unlawful for any person to fail to comply with standards for weights,
with Standards and volume, quality and other requirements for all fishery transactions and trade
Trade-Related and trade-related measures prescribed by the Department.
Measures
(Section 125)

Possessing, Dealing It shall be unlawful to ship, commercially transport, offer for sale, sell, import,
in or Disposing export, or have custody, control, or possession of, or to deal in or in any
Illegally Caught or manner dispose of any fish or species caught, taken or retained in violation of
Taken Fish this Code.
(Section 126)

Unauthorized Data from the vessel monitoring system or vessel monitoring measure and
Disclosure of other related data arising therefrom shall be considered as sensitive technical
Sensitive Technical information. Any unauthorized disclosure of said data including all other data
Information referred to in Section 155 in this Code, by any person shall be penalized with
(Section 127) imprisonment of six (6) months and one day to six (6) years, removal from
office and forfeiture of all retirement benefits, where applicable.

Other Violations In addition to the prohibitions in this Code, the Department, in consultation
(Section 128) with the LGUs, local FARMCs and NFARMC, shall issue fishery
administrative orders or regulations for the conservation, preservation,
management and sustainable development of fisheries and aquatic resources.

Section 4(82) of RA No. 10654 enumerated the Serious Violation of the Code as follows:
(a) Fishing without a valid license, authorization or permit;
(b) Fishing without reporting the catch or misreporting the catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel markings, identity or registration
to conceal vessel identity or lack of registration;
(g) Concealing, tampering or disposing of evidence relating to an investigation of a violation;
(h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly
obstructing or delaying a fisheries law enforcer, authorized inspector or observer or other
duly authorized government officer;
(i) Intentionally tampering with or disabling the vessel monitoring system; and
(j) Committing multiple violations which taken together constitute a serious disregard of this
Code.

2C | Page 29
 H. Administrative Adjudication

H. Administrative Adjudication

The Department is empowered to impose the administrative fines and penalties provided
by the Fishery Code, as amended.

Adjudication Committee – Bureau Director as chairperson and four (4) members as designated
by the Secretary

Summary Administrative Action - The Department shall, on its own instance or upon verified
complaint by any person, institute administrative proceedings against any person who violates
9
any order, rule or regulation issued by the Department, pursuant to this Code.

The Adjudication Committee may impose the following additional sanctions to the
administrative penalties imposed for serious violations:

(1) confiscation of fishing gear;

(2) impoundment of fishing vessel;
(3) temporary suspension or permanent revocation of license or permit;
(4) temporary or permanent ban from the availment of applicable duty and tax rebates;
(5) inclusion in the illegal, unregulated and unreported (IUU) fishing vessel list;
(6) denial of entry and other port services;
(7) blacklisting; and
(8) increase in the amount of fines but not to exceed five (5) times the value of the catch. In
case of repeated violations within a five-year period, the amount of fine may be increased
up to eight (8) times the value of the catch.

During the pendency of the administrative or the criminal case, the Department may
impound the vessel/conveyance, gear and other paraphernalia used in the commission of the
offense.

In applying these accompanying sanctions, the Department shall take into account the
seriousness of the violation as defined in Paragraph 82 of Section 4 of this Code, the habituality

9 Section 131 of RA No. 10654

2C | Page 30
 H. Administrative Adjudication

or repetition of violation, manner of commission of the offense, severity of the impact on the
fishery resources and habitat, socioeconomic impact, cases of concealment or destruction of
evidence, eluding arrest, resisting lawful orders, and other analogous circumstances.

Fines and penalties imposed pursuant to this Code shall constitute a lien upon the
10
personal and immovable properties of the violator. In case the offender is a municipal
fisherfolk or has no property over which the Department may impose the fines and penalties
11
prescribed for the offense, community service may be rendered in lieu of the fine.

A Fisheries Management Fund is established to enhance the budget for: the

conservation, preservation, protection, management, development and regulation of the fishery
and aquatic resources; research and development and capability building of the various
stakeholders including provision for scholarships; supplementary livelihood for poverty
alleviation; and improvement of productivity and processes of the various stakeholders. It shall
be administered by the Bureau of Fisheries and Aquatic Resources as a special account in any
government financial institution. It shall be funded from administrative fines and penalties
imposed under the Fishery Code, from the proceeds of the sale of forfeited fish, fishing gears,
paraphernalia and fishing vessels, and contributions in the form of endowments, grants and
donations to the fund, which shall be exempted from donor and other taxes, charges or fees
imposed by the government.

Any citizen may file an appropriate civil, criminal or administrative action in the proper
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courts/bodies against: (Citizen’s Suit)

(a) Any person who violates or fails to comply with the provisions of this Code, and its
implementing rules and regulations;
(b) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and
(c) Any public officer who willfully or grossly neglects the performance of a duty
specifically enjoined by this Code and its implementing rules and regulations; or abuses
authority in the performance of duty; or, in any manner improperly performs duties under
this Code and its implementing rules and regulations: Provided, however, That no suit
can be filed until after fifteen (15) days notice has been given the public officer and the
alleged offender and no appropriate action has been taken thereon.

Seizure without warrant

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In Roldan v. Arca , two fishing boats were seized for illegal fishing with dynamite. Fish
caught with dynamite and sticks of dynamite were then found aboard the two vessels. The
apprehension was made without warrant and the court ruled as follows:

10 Section 136 of RA No. 10654

11 Section 137 of RA No. 10654
12 Section 138 of RA No. 10654
13 GR No. L-25434 dated July 25, 1975

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 H. Administrative Adjudication

Search and seizure without search warrant of vessels and air crafts for
violations of the customs laws have been the traditional exception to the
constitutional requirement of a search warrant, because the vessel can be
quickly moved out of the locality or jurisdiction in which the search warrant
must be sought before such warrant could be secured; hence it is not
practicable to require a search warrant before such search or seizure can be
constitutionally effected.

The same exception should apply to seizures of fishing vessels breaching our
fishery laws. They are usually equipped with powerful motors that enable
them to elude pursuing ships of the Philippine Navy or Coast Guard.

Another exception to the constitutional requirement of a search warrant for a

valid search and seizure, is a search or seizure as an incident to a lawful arrest
(Alvero vs. Dizon, 76 Phil. 637; Justice Fernando, The Bill of Rights, 1972
ed., p. 224). Under our Rules of Court, a police officer or a private individual
may, without a warrant, arrest a person (a) who has committed, is actually
committing or is about to commit an offense in his presence; (b) who is
reasonably believed to have committed an offense which has been actually
committed; or (c) who is a prisoner who has escaped from confinement while
serving a final judgment or from temporary detention during the pendency of
his case or while being transferred from one confinement to another (Sec. 6,
Rule 113, Revised Rules of Court). In the case at bar, the members of the crew
of the two vessels were caught in flagrante illegally fishing with dynamite and
without the requisite license. Thus their apprehension without a warrant of
arrest while committing a crime is lawful. Consequently, the seizure of the
vessel, its equipment and dynamites therein was equally valid as an incident to
a lawful arrest.

It is rooted on the recognition that a vessel and an aircraft, like motor vehicles, can be
quickly moved out of the locality of jurisdiction in which the search warrant must be sought and
secured. Hence, judicial authorities have not required a search warrant of vessels and aircrafts
before their search and seizure can be constitutionally effected. The same exception applies to
seizures of fishing vessels and boats breaching our fishery laws. These vessels are normally
powered by high-speed motors that enable them to elude arrest made by government authorities
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enforcing our fishery laws.

14 Tano v. Socrates, GR No. 110249 dated August 21, 1997

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