Republic Act No.

8550 as amended by RA 10654 [complete with amendments]

AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND

CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING
ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

Section 1. Title. - This Act shall be known as "The Philippine Fisheries Code of
1998."

CHAPTER I
Declaration of Policy and Definitions

Section 2. Declaration of Policy. - It is hereby declared the policy of the State:

(a) to achieve food security as the overriding consideration in the utilization,

management, development, conservation and protection of fishery resources in
order to provide the food needs of the population. A flexible policy towards the
attainment of food security shall be adopted in response to changes in
demographic trends for fish, emerging trends in the trade of fish and other
aquatic products in domestic and international markets, and the law of supply
and demand;

(b) to limit access to the 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 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. The Philippines 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;

(d) to protect the rights of fisherfolk, especially of the local communities with
priority to municipal fisherfolk, in the preferential use 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) to provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and
research, adequate financial, production, construction of post-harvest facilities,
marketing assistance, and 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) 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 area management in
specific natural fishery management areas, appropriately supported by research,
technical services and guidance provided by the State; and

(g) to grant the private sector the privilege to utilize fishery resources under the
basic concept that the grantee, licensee or permittee thereof shall not only be a
privileged beneficiary of the State but also active participant and partner of the
Government in the sustainable development, management, conservation and
protection of the fishery and aquatic resources of the country.

The state shall ensure the attainment of the following objectives of the fishery sector:

1. Conservation, protection and sustained management of the country's fishery

and aquatic resources;

2. Poverty alleviation and the provision of supplementary livelihood among

municipal fisherfolk;

3. Improvement of productivity of aquaculture within ecological limits;

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

5. Upgrading of post-harvest technology.

SEC. 3. Application of its Provisions. – The provisions of this Code shall be enforced in:

(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, fish pens/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.

SECTION 4. Definition of Terms. — As used in this Code, the following terms and
phrases shall mean as follows:

1. Ancillary Industries — firms or companies related to the supply,

construction and maintenance of fishing vessels, gears, nets and other
fishing paraphernalia; fishery machine shops; and other facilities such as
hatcheries, nurseries, feed plants, cold storage and refrigeration,
processing plants and other pre-harvest and post-harvest facilities.

2. Appropriate Fishing Technology — adaptable technology, both in fishing

and ancillary industries, that is ecologically sound, locally source-based
and labor intensive.

3. Aquaculture — fishery operations involving all forms of raising and

culturing fish and other fishery species in fresh, brackish and marine water
areas.

4. Aquatic Pollution — the introduction by human or machine, directly or

indirectly, of substances or 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.

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

6. Artificial Reefs — any structure of natural or man-made materials placed

on a body of water to serve as shelter and habitat, source of food,
breeding areas for fishery species and shoreline protection.

7. 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.

8. 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.

9. Coastal Area/Zone — is a band of dry land and adjacent ocean space

(water and submerged land) in which terrestrial processes and uses
directly affect oceanic processes and uses, and vice versa; its geographic
extent may include areas within a landmark limit of one (1) kilometer from
the shoreline at high tide to include mangrove swamps, brackish water
ponds, nipa swamps, estuarine rivers, sandy beaches and other areas
within a seaward limit of 200 meters isobath to include coral reefs, algal
flats, seagrass beds and other soft-bottom areas.

10. Commercial Fishing — the taking of fishery species by passive or active

gear for trade, business & profit beyond subsistence or sports fishing, to
be further classified as:

1.            Small scale commercial fishing — fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

2.            Medium scale commercial fishing — fishing utilizing active gears and
vessels of 20.1 GT up to one hundred fifty (150) GT; and

3.            Large commercial fishing — fishing utilizing active gears and vessels of
more than one hundred fifty (150) GT.

11. Commercial Scale — a scheme of producing a minimum harvest per

hectare per year of milkfish or other species including those raised in
pens, cages, and tanks to be determined by the Department in
consultation with the concerned sectors;

12. Community Service – means any service or activity that is performed for
the benefit of the community or its institutions in lieu of payment of fine
imposed as administrative or criminal penalty.

13. 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.

14. Coral — the hard calcareous substance made up of the skeleton of marine
coelenterate polyps which include reefs, shelves and atolls or any of the
 marine coelenterate animals living in colonies where their skeletons form a
stony mass. They include: (a) skeletons of anthozoan coelenterates
characterized as having a rigid axis of compact calcareous or horny
spicules, belonging to the genus corallium as represented by the red, pink,
and white corals which are considered precious corals; (b) skeletons of
anthozoan coelenterates characterized by thorny, horny axis such as the
antipatharians represented by the black corals which are considered semi-
precious corals; and (c) ordinary corals which are any kind of corals that
are not precious nor semi-precious.

15. Coral Reef — a natural aggregation of coral skeleton, with or without living
coral polyps, occurring in intertidal and subtidal marine waters.

16. Demarcated Areas — boundaries defined by markers and assigned

exclusively to specific individuals or organizations for certain specified and
limited uses such as:

a.            Aquaculture, sea ranching and sea farming;

b.            Fish aggregating devices;

c.             Fixed and passive fishing gears; and

d.            Fry and fingerlings gathering.

17. Department — shall mean the Department of Agriculture.

18. Distant Water Fishing – means fishing in the high seas or in waters of
other states.

19. Electrofishing — the use of electricity generated by batteries, electric

generators and other source of electric power to kill, stupefy, disable or
render unconscious fishery species, whether or not the same are
subsequently recovered.

20. Endangered Rare and/or Threatened Species — aquatic plants, animals,

including some varieties of corals and sea shells in danger of extinction as
provided for in existing fishery laws, rules and regulations or in the
Protected Areas and Wildlife Bureau of the Department of Environment
and Natural Resources (DENR) and in the Convention on the International
Trade of Endangered Species of Flora and Fauna (CITES).

21. 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.
22. FARMCs — the Fisheries and Aquatic Resources Management Councils.

23. Farm-to-Market Roads — shall include roads linking the fisheries

production sites, coastal landing points and other post-harvest facilities to
major market and arterial roads and highways.

24. Fine Mesh Net — net with mesh size of less than three centimeters (3
cm.) measured between two (2) opposite knots of a full mesh when
stretched or as otherwise determined by the appropriate government
agency.

25. Fish and Fishery/Aquatic Products — include not only finfish but also
mollusks, crustaceans, echinoderms, marine mammals, and all other
species of aquatic flora and fauna and all other products of aquatic living
resources in any form.

26. Fish Cage — refers to an enclosure which is either stationary or floating

made up of nets or screens sewn or fastened together and installed in the
water with opening at the surface or covered and held in a place by
wooden/bamboo posts or various types of anchors and floats.

27. Fish Corral or “Baklad” — a stationary weir or trap devised to intercept and
capture fish consisting of rows of bamboo stakes, plastic nets and other
materials fenced with split bamboo mattings or wire mattings with one or
more enclosures, usually with easy entrance but difficult exit, and with or
without leaders to direct the fish to the catching chambers, purse or bags.

28. Fish fingerlings — a stage in the life cycle of the fish measuring to about 6-
13 cm. depending on the species.

29. Fish fry — a stage at which a fish has just been hatched usually with sizes
from 1-2.5 cm.

30. Fish pen — an artificial enclosure constructed within a body of water for
culturing fish and fishery/aquatic resources made up of poles closely
arranged in an enclosure with wooden materials, screen or nylon netting to
prevent escape of fish.

31. Fisherfolk — people directly or personally and physically engaged in

taking and/or culturing and processing fishery and/or aquatic resources.

32. Fisherfolk Cooperative — a duly registered association of fisherfolk with a

common bond of interest, who have voluntarily joined together to achieve
a lawful common social or economic end, making equitable contribution to
the capital requirement and accepting a fair share of the risks and benefits
 of the undertakings in accordance with universally accepted cooperative
principles.

33. Fisherfolk Organization — an organized group, association, federation,

alliance or an institution of fisherfolk which has at least fifteen (15)
members, a set of officers, a constitution and by-laws, an organizational
structure and a program of action.

34. Fisheries — refers to all activities relating to the act or business of fishing,
culturing, preserving, processing, marketing, developing, conserving and
managing aquatic resources and the fishery areas, including the privilege
to fish or take aquatic resource thereof.

35. Fisheries Observer – refers to a person duly authorized by the Philippine

government or under a Regional Observer Program of the RFMO, to
collect scientific, technical or fishing-related data, and other information
that may be required by the government or the RFMO and/ or in
compliance to a conservation and management measure.

36. Fish Pond — a land-based facility enclosed with earthen or stone material
to impound water for growing fish.

37. Fishing Vessel/Gear License – refers to a permit to operate specific types

of fishing vessel/gear for specific duration in areas beyond municipal
waters for demersal or pelagic fishery resources.

38. Fishery Management Areas — a bay, gulf, lake or any other fishery area
which may be delineated for fishery resource management purposes.

39. Fishery Operator — one who owns and provides the means including
land, labor, capital, fishing gears and vessels, but does not personally
engage in fishery.

40. Fishery Refuge and Sanctuaries — 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.

41. Fishery Reserve — a designated area where activities are regulated and
set aside for educational and research purposes.

42. Fishery Species — all aquatic flora and fauna including, but not restricted
to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and
cetaceans.

43. Fishing — the taking of fishery species from their wild state of habitat, with
or without the use of fishing vessels.
44. Fishing Gear – refers to any instrument or device and its accessories
utilized in taking fish and other fishery species.

(a) Active Fishing Gear – is 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.

(b) 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.

45. 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.

46. Fishing vessel — any boat, ship or other watercraft equipped to be used
for taking of fishery species or aiding or assisting one (1) or more vessels
in the performance of any activity relating to fishing, including, but not
limited to, preservation, supply, storage, refrigeration, transportation
and/or processing.

47. Fishing with Explosives — the use of the dynamite, other explosives or
other chemical compounds that contain combustible elements or
ingredients which upon ignition by friction, concussion, percussion or
detonation of all or parts of the compound, will kill, stupefy, disable or
render unconscious any fishery species. It also refers to the use of any
other substance and/or device which causes an explosion that is capable
of producing the said harmful effects on any fishery species and aquatic
resources and capable of damaging and altering the natural habitat.

48. Fishing with Noxious or Poisonous Substances — the use of any

substance, plant extracts or juice thereof, sodium cyanide and/or cyanide
compounds or other chemicals either in a raw or processed form, harmful
or harmless to human beings, which will kill, stupefy, disable or render
unconscious any fishery species and aquatic resources and capable of
damaging and altering the natural habitat.

49. Fishworker — a person regularly or not regularly employed in commercial

fishing and related industries, whose income is either in wage, profit-
sharing or stratified sharing basis, including those working in fish pens,
fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt
beds, fish ports, fishing boat or trawlers, or fish processing and/or packing
 plants. Excluded from this category are administrators, security guards
and overseers.

50. Food Security — refers to any plan, policy or strategy aimed at ensuring
adequate supplies of appropriate food at affordable prices. Food security
may be achieved through self-sufficiency (i.e. ensuring adequate food
supplies from domestic production), through self-reliance (i.e. ensuring
adequate food supplies through a combination of domestic production and
importation), or through pure importation.

51. Foreshore Land — a string of land margining a body of water; the part of a
seashore between the low-water line usually at the seaward margin of a
low tide terrace and the upper limit of wave wash at high tide usually
marked by a beach scarp or berm.

52. Fully-developed Fishpond Area — a clean leveled area enclosed by dikes,

at least one foot higher than the highest floodwater level in the locality and
strong enough to resist pressure at the highest flood tide; consists of at
least a nursery pond, a transition pond, a rearing pond or a combination of
any or all said classes of ponds, and a functional water control system and
producing in a commercial scale.

53. Gross Tonnage — includes the underdeck tonnage, permanently enclosed

spaces above the tonnage deck, except for certain exemptions. In broad
terms, all the vessel’s ‘closed-in’ spaces expressed in volume terms on the
bases of one hundred cubic feet (that equals one gross ton).

54. 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.

55. Illegal Fishing – means fishing activities conducted by Philippine fishing

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

56. Inland Fishery — the freshwater fishery and brackishwater fishponds.

57. Lake — an inland body of water, an expanded part of a river, a reservoir

formed by a dam, or a lake basin intermittently or formerly covered by
water.

58. Limited Access — a fishery policy by which a system of equitable resource

and allocation is established by law through fishery rights granting and
licensing procedure as provided by this Code.
59. Mangroves — a community of intertidal plants including all species of
trees, shrubs, vines and herbs found on coasts, swamps, or border of
swamps.

60. Marine Protected Area – means a defined area of the sea established and
set aside by law, administrative regulation, or any other effective means in
order to conserve and protect a part of or the entire enclosed environment
through the establishment of management guidelines. It is considered a
generic term that includes all declared areas governed by specific rules or
guidelines in order to protect and manage activities within the enclosed
area.

61. Maximum Sustainable Yield (MSY) — is the largest average quantity of

fish that can be harvested from a fish stocks/resource within a period of
time (e.g. one year) on a sustainable basis under existing environmental
conditions.

62. Migratory species — refers to any fishery species which in the course of
their life could travel from freshwater to marine water or vice versa, or any
marine species which travel over great distances in waters of the ocean as
part of their behavioral adaptation for survival and speciation:

(a)          Anadromous species — marine fishes which migrate to freshwater

areas to spawn;

(b)          Catadromous species — freshwater fishes which migrate to marine

areas to spawn.

63. Monitoring, control and surveillance —

a.            Monitoring — the requirement of continuously observing: (1) fishing

effort which can be expressed by the number of days or hours of fishing, number
of fishing gears and number of fisherfolk; (2) characteristics of fishery resources;
and (3) resource yields (catch);

b.            Control — the regulatory conditions (legal framework) under which the
exploitation, utilization and disposition of the resources may be conducted; and

c.             Surveillance — the degree and types of observations required to

maintain compliance with regulations.

64. Municipal fisherfolk — persons who are directly or indirectly engaged in

municipal fishing and other related fishing activities.
65. 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.

66. 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.

67. Non-governmental organization (NGO) — an agency, institution, a

foundation or a group of persons whose purpose is to assist peoples
organizations/associations in various ways including, but not limited to,
organizing, education, training, research and/or resource accessing.

68. Payao — a fish aggregating device consisting of a loating raft anchored by

a weighted line with suspended materials such as palm fronds to attract
pelagic and schooling species common in deep waters.

69. Pearl Farm Lease — public waters leased for the purpose of producing
cultured pearls.

70. People’s Organization — a bona fide association of citizens with

demonstrated capacity to promote the public interest and with identifiable
leadership, membership and structure. Its members belong to a sector/s
who voluntarily band themselves together to work for and by themselves
for their own upliftment, development and greater good.

71. Person — natural or juridical entities such as individuals, associations,

partnership, cooperatives or corporations.

72. 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.

73. Port State Measures – refers to the requirements established or

interventions undertaken by port states, which a Philippine flagged or
foreign fishing vessel must comply with as a condition for the use of ports
within the port state.

74. Post-harvest facilities — these facilities include, but are not limited to,
fishport, fishlanding, ice plants and cold storages, fish processing plants.

75. Purse Seine — a form of encircling net having a line at the bottom passing
through rings attached to the net, which can be drawn or pursed. In
general, the net is set from a boat or pair of boats around the school of
fish. The bottom of the net is pulled closed with the purse line. The net is
then pulled aboard the fishing boat or boats until the fish are concentrated
in the bunt or fish bag.

76. 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.

77. Regional Fisheries Management Organization (RFMO) – means a multi-

lateral organization with responsibility to coordinate management and
establish conservation and management measures for highly migratory
fish stocks, fish stocks that straddle national fisheries management
boundaries and other high seas species.

78. Resource Rent — the difference between the value of the products
produced from harvesting a publicly owned resource less the cost of
producing it, where cost includes the normal return to capital and normal
return to labor.

79. Sea farming — the stocking of natural or hatchery-produced marine plants

or animals, under controlled conditions, for purposes of rearing and
harvesting, but not limited to commercially-important fishes, mollusks
(such as pearl and giant clam culture), including seaweeds and
seagrasses.

80. Sea ranching — the release of the young of fishery species reared in
hatcheries and nurseries into natural bodies of water for subsequent
 harvest at maturity or the manipulation of fishery habitat, to encourage the
growth of the wild stocks.

81. Secretary — the Secretary of the Department of Agriculture.

82. Serious Violation – means any of the following violations of the provisions
of this Code:

(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.

83. Superlight – also called magic light, refers to a type of light using halogen
or metal halide bulb which may be located above the sea surface or
submerged in the water. It consists of a ballast, regulator, electric cable
and socket. The source of energy comes from a generator, battery or
dynamo coupled with the main engine.

84. 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 or group of fishery species, or a combination of area and species
and normally would not exceed the MSY.
 85. Transhipment – refers to the transfer of all or any fish or fishery product
from one fishing vessel to another.

86. Trawl — an active fishing gear consisting of a bag shaped net with or
without otter boards to open its opening which is dragged or towed along
the bottom or through the water column to take fishery species by straining
them from the water, including all variations and modifications of trawls
(bottom, mid-water, and baby trawls) and tow nets.

87. 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 measures.

88. 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.

CHAPTER II
Utilization, Management, Development, Conservation and Allocation System of
Fisheries and Aquatic Resources

Section 5. Use of Philippine Waters. - The use and exploitation of the fishery and
aquatic resources in Philippine waters shall be reserved exclusively to Filipinos:
Provided, however, That research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and educational purposes that
would also benefit Filipino citizens.

SEC. 6. Fees and Other Fishery Charges. – The rentals for fishpond areas covered by
the Fishpond Lease Agreement (FLA) or other tenurial instrument and license fees for
Commercial Fishing Vessel Licenses (CFVL) shall be set at levels that reflect resource
rent accruing from the utilization of resources and shall be determined by the
Department: Provided, That the Department shall also prescribe fees and other fishery
charges and issue the corresponding license or permit for fishing gear, fishing
accessories and other fishery activities beyond the municipal waters: Provided,
further, That the license fees of fishery activity in municipal waters shall be determined
by the Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs
may also recommend the appropriate license fees that will be imposed.

SEC. 7. Access to Fishery Resources. – The Department shall issue such number of
licenses and permits for the conduct of fishery activities subject to harvest control rules
and reference points as determined by scientific studies or best available evidence.
Preference shall be given to resource users in the local communities adjacent or
nearest to the municipal waters.

SEC.8. Harvest Control Rules and Reference Points. – The Secretary may establish
reference points and harvest control rules in a fishery management area or for a
fishery: Provided, however, That in municipal waters and fishery management areas,
and waters under the jurisdiction of special agencies, Harvest Control Rules and
Reference Points may be established upon the concurrence and approval or
recommendation of such special agency and the concerned LGU in consultation with
the FARMC for conservation or ecological purposes.

Section 9. Establishment of Closed Season. - The Secretary may declare, through

public notice in at least two (2) newspapers of general circulation or in public service
announcements, whichever is applicable, at least five (5) days before the declaration, a
closed season in any or all Philippine waters outside the boundary of municipal waters
and in bays, for conservation and ecological purposes. The Secretary may include
waters under the jurisdiction of special agencies, municipal waters and bays, and/or
other areas reserved for the use of the municipal fisherfolk in the area to be covered by
the closed season: Provided, however, That this shall be done only upon the
concurrence and approval or recommendation of such special agency and the
concerned LGU and FARMC: Provided, further, That in municipal waters, fishery
management areas and other areas reserved for the use of the municipal fisherfolk,
closed season may be established by the concerned LGU in consultation with the
FARMC for conservation or ecological purposes. The FARMCs may also recommend
the establishment of closed seasons in municipal waters, fisheries management and
other areas reserved for the use of the municipal fisherfolk.

Section 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk,

crustacean or aquatic plants shall be introduced in Philippine waters without a sound
ecological, biological and environmental justification based on scientific studies subject
to the bio-safety standard as provided for by existing laws: Provided, however, That the
Department may approve the introduction of foreign aquatic species for
scientific/research purposes.

Section 11. Protection of Rare, Threatened and Endangered Species. - The

Department shall declare closed seasons and take conservation and rehabilitation
measures for rare, threatened and endangered species, as it may determine, and shall
ban the fishing and/or taking of rare, threatened and/or endangered species, including
their eggs/offspring as identified by existing laws in concurrence with concerned
government agencies.

Section 12. Environmental Impact Statement (EIS). - All government agencies as

well as private corporations, firms and entities who intend to undertake activities or
projects which will affect the quality of the environment shall be required to prepare a
detailed Environmental Impact Statement (EIS) prior to undertaking such development
activity. The preparation of the EIS shall form an integral part of the entire planning
process pursuant to the provisions of Presidential Decree No. 1586 as well as its
implementing rules and regulations.

Section 13. Environmental Compliance Certificate (ECC). - All Environmental Impact

Statements (EIS) shall be submitted to the Department of Environment and Natural
Resources (DENR) for review and evaluation. No person, natural or juridical, shall
undertake any development project without first securing an Environmental Compliance
Certificate (ECC) from the Secretary of the DENR.

SEC. 14. Monitoring, Control and Surveillance (MCS) of Fishing in all Philippine Waters
and Philippine Flagged Distant Water Fishing Vessels. – A monitoring, control and
surveillance system shall be established by the Department in coordination with LGUs,
FARMCs, the private sector and other agencies concerned to ensure that the fisheries
and aquatic resources in Philippine waters are judiciously and wisely utilized and
managed on a sustainable basis and conserved for the benefit and enjoyment
exclusively of Filipino citizens. The MCS system shall encompass all Philippine flagged
fishing vessels regardless of fishing area and final destination of catch.

Section 15. Auxiliary Invoices. - All fish and fishery products must have an auxiliary
invoice to be issued by the LGUs or their duly authorized representatives prior to their
transport from their point of origin to their point of destination in the Philippines and/or
export purposes upon payment of a fee to be determined by the LGUs to defray
administrative costs therefor.

ARTICLE I
MUNICIPAL FISHERIES

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city

government shall have jurisdiction over municipal waters as defined in this Code. The
municipal/city government, in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization, and disposition of all
fish and fishery/aquatic resources within their respective municipal waters.

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 ordinances enacted by the municipal/city council.

The management of contiguous fishery resources such as bays which straddle several
municipalities, cities or provinces, shall be done in an integrated manner, and shall not
be based on political subdivisions of municipal waters in order to facilitate their
management as single resource systems. 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 the
management of contiguous resources.

Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered

fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights
by the 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 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 defined in this Code, shall be utilized by municipal fisherfolk and their
cooperatives/organizations who are listed as such in the registry of municipal fisherfolk.

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 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 this Code.

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 monitoring fishing activities an/or other related purposes: Provided, That the
FARMC shall submit to the LGU the list of priorities for its consideration.

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 recommend such mechanisms.

The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and
other boat particulars with the assistance of the FARMC.

Section 20. Fisherfolk Organizations and/or Cooperatives. - Fisherfolk

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 farming: Provided, however, That an organization/cooperative
member whose household is already in possession of a fishery right other than for fish
capture cannot enjoy the fishing rights granted to the organization or cooperative.

Section 21. Priority of Resident Municipal Fisherfolk. - 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.

Section 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated
fishery rights to fishery organizations/cooperatives for mariculture operation in specific
areas identified by the Department.

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.

ARTICLE II
COMMERCIAL FISHERIES

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 educational purposes, or engage in any fishery activity, or seek
employment as a fishworker 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 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 said vessel operates: Provided, further, That 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 shall be valid for a period to be determined by the
Department.
Section 28. Commercial Fishing Vessel Registration. - The registration,
documentation, inspection and manning of the operation of all types of fishing vessels
plying Philippine waters shall be in accordance with laws, rules and regulations.

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 provision within sixty (60) days from approval of
this Code.

SEC. 30. Renewal of Commercial Fishing Vessel License. – The commercial fishing

vessel license shall be renewed every three (3) years.

The owner/operator of a fishing vessel has a period of sixty (60) days prior to the
expiration of the license within which to renew the same.

SEC. 31. Transfer of Ownership. – The owner/operator of a registered fishing vessel

shall notify the Department in writing of any intention to transfer the ownership of the
vessel within ten (10) days before its intended transfer to another person. Failure of the
owner to do so shall not extinguish any existing or pending sanction or liability with
respect to said fishing vessel.

SEC. 32. Distant Water Fishing. – Fishing vessels of Philippine registry may engage in
distant water fishing as defined in this Code: 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
a fishing permit, gear license and other clearances 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 the Philippines: Provided,
furthermore, That landing ports established by canneries, seafood processors and all
fish landing sites established prior to the effectivity 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
Economic Zone are not considered as overseas Filipino workers.

Distant water fishing vessels shall comply with the monitoring, control and surveillance
requirements, conservation and management measures, and fishing access conditions
of the Department, the RFMO, or other coastal states.

SEC. 33. Importation, Construction of New Fishing Vessels and Gears and Conversion
of Other Vessels. – Prior to the importation or the construction of new fishing vessels or
gears, or the conversion into a fishing vessel, the approval/clearance of the Department
must first be obtained in order to manage fishing capacity.
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 limited to, the following:

(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 enhancing our fisherfolk competitiveness by
reducing post-harvest losses. Qualified projects shall include, but shall not be
limited to, ice plants, cold storage, canning, warehouse, transport and other
related infrastructure projects and facilities; and

(b) the Department shall undertake the following programs:

1. a capability-building program for targeted parties shall be developed by

the Department to 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 this Code; and

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 incentives shall be granted subject to exhaustive
evaluation of resource and exploitation 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 and/or improvement of fishing vessels and equipment;

(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.

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 Philippine Merchant Marine rules and regulations.

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 National Red Cross.

SEC. 38. Reportorial Requirements. – Each commercial fishing vessel shall keep a daily record
offish catch and spoilage, landing points, and quantity and value of fish caught, and off-loaded
for transhipment, sale and/ or other disposal. Detailed information shall be duly certified by the
vessel’s captain and transmitted to BFAR within the period prescribed in the implementing rules
and regulations promulgated by the Department. Failure to comply shall result to administrative
and penal sanctions.

Section 39. Report of Meteorological and Other Data. - All vessels and crafts
passing navigational lanes or engaged in fisheries activity shall be required to contribute
to meteorological and other data, and shall assist the Department in documentation or
reporting of information vital to navigation and the fishing industry.

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 activity shall be made at designated navigational lanes.

SEC. 42. Port State Measures. – The Department is authorized to adopt port state
measures that must be complied with by foreign fishing vessels. These measures shall
include: prior notification of port entry; use of designated ports; restrictions on port entry
and landing or transhipment of fish; restrictions on supplies and services; catch and
other documentation requirements; port inspections; and other related measures.

Transhipment by Philippine Flagged Fishing Vessels shall be regulated by the

Department in a manner consistent with the Philippines’ commitment to conventions
and international agreements.

Section 43. Operation of Radio Communication Facilities on Board Fishing

Vessels. - The Department shall promulgate guidelines in the operation of radio
communication facilities on board fishing vessels and the assignment of radio
frequencies specific and distinct to area of operation in coordination with the National
Telecommunications Commission.

SEC. 44. Use of Superlight or Fishing Light Attractor. – The number and candle light power or
intensity of superlight and fishing light attractor used in commercial fishing vessels shall be
regulated by the Department: Provided, That the use of superlight is banned within municipal
waters and bays. The use of fishing light attractor in municipal waters shall be regulated by the
local government units.

ARTICLE III
AQUACULTURE

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 may be declared available for fishpond development
primarily to qualified fisherfolk 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 Filipino citizen with preference,
primarily to qualified fisherfolk cooperatives/associations as 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
purposes: Provided, finally, That two (2) years after the approval of this Act, no fish
pens or fish cages or fish traps shall be allowed in lakes.

Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk

organizations/cooperatives 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;

(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.

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 international organizations
in the formulation of the code of practice.

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 standards and to promote sustainable management practices.

Section 49. Reversion of All Abandoned, Undeveloped or Underutilized

Fishponds. - The DENR, in coordination with the Department, LGUs, other concerned
agencies and FARMCs shall determine which abandoned, underdeveloped or
underutilized fishponds covered by FLAs 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 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 having jurisdiction over the area.

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 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 Corporation for losses caused by force majeure and fortuitous events.

Section 55. Non-Obstruction to Navigation. - Nothing in the foregoing sections shall

be 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 immediate
dismantling of existing obstruction to navigation.

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 the recommendation of the FARMCs.
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 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.

ARTICLE IV
POST-HARVEST FACILITIES, ACTIVITIES AND TRADES

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 account among others, the following:

(a) detailed and clear guidelines on the distribution, construction, maintenance

and use of post-harvest infrastructure facilities;

(b) extension of credit and incentives for post-harvest operations;

(c) promotion and strengthening of semi-processing, processing and handling;

(d) development of domestic fishmeal industry;

(e) development of fisheries ship-building and repair as a viable industry;

(f) development and strengthening of marketing facilities and activities, including

the pricing system, with emphasis on collective marketing and the elimination of
middlemen;

(g) increased participation of cooperatives and non-governmental organizations

in post-harvest operations and ancillary industries; and

(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 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 minimum standards for such facilities in
consultation with the Department.

Section 61. Importation and Exportation of Fishery Products. -

(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 those which are hatched or propagated in
accredited hatcheries and ponds;

(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 within the provisions
of Section 61(d) of this Code; and

(d) No person, shall import and/or export fishery products of whatever size, stage
or form for any purpose without securing a permit from the Department.

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 export/import simplification procedures.

SEC. 62. Trade-Related Measures. – Standards for weights, volume, quality and other
measurements for all fishery transactions and trade shall be set by the Department.

All fish and fishery products for export, import and domestic consumption shall meet the
quality grades/ standards and labeling and information requirements as determined by
the Department.

The LGU concerned shall, by appropriate ordinance, penalize fraudulent practices and
unlawful possession or use of instrument of weights and measures.

The Department may prescribe trade-related measures to reduce or eliminate trade in

fish and fishery products derived from illegal, unregulated and unreported (IUU) fishing.
CHAPTER III
Reconstitution of The Bureau of Fisheries and Aquatic Resources and Creation of
Fisheries and Aquatic Resources Management Councils

ARTICLE I
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES

Section 63. Creation of the Position of Undersecretary for Fisheries and Aquatic

Resources. - There is hereby created in the Department of Agriculture the position of
Undersecretary for Fisheries and Aquatic Resources, solely for the purpose of attending
to the needs of the fishing industry, to be appointed by the President. Such
Undersecretary shall have the following functions:

(a) set policies and formulate standards for the effective, efficient and economical
operations of the fishing industry in accordance with the programs of the
government;

(b) exercise overall supervision over all functions and activities of all offices and
instrumentalities and other offices related to fisheries including its officers;

(c) establish, with the assistance of the director, such regional, provincial and
other fishery officers as may be necessary and appropriate and organize the
internal structure of BFAR in such manner as is necessary for the efficient and
effective attainment of its objectives and purposes; and

(d) perform such other functions as may be necessary or proper to attain the
objectives of this Code.

Section 64. Reconstitution of the BFAR. - The Bureau of Fisheries and Aquatic

Resources (BFAR) is hereby reconstituted as a line bureau under the Department of
Agriculture.

SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources. – As a line
bureau, the BFAR shall have the following functions:

(a) prepare and implement a Comprehensive National Fisheries Industry

Development Plan;

(b) issue licenses for the operation of commercial fishing vessels;

(c) issue identification cards free of charge to fishworkers engaged in commercial

fishing;

(d) monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure that
such agreements are not contrary to Philippine commitment under international
treaties and convention on fishing in the high seas;

(e) formulate and implement a Comprehensive Fishery Research and

Development Program, such as, but not limited to, sea farming, sea ranching,
tropical/ornamental fish and seaweed culture, aimed at increasing resource
productivity, improving resource use efficiency, and ensuring the long-term
sustainability of the country's fishery and aquatic resources;

(f) establish and maintain a Comprehensive Fishery Information System;

(g) provide extensive development support services in all aspects of fisheries

production, processing and marketing;

(h) provide advisory services and technical assistance on the improvement of

quality of fish from the time it is caught (i.e. on board fishing vessel, at landing
areas, fish markets, to the processing plants and to the distribution and
marketing chain);

(i) coordinate efforts relating to fishery production undertaken by the primary

fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;

(j) advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;

(k) establish a corps of specialists in collaboration with the Department of

National Defense, Department of the Interior and Local Government, Department
of Foreign Affairs for the efficient monitoring, control and surveillance of fishing
activities within Philippine territorial waters and provide the necessary facilities,
equipment and training therefor;

(l) implement an inspection system for import and export of fishery/aquatic

products and fish processing establishments, consistent with international
standards to ensure product quality and safety;

(m) coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities
to enable women to engage in other fisheries/economic activities and contribute
significantly to development efforts;

(n) enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters,
and to settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

(o) develop value-added fishery-products for domestic consumption and export;

(p) recommend measures for the protection/enhancement of the fishery
industries;

(q) assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery resources;

(r) formulate and implement rules and regulations for the conservation and
management of straddling fish stocks, highly migratory fish stocks and
threatened living marine resources such as sharks, rays and ludong, inter alia, in
the Philippine Exclusive Economic Zone, territorial sea, archipelagic and internal
waters, in coordination with LGUs and integrated/municipal/city Fisheries and
Aquatic Resources Management Councils;

(s) train, designate and deploy fisheries observers in Philippine flagged fishing
vessels engaged in commercial fishing in Philippine waters or distant water
fishing to ensure compliance with conservation and management measures
adopted by RFMOS and by the Department;

(t) implement boarding and inspection protocols upon Philippine flagged fishing
vessels in order to promote observance to international treaty obligations on food
safety, to curb illegal, unreported and unregulated fishing, and to comply with
conservation and management measures;

(u) adopt an appropriate monitoring, control, surveillance and traceability system

for municipal fishing vessels supplying exporters with concurrence of the local
government units;

(v) adopt and implement a national plan of action to manage fishing capacity,
implement the international code of conduct for responsible fisheries, and declare
fishery management areas as over-exploited in coordination with the LGUs and
FARMCs;

(w) require performance bonds and impose and collect reasonable fees and
charges for laboratory services, inspection, deployment of fisheries observers,
and catch documentation and validation, taking into account the balance required
between recovering the costs of services rendered and the socioeconomic
impact of their imposition, upon prior consultation with stakeholders;

(x) hear and decide administrative cases before it;

(y) determine the appropriate levels of administrative and other sanctions,

particularly for serious violations, that deprive offenders of economic benefits
from their violations of the laws, rules and regulations;

(z) initiate the criminal prosecution of offenses committed in violation of this Code
regardless of their situs; and
 (aa) perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic
resources.

Section 66. Composition of BFAR. - As a line bureau, the BFAR shall be headed by a

Director and assisted by two (2) Assistant Directors who shall supervise the
administrative and technical services of the bureau respectively. It shall establish
regional, provincial and municipal offices as may be appropriate and necessary to carry
out effectively and efficiently the provisions of this Code.

Section 67. Fisheries Inspection and Quarantine Service. - For purposes of

monitoring and regulating the importation and exportation of fish and fishery/aquatic
resources, the Fisheries Inspection and Quarantine Service in the BFAR is hereby
strengthened and shall have the following functions:

(a) conduct fisheries quarantine and quality inspection of all fish and
fishery/aquatic products coming into and going out of the country by air or water
transport, to detect the presence of fish pest and diseases and if found to harbor
fish pests or diseases shall be confiscated and disposed of in accordance with
environmental standards and practices;

(b) implement international agreements/commitments on bio-safety and bio-

diversity as well as prevent the movement or trade of endemic fishery and
aquatic resources to ensure that the same are not taken out of the country;

(c) quarantine such aquatic animals and other fishery products determined or
suspected to be with fishery pests and diseases and prevent the movement or
trade from and/or into the country of these products so prohibited or regulated
under existing laws, rules and regulations as well as international agreements of
which the Philippines is a State Party;

(d) examine all fish and fishery products coming into or going out of the country
which may be a source or medium of fish pests or diseases and/or regulated by
existing fishery regulations and ensure that the quality of fish import and export
meet international standards; and

(e) document and authorize the movement or trade of fish and fishery products
when found free of fish pests or diseases and collect necessary fees prescribed
by law and regulations.

ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
(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 municipal waters and bays.

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.

Section 70. Creation and Composition of the National Fisheries and Aquatic

Resources Management Council (NFARMC). - There is hereby created a National
Fisheries and Aquatic Resources Management Council hereinafter referred to as
NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall
be composed of fifteen (15) members consisting of:

(a) the Undersecretary of Agriculture, as Chairman;

(b) the Undersecretary of the Interior and Local Government;

(c) five (5) members representing the fisherfolk and fishworkers;

(d) five (5) members representing commercial fishing and aquaculture operators
and the processing sectors;

(e) two (2) members from the academe; and

(f) one (1) representative of NGOs involved in fisheries.

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 the nomination of their respective organizations.

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 of three (3) years without reappointment.

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

(c) perform such other functions as may be provided by law.

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 Resources Management Councils (LFARMCs)
whenever necessary. Such BFARMCs and LFARMCs shall serve in an advisory
capacity to the LGUs.

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 the Municipal Development Council;

(b) recommend the enactment of municipal fishery ordinances to the

sangguniang bayan/sangguniang panlungsod through its Committee on
Fisheries;

(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 Fisheries, if such has been organized; and

(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:

(a) Municipal/City Planning Development Officer;

(b) Chairperson, Agriculture/Fishery Committee of the Sangguniang

Bayan/Panlungsod;

(c) representative of the Municipal/City Development Council;

(d) representative from the accredited non-government organization;

(e) representative from the private sector;

 (f) representative from the Department of Agriculture; and

(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 representative from youth and women sector.

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 the concerned Municipal Development Councils;

(b) recommend the enactment of integrated fishery ordinances to the concerned

sangguniang bayan/panlungsod through its Committee on Fisheries, if such has
been organized;

(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 Committee on Fisheries, if such has been organized; and

(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 composed of the following:

(a) the chairperson of the Committee on Agriculture/Fisheries of the concerned

sangguniang bayan/panlungsod;

(b) the Municipal/City Fisheries Officers of the concerned municipalities/cities;

(c) the Municipal/City Development Officers of the concerned

municipalities/cities;

(d) one (1) representative from NGO;

(e) one (1) representative from private sector; and

 (f) at least nine (9) representatives from the fisherfolk sector which include
representatives from the youth and women sector.

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 annual budgetary appropriations.

CHAPTER IV
Fishery Reserves, Refuge and Sanctuaries

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, agencies or instrumentalities, for propagation,
educational, research and scientific purposes: 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 and special management purposes.

Section 81. Fish Refuge and Sanctuaries. - The Department may establish fish
refuge and sanctuaries to be administered in the manner to be prescribed by the BFAR
at least twenty-five 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 proclaimed by
the President or legislated by the Congress of the Philippines shall be 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 in consultation with the concerned
FARMCs.

CHAPTER V
Fisheries Research and Development
Section 82. Creation of a National Fisheries Research and Development Institute
(NFRDI). - In recognition of the important role of fisheries research in the development,
management, conservation and protection of the country's fisheries and aquatic
resources, there is hereby created a National Fisheries Research and Development
Institute (NFRDI).

The Institute shall form part of the National Research and Development Network of the
Department of Science and Technology (DOST).

The Institute, which shall be attached to the Department shall serve as the primary
research arm of the BFAR. The overall governance of the Institute shall be vested in the
Governing Board which shall formulate policy guidelines for its operation. The plans,
programs and operational budget shall be passed by the Board. The Board may create
such committees as it may deem necessary for the proper and effective performance of
its functions. The composition of the Governing Board shall be as follows:

(a) Undersecretary for Fisheries - Chairman

(b) BFAR Director - Vice Chairman

(c) NFRDI Executive Director - Member

(d) PCAMRD Executive Director - Member

(e) Representative from the academe - Member

(f) four (4) representatives from the private sector who shall come from the
following subsectors: - Members

 Municipal Fisherfolk
 Commercial Fishing Operator
 Aquaculture Operator
 Post-Harvest/Processor

The NFRDI shall have a separate budget specific to its manpower requirements and
operations to ensure the independent and objective implementation of its research
activities.

Section 83. Qualification Standard. - The Institute shall be headed by an Executive

Director to be appointed by the President of the Philippines upon the recommendation
of the governing board. The Executive Director shall hold a Doctorate degree in
fisheries and/or other related disciplines. The organizational structure and staffing
pattern shall be approved by the Department: Provided, however, That the staffing
pattern and remunerations for scientific and technical staff shall be based on the
qualification standards for science and technology personnel.
Section 84. Research and Development Objectives. - Researches to be done by the
NFRDI are expected to result in the following:

(a) To raise the income of the fisherfolk and to elevate the Philippines among the
top five (5) in the world ranking in the fish productions;

(b) to make the country's fishing industry in the high seas competitive;

(c) to conduct social research on fisherfolk families for a better understanding of

their conditions and needs; and

(d) to coordinate with the fisheries schools, LGUs and private sectors regarding
the maximum utilization of available technology, including the transfer of such
technology to the industry particularly the fisherfolk.

Section 85. Functions of the NFRDI . - As a national institute, the NFRDI shall have
the following functions:

(a) establish a national infrastructure unit complete with technologically-advanced

features and modern scientific equipment, which shall facilitate, monitor, and
implement various research needs and activities of the fisheries sector;

(b) provide a venue for intensive training and development of human resources in
the field of fisheries, a repository of all fisheries researches and scientific
information;

(c) provide intensive training and development of human resources in the field of
fisheries for the maximum utilization of available technology;

(d) hasten the realization of the economic potential of the fisheries sector by
maximizing developmental research efforts in accordance with the requirements
of the national fisheries conservations and development programs, also possibly
through collaborative effort with international institutions; and

(e) formally establish, strengthen and expand the network of fisheries-

researching communities through effective communication linkages nationwide.

CHAPTER VI

PROHIBITIONS AND PENALTIES

SEC. 86. Unauthorized Fishing. – (a) It shall be unlawful for any person to capture or
gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery
species or fishery products without license or permit from the Department or LGU.
Except in cases specified under this Code, it shall also be unlawful for any commercial
fishing vessel to fish in municipal waters.

The discovery of any person in possession of a fishing gear or operating a fishing

vessel in a fishing area where he has no license or permit shall constitute & prima
facie presumption that the person is engaged in unauthorized fishing: Provided, That
fishing for daily food sustenance or for leisure which is not for commercial, occupation
or livelihood purposes may be allowed.

Upon a summary finding of administrative liability, the boat captain and the three (3)
highest officers of the commercial fishing vessel and the owner or operator who violate
this provision shall be penalized with confiscation of catch and gear, and an
administrative fine of five (5) times the value of the catch or the amount indicated below,
whichever is higher:

(1) Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00)
for small-scale commercial fishing;

(2) One hundred fifty thousand pesos (P150,000.00) to Five hundred thousand pesos
(P500,000.00) for medium-scale commercial fishing; and

(3) One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) for large-
scale commercial fishing.

Upon conviction by a court of law, the boat captain and the three (3) highest officers of
the commercial fishing vessel shall suffer the penalty of imprisonment of six (6) months
and confiscation of catch and gear and twice the amount of the administrative fine.

(b) It shall be unlawful for any person not listed in the registry of municipal fisherfolk to
engage in any commercial fishing activity in municipal waters.

Upon a summary finding of administrative liability, the offender of this provision shall be
punished with an administrative fine equivalent to twice the value of catch or Five
thousand pesos (P5,000.00), whichever is higher, and confiscation of the catch and
fishing gear: Provided, That if the offender fails to pay the fine, he shall render
community service.

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

The discovery of any person engaging in any of the above activities without a lease,
license or permit shall constitute & prima facie presumption that the person is engaged
in unauthorized fisheries activity.
Upon a summary finding of administrative liability, the offender shall be penalized with
an administrative fine of Five hundred thousand pesos (P500,000.00) to One million
pesos (P1,000,000.00), the dismantling or removal of the structure at the expense of the
offender, the rehabilitation of the area affected by the activity and confiscation of stocks.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
of six (6) months, a fine equivalent to twice the amount of the administrative fine, the
dismantling or removal of the structure at the expense of the offender, the rehabilitation
of the area affected by the activity and confiscation of stocks.

SEC. 88. Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing. –
(a) It shall be unlawful for any person to fish in the high seas, in the territorial seas,
archipelagic waters, and Exclusive Economic Zones of other states using a Philippine
flagged fishing vessel without first securing a fishing permit from the Department and
authorization from the coastal state.

The discovery of any person in possession of a fishing gear or operating a fishing

vessel in the abovementioned areas without a fishing permit from the Department or
authorization from the coastal state shall constitute a prima facie presumption that the
person is in violation of this provision.

(b) 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.

Upon a summary finding of administrative liability, the owner, operator, and the three (3)
highest officers of the commercial fishing vessel who violate this section, shall be
punished with confiscation of the catch and gear and an administrative fine equivalent to
five (5) times the value of the catch or the amount indicated below, whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-
scale commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00)

for large-scale commercial fishing vessels less than seven hundred fifty (750) gross
tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos
(P45,000,000.00) for large-scale commercial fishing vessels seven hundred fifty (750)
gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial
fishing vessel shall suffer the penalty of imprisonment of six (6) months and a fine
equivalent to twice the amount of the administrative fine, and confiscation of catch and
gear.
SEC. 89. Unreported Fishing. – It shall be unlawful for any person to engage in
unreported fishing or to fail to comply with the reportorial requirements in Section 38 of
this Code.

Upon a summary finding of administrative liability, the owner or operator of the

municipal or commercial fishing vessel and the three (3) highest officers of the
commercial fishing vessel who commit unreported fishing within waters of national
jurisdiction shall be punished by an administrative fine equivalent to the value of the
catch or the amount indicated below, whichever is higher:

(1) Five thousand pesos (P5,000.00) for municipal fishing: Provided, That if the offender
fails to pay the fine, he shall render community service;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing;
and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.

In case of unreported fishing committed in waters beyond national jurisdiction, the

owner, operator, and the three (3) highest officers of the commercial fishing vessel shall
be penalized with an administrative fine equivalent to five (5) times the value of the
catch or the amount indicated below, whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-
scale commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00)

for large-scale commercial fishing vessels less than seven hundred fifty (750) gross
tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos
(P45,000,000.00) for large-scale commercial fishing vessels seven hundred fifty (750)
gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial
fishing vessel shall suffer the penalty of imprisonment of six (6) months and a fine
equivalent to twice the amount of the administrative fine, and confiscation of catch and
gear.

SEC. 90. Unregulated Fishing. – It shall be unlawful for any person to engage in

unregulated fishing in waters within and beyond national jurisdiction.
Upon a summary finding of administrative liability, the owner, operator, of the municipal
or commercial fishing vessel and the three (3) highest officers of the commercial fishing
vessel who commit unregulated fishing within waters of national jurisdiction shall be
punished by confiscation of catch and gear and an administrative fine equivalent to the
value of the catch or amount indicated below, whichever is higher:

(1) Five thousand pesos (P5,000.00)) for municipal fishing: Provided, That if the

offender fails to pay the fine, he shall render community service;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing;
and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.

In case of unregulated fishing committed in waters beyond national jurisdiction, the

owner, operator, and the three (3) highest officers of the commercial fishing vessel shall
be penalized with confiscation of catch and gear, and an administrative fine equivalent
to five (5) times the value of the catch or the amount indicated below, whichever is
higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-
scale commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00)

for large-scale commercial fishing vessels less than seven hundred fifty (750) gross
tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos
(P45;000,000.00) for large-scale commercial fishing vessels seven hundred fifty (750)
gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial
fishing vessel shall suffer the penalty of imprisonment of six (6) months and a fine
equivalent to twice the amount of the administrative fines, confiscation of catch and
gear.

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

The entry of any foreign fishing vessel in Philippine waters shall constitute a prima
facie presumption that the vessel is engaged in fishing in Philippine waters.
Upon a summary finding of administrative liability, any foreign person, corporation or
entity in violation of this section shall be punished by an administrative fine of Six
hundred thousand US dollars (US$600,000.00) to One million US dollars
(US$1,000,000.00) or its equivalent in Philippine currency.

Upon conviction by a court of law, the offender shall be punished with a fine of One
million two hundred thousand US dollars (US$1,200,000.00), or its equivalent in
Philippine currency, and confiscation of catch, fishing equipment and fishing vessel.

If the offender is caught within internal waters, an additional penalty of imprisonment of

six (6) months and one (1) day to two (2) years and two (2) months shall be imposed. If
apprehended for the second time within internal waters, the offender shall be punished
with imprisonment of three (3) years and a fine of Two million four hundred thousand
US dollars (US$2,400,000.00) or its equivalent in Philippine currency: Provided, That no
foreign person shall be deported without the payment of the imposed judicial and/or
administrative fines and service of sentence, if any.

SEC. 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity.

– (a) It shall be unlawful for any person to catch, take or gather or cause to be caught,
taken or gathered fish or any fishery species in Philippine waters with the use of
explosives, noxious or poisonous substance such as sodium cyanide, which will kill,
stupefy, disable or render unconscious fish or fishery species: 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.

The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, or equipment or device for
electrofishing in any fishing vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute a prima facie presumption that any of
these devices was used for fishing in violation of this Code.

The discovery in any fishing vessel of fish caught or killed with the use of explosives,
noxious or poisonous substances, or by electricity shall constitute a prima
facie presumption that the fisherfolk, operator, boat official or fishworker is fishing with
the use thereof.

Upon a summary finding of administrative liability, any person found liable for the actual
use of explosives, noxious or poisonous substances shall be punished with confiscation
of catch including those not caught illegally if co-mingled with those caught illegally,
gear, explosives and noxious or poisonous substances, or electrofishing devices and
paraphernalia and gear, and an administrative fine equivalent to five (5) times the value
of the catch or the amount of fine indicated below whichever is higher:

(1) Thirty thousand pesos (P30,000.00) for municipal fishing;

(2) Three hundred thousand pesos (P300,000.00) for small-scale commercial fishing;

(3) One million five hundred thousand pesos (P1,500,000.00) for medium scale
commercial fishing; and

(4) Three million pesos (P3,000,000.00) for large scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment
from five (5) to ten (10) years, confiscation of catch, including those not caught illegally
if co-mingled with those caught illegally, gear, explosives and noxious or poisonous
substances, or electrofishing devices and paraphernalia, gear, and a fine equivalent to
twice the amount of the administrative fine, without prejudice to the filing of separate
criminal cases when the use of the same result to physical injury or loss of human life.

The actual use of electrofishing devices for illegal fishing shall be punished with
imprisonment of six (6) months and a fine of Five thousand pesos (P5,000.00).

(b) It shall be unlawful for any person to possess explosives, and noxious or poisonous
substances for illegal fishing.

Upon a summary finding of administrative liability, the offender shall be punished with
confiscation of catch, gear, and an administrative fine equivalent to five (5) times the
value of the catch or the amount indicated below whichever is higher:

(1) Ten thousand, pesos (P10,000.00) for municipal fishing;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00) for medium scale commercial fishing;
and

(4) One million pesos (P1,000,000.00) for large scale commercial fishing.

Violation of this provision shall be punished with imprisonment from six (6) months to
two (2) years, and a fine equivalent to twice the amount of the administrative fine and
confiscation of catch and gear.

SEC. 93. Use of Fine Mesh Net. – It shall be unlawful to engage in fishing using nets
with mesh smaller than 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.

The discovery of a fine mesh net in a fishing vessel shall constitute a prima
facie presumption that the person or fishing vessel is engaged in fishing with the use of
fine mesh net.

Upon a summary finding of administrative liability, the Department shall penalize the
owner, operator, captain or master fisherman in case of commercial fishing vessel, or
the municipal fisherfolk, with confiscation of the catch and fishing gear, and an
administrative fine equivalent to three (3) times the value of the catch or the value
indicated below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the

municipal fisherfolk fails to pay the fine, he shall render community service;

(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing;

(4) Two hundred thousand pesos (P200,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, the captain or master fisherman in case of

commercial fishing vessel, or the municipal fisherfolk, shall be punished by
imprisonment of six (6) months to two (2) years and a fine equivalent to twice the
administrative fine, and confiscation of catch and gear.

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

Upon a summary finding of administrative liability, the offender shall be punished with
confiscation of catch and fishing gears, and an administrative fine equivalent to the
value indicated below:

(1) Three (3) times the value of catch or Twenty thousand pesos (P20,000.00),
whichever is higher, for municipal fishing: Provided, That if the offender fails to pay the
fine, he shall render community service;

(2) Five (5) times the value of catch or One hundred thousand pesos (P100,000.00),
whichever is higher, for small-scale commercial fishing;

(3) Five (5) times the value of catch or Three hundred thousand pesos (P300,000.00),
whichever is higher, for medium-scale commercial fishing;

(4) Five (5) times the value of catch or Five hundred thousand pesos (P500,000.00),
whichever is higher, for large-scale commercial fishing.
Upon conviction by a court of law, the offender shall be punished by imprisonment of six
(6) months and one (1) day to six (6) years and fine of Five hundred thousand pesos
(P500,000.00) to Five million pesos (P5,000,000.00), confiscation of the catch and
fishing equipment used, and cancellation of fishing permit or license.

SEC. 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management
Areas. – It shall be unlawful to engage in fishing in municipal waters and in all bays as
well as other fishery management areas using active fishing gears as defined in this
Code.

Upon a summary finding of administrative liability, the owner, operator, boat captain and
master fisherman of the vessel, or the chief executive officer in a corporation, or the
managing partner in a partnership shall be punished with confiscation of the catch and
fishing gears, and a fine three (3) times the value of the catch or the value indicated
below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the

offender fails to pay the fine, he shall render community service;

(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing;
and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
two (2) years to six (6) years and fine equivalent to twice the administrative fine,
confiscation and forfeiture of fishing gear and catch.

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

Upon a summary finding of administrative liability, the owner/operator of the fishing

vessel/s, boat captain, master fisherman, and recruiter or organizer of fishworkers shall
be punished with an administrative fine equivalent to eight (8) times the value of the
corals gathered, possessed, commercially transported, sold, or exported, or the amount
of Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00),
whichever is higher, and forfeiture of the subject corals. The offender shall also pay
compensation for the restoration of the damaged corals reefs.

Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or
organizer of fishworkers, shall be punished by imprisonment from ten (10) years to
twenty (20) years and a fine equivalent to twice the administrative fine and forfeiture of
the subject corals.

The offender shall also be required to pay the cost of restoration of the damaged coral
reefs based on available studies and as determined by the Department.

SEC. 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and
Other Marine Habitat. – (a) It shall be unlawful for any person, natural or juridical, to fish
with gear or method that destroys coral reefs, seagrass beds, and other fishery marine
life habitat as may be determined by the Department. ‘Muro-ami’ and any of its
variation, and such similar gears and methods that require diving, other physical or
mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch
fish and other fishery species are also prohibited.

Upon a summary finding of administrative liability, the owner, operator, boat captain,
master fisherman, and recruiter or organizer of fishworkers who violate this provision
shall suffer the penalty of an administrative fine equivalent to five (5) times the value of
the fish caught or Two million pesos (P2,000,000.00), whichever is higher, and
confiscation of catch and gear. The fishworkers who serve as pounders shall be
penalized with a fine of Twenty thousand pesos (P20,000.00) or community service in
case of failure to pay the fine.

Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or
organizer of fishworkers shall be punished with imprisonment of two (2) years to ten
(10) years and a fine equivalent to twice the amount of the administrative fine.

(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.

Upon a summary finding of administrative liability, the person or corporation who

violates this provision shall be punished with an administrative fine of Five million pesos
(P5,000,000.00) or five (5) times the value of the coral rocks, sand, or silica gathered,
possessed, commercially transported, sold, or exported, whichever is higher, and
confiscation of the substance.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from two (2) years to ten (10) years and a fine equivalent to twice the administrative
fine, confiscation of catch or substances and equipment or gear used.

SEC. 98. Illegal Use of Superlights or Fishing Light Attractor. – It shall be unlawful to

engage in fishing with the use of superlight in municipal waters, or to fish with fishing
light attractor using candlelight power or intensity beyond the standards set by the
Department in consultation with the LGUs for fishing in municipal waters, or in violation
of the rules promulgated by the Department for fishing with the use of superlight or
fishing light attractor outside municipal waters.

Upon a summary finding of administrative liability, the offender shall be punished by a

fine of Twenty thousand pesos (P20,000.00) per superlight or fishing light attractor, and
confiscation of catch, superlight or fishing light attractor and gears: Provided, That if the
offender is a municipal fisherfolk, he may render community service in lieu of fine.

Upon conviction by a court of law, the offender shall be punished with imprisonment
from six (6) months to two (2) years and a fine of Forty thousand pesos (P40,000.00)
per superlight or fishing light attractor, and confiscation of catch, superlight or fishing
light attractor and gears: Provided, That if the offender is a municipal fisherfolk, he may
render community service in lieu of fine or imprisonment.

SEC. 99. Conversion of Mangroves. – It shall be unlawful for any person to convert
mangroves into fishponds or for any other purpose.

Upon a summary finding of administrative liability, the offender shall be penalized with a
fine equivalent to the ecological value of a hectare of mangrove based on available
studies or administrative fine of Ten million pesos (P10,000,000.00) per hectare,
whichever is higher: Provided, That if the area requires rehabilitation or restoration as
determined by the Department, the offender shall also be required to restore or pay for
the restoration of the damaged area.

Upon conviction by a court of law, the offender shall pay a base fine of Eighty thousand
pesos (P80,000.00), a fine equivalent to the administrative penalties, and shall suffer
the penalty of imprisonment of six (6) months and one (1) day to twelve (12)
years: Provided, That if the area requires rehabilitation or restoration as determined by
the court, the offender shall also be required to restore or pay for the restoration of the
damage. The offender shall be liable for environmental damages computed at Five
hundred thousand pesos (P500,000.00) per hectare per year until the area is restored.

SEC. 100. Fishing During Closed Season. – It shall be unlawful to fish during closed
season.

Upon a summary finding of administrative liability, the offender shall be punished with
confiscation of catch and gear and an administrative fine of:

(1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for
municipal fishing, whichever is higher: Provided, That if the offender fails to pay the fine,
community service shall be rendered;

(2) Five times the value of the catch or One hundred thousand pesos (P100,000.00),
whichever is higher for small-scale commercial fishing;
(3) Five times the value of catch or Three hundred thousand pesos (P300,000.00),
whichever is higher for medium-scale commercial fishing; and

(4) Five times the value of catch or Five hundred thousand pesos (P500,000.00),
whichever is higher for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
six (6) months and one (1) day to six (6) years, confiscation of catch and gear, and fine
twice the amount of the administrative fine and cancellation of license or permit.

SEC. 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and

Sanctuaries. – It shall be unlawful to fish in marine protected areas, fishery reserves,
refuge, or fish sanctuaries as declared by the Department or the LGUs.

Upon a summary finding of administrative liability, the offender shall be punished with
confiscation of catch and gear, and administrative fine of twice the value of the catch or
the amount indicated below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the

offender fails to pay the fine, community service shall be rendered;

(2) Two hundred thousand pesos (P200,000.00) for small-scale commercial fishing;

(3) Six hundred thousand pesos (P600,000.00) for medium-scale commercial fishing;
and

(4) One million pesos (P1,000,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, violation of this provision shall be punished by

imprisonment of two (2) years to six (6) years and a fine twice the amount of the
administrative fine, confiscation of catch and gear, and cancellation of license or permit.

SEC. 102. Fishing or Taking of Rare, Threatened or Endangered Species. – (a) It shall

be unlawful to fish or take, catch, gather, sell, purchase, possess, transport, export,
forward or ship out aquatic species listed in Appendix I of the Convention on the
International Trade in Endangered Species of 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.

Upon a summary finding of administrative liability, the Department shall penalize the
offender with a fine equivalent to five times (5) times the value of the species or Five
hundred thousand pesos (P500,000.00) to Five million pesos (P5,000,000.00),
whichever is higher, and forfeiture of the species.
Upon conviction by a court of law, the offender shall be punished by imprisonment of
twelve (12) years and one (1) day to twenty (20) years and a fine equivalent to twice the
administrative fine, forfeiture of the species and the cancellation of fishing permit.

(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.

Upon a summary finding of administrative liability, the Department shall penalize the
offender with a fine equivalent to three (3) times the value of the species or Three
hundred thousand pesos (P300,000.00) to Three million pesos (P3,000,000.00),
whichever is higher, and forfeiture of the species.

Upon conviction by a court of law, the offender shall be punished by imprisonment of

five (5) to eight (8) years and a fine equivalent to twice the administrative fine and
forfeiture of the species.

(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.

Upon a summary finding of administrative liability, the offender shall be penalized with a
fine equivalent to three (3) times the value of the species or Three hundred thousand
pesos (P300,000.00) to Three million pesos (P3,000,000.00), whichever is higher, and
forfeiture of the species.

Upon conviction by a court of law, the offender shall be punished by imprisonment of

five (5) to eight (8) years, a fine equivalent to three (3) times the value of the species or
Three million pesos (P3,000,000.00), whichever is higher, and forfeiture of the species.

Should the violation be committed by a vessel manned by more than two (2) persons,
the captain, master, and two highest ranking officers of the vessel involved in the fishing
or taking of such protected marine life shall be presumed to have committed the
prohibited act.

SEC. 103. Capture of Sabalo and Other Breeders/Spawners. – It shall be unlawful for
any person to catch, gather, capture or possess mature milkfish or sabalo and other
breeders or spawners of other fishery species as may be determined by the
Department: Provided, That catching of sabalo and 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.

Upon a summary finding of administrative liability, an offender shall be punished with a

fine equivalent to five (5) times the value of the sabalo, other breeders, or spawners
gathered or captured, or Five hundred thousand pesos (P500,000.00), whichever is
higher, and forfeiture of catch and gear.

Upon conviction by a court of law, the offender shall be punished by imprisonment of six
(6) months and one (1) day to eight (8) years and a fine equivalent to twice the amount
of the administrative fine, forfeiture of catch and fishing equipment used, and
suspension or revocation of license.

SEC. 104. Exportation of Breeders, Spawners, Eggs or Fry. – Exportation of breeders,

spawners, eggs or fry as prohibited in this Code shall be punished under this
Act: Provided, That the export of hatchery-bred or captive-bred breeder, spawner, egg
or fry, may be allowed subject to the 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.

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine equivalent to three (3) times the value of the breeders, spawners,
eggs, or fry exported or One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00), whichever is higher, confiscation of breeders,
spawners, eggs or fry, suspension or revocation of license for commercial fishing and/or
registration as exporter.

Upon conviction by a court of law, the offender shall be punished by imprisonment of

eight (8) years to ten (10) years, confiscation of breeders, spawners, eggs or fry, a fine
equivalent to twice the amount of the administrative fine, revocation of the fishing
license, and/or suspension or revocation of registration as exporter.

SEC. 105. Importation or Exportation of Fish or Fishery Species. – Any importation or

exportation of fish or fishery species in violation of this Code shall be unlawful.

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.

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine of five (5) times the value of the species or Three hundred
thousand pesos (P300,000.00) to Five hundred thousand pesos (P500,000.00),
whichever is higher, and forfeiture and/or destruction of the species.
Upon conviction by a court of law, the offender shall be punished with eight (8) years of
imprisonment and fine of twice the administrative fine, forfeiture and/or destruction of
the species: Provided, That offenders shall be banned from being members or
stockholders of companies currently engaged in fisheries or companies to be created in
the future, the guidelines for which shall be promulgated by the Department.

SEC. 106. Violation of Harvest Control Rules. – It shall be unlawful for any person to
fish in violation of harvest control rules as determined by the Department.

Upon a summary finding of administrative liability, the offender shall be punished with
confiscation of catch and fishing gear, revocation of license and an administrative fine
of:

(1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for
municipal fishing, whichever is higher: Provided, That if the offender fails to pay the fine,
community service shall be rendered;

(2) Five times the value of the catch or One hundred thousand pesos (P100,000.00)
whichever is higher for small-scale commercial fishing;

(3) Five times the value of the catch or One million pesos (P1,000,000.00), whichever is
higher for medium-scale commercial fishing; and

(4) Five times the value of the catch or Five million pesos (P5,000,000.00), whichever is
higher, for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
six (6) months and one (1) day to six (6) years and a fine twice the administrative fine,
confiscation of catch and fishing gear, and revocation of license.

SEC. 107. Aquatic Pollution. – Aquatic pollution, as defined in this Code, shall be

unlawful.

Upon a summary finding of administrative liability, the offender shall be punished with
fine of Three hundred thousand pesos (P300,000.00) to Five hundred thousand pesos
(P500,000.00) and an additional fine of Fifteen thousand pesos (P15,000.00) per day
until the violation ceases and the fines are paid, the imposition of cease and desist
order, closure or suspension of the development, construction or facility, or cessation of
operations, or disconnection of water supply. The order may be issued ex parte pending
resolution of the case.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
six (6) years and one (1) day to twelve (12) years and a fine twice the amount of the
administrative fine and an additional fine of Fifteen thousand pesos (P15,000.00) per
day until the violation ceases and the fines are paid, the imposition of cease and desist
order, closure or suspension of the development, construction or facility, or cessation of
operations, or disconnection of water supply. The order may be issued ex parte pending
resolution of the case.

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

Upon apprehension, the fishing vessel shall be escorted to the nearest port or landing
point and prevented from continuing with the fishing activity.

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine of One hundred thousand pesos (P100,000.00) and suspension
or cancellation of permit or license and impoundment of the vessel until the safety
standard has been complied with.

Upon conviction by a court of law, the offender shall suffer the penalties of
imprisonment from one (1) month and one (1) day to six (6) months and a fine of twice
the amount of the administrative fine, suspension or cancellation of permit or license
and impoundment of the vessel until the safety standard has been complied with.

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

Upon summary finding of administrative liability, the owner of the fishpond, fishpen or
fish cage shall be imposed a fine of Five thousand pesos (P5,000.00) per unreported
hectare. In case the fishpond is covered by FLA, nonsubmission of a report for two (2)
consecutive years shall result to its cancellation.

Upon conviction by a court of law, the offender shall be punished with twice the amount
of the administrative fine.

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

Upon a summary finding of administrative liability, the penalty of an administrative fine

equivalent to the value of the species or Fifty thousand pesos (P50,000.00), whichever
is higher, and confiscation of the same, cancellation of permit or license shall be
imposed upon the offender.
Upon conviction by a court of law, the offender shall be punished by imprisonment from
one (1) month and one (1) day to six (6) months and fine equivalent to twice the amount
of the administrative fine, and cancellation of the permit or license.

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

Upon a summary finding of administrative liability, the offender shall be punished with a
fine of Two hundred thousand pesos (P200,000.00) and the dismantling of the
obstruction, fish corrals/traps, fish pens or fish cages at the expense of the offender.

Upon conviction by a court of law, the offender shall be punished with imprisonment
from one (1) month and one (1) day to six (6) months and fine of twice the amount of
the administrative fine, confiscation of stocks and dismantling of the obstruction, fish
corrals/traps, fish pens or fish cages at the expense of the violator.

SEC. 112. Noncompliance with Good Aquaculture Practices. –  Fishery operations

involving the breeding and farming of fish and other fishery species shall comply with
good aquaculture practices and the guidelines for environmentally-sound design and
operation for the sustainable development of the aquaculture industry which shall be
promulgated by the Department.

Upon a summary finding of administrative liability, the offender who commits any
violation of the rules and regulations, or provisions thereof, shall be punished with an
administrative fine of Ten thousand pesos (P10,000.00) to One hundred thousand
pesos (P100,000.00) per day until the violation ceases and the fines are paid.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
three (3) years and fine of twice the amount of the administrative fine.

SEC. 113. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk,

Fishworker or Crew. – (a) The owner or operator of a commercial fishing vessel
employing unlicensed fisherfolk or fishworker or crew shall, upon a summary finding of
administrative liability, be fined Four thousand pesos (P4,000.00) for each unlicensed
fisherfolk or fishworker or crew and suspension or revocation of license for commercial
fishing.

(b) It shall likewise be unlawful for Philippine flagged fishing vessels engaged in distant
water fishing to employ unlicensed fisherfolk or fishworker or crew.

The owner and operator of the distant water fishing vessel, upon a summary finding of
administrative liability, shall be fined Forty thousand pesos (P40,000.00) for each
unlicensed fisherfolk, fishworker or crew and suspension or cancellation of license.
The owner and operator of the commercial fishing vessel or distant water fishing vessel
shall upon conviction by a court of law, be fined with twice the amount of the
administrative fine and suspension or cancellation of license.

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

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine of One hundred fifty thousand pesos (P150,000.00) to Five
hundred thousand pesos (P500,000.00), dismantling of the obstruction at the expense
of the offender, and the suspension or revocation of the permit or license.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
seven (7) years to twelve (12) years and fine of twice the amount of the administrative
fine, dismantling of the obstruction at the expense of the offender, and the suspension
or revocation of the permit or license.

SEC. 115. Obstruction to Fishery Law Enforcement Officer. – The fishing vessel owner,
master or operator or any other person acting on behalf of any fishing vessel who
assaults, resists, intimidates, harasses, seriously interferes with, or unduly obstructs or
delays a fishery law 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.

Upon a summary finding of administrative liability, the offender shall be punished with
cancellation of license or permit and an administrative fine of One million pesos
(P1,000,000.00) for fishing vessels operating in Philippine waters or Two million pesos
(P2,000,000.00) for fishing vessels operating beyond Philippine waters.

Upon conviction by a court of law, the offender shall be punished with imprisonment
from six (6) months to two (2) years and a fine twice the amount of the administrative
fine and cancellation of license or permit.

SEC. 116. Noncompliance with Fisheries Observer Coverage. – (a) It shall be unlawful

for Philippine distant water fishing vessel to sail without a fisheries observer on board as
required by RFMO conservation and management measures.

(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.

Upon a summary finding of administrative liability, an offender shall be punished with a

fine of Five hundred thousand pesos (P500,000.00) and forfeiture of the catch and gear.
Upon conviction by a court of law, the offender shall be punished with imprisonment of
one (1) month and one (1) day to six (6) months and fine of twice the amount of the
administrative fine, confiscation of catch and suspension or cancellation of license.

SEC. 117. Noncompliance with Port State Measures. – No foreign fishing vessel shall
be allowed entry without providing at least twenty-four (24)-hour prior notice. When a
foreign fishing vessel is granted 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 with the 24-hour period may result in denial of permission to enter or
use of port facilities and the vessel may be subject to onboard inspection and/or
impoundment.

SEC. 118. Failure to Comply with Rules and Regulations on Conservation and

Management Measures. – It shall be unlawful for any person to fail to comply with
conservation and management measures adopted in rules and regulations to be
promulgated by the Department pursuant to international conventions, RFMO
resolutions and laws of coastal states where Philippine vessels fish.

Upon a summary finding of administrative liability, violation of the rules and regulations
promulgated by the Department shall be punished with confiscation of catch and
suspension or cancellation of license or permit and an administrative fine of twice the
value of the catch or the amount indicated below whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing or community service in
case of failure to pay the fine;

(2) One million pesos (P1,000,000.00) for small-scale commercial fishing;

(3) Two million five hundred thousand pesos (P2,500,000.00), for medium-scale
commercial fishing; and

(4) Five million pesos (P5,000,000.00), for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of
six (6) months and fine twice the amount of the administrative fine, and confiscation of
the catch and suspension or cancellation of license.

SEC. 119. Noncompliance with Vessel Monitoring Measures. – No municipal,

commercial or distant water fishing vessel shall engage in fishing activity without
complying with the vessel monitoring measures promulgated by the Department in
coordination with the LGUs: Provided, That 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.
Upon a summary finding of administrative liability, the fishing vessel owner, master or
any other person acting on behalf of the vessel owner shall be punished with
confiscation of catch, suspension or revocation of the license and an administrative fine
equivalent to twice the value of the catch or the amount indicated below, whichever is
higher:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case
of failure to pay the fine;

(2) Two hundred fifty thousand pesos (P250,000.00) for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing;
and

(4) Two million five hundred thousand pesos (P2,500,000.00) for large-scale
commercial fishing.

In case of violation committed in waters beyond national jurisdiction, the administrative

fine shall be equivalent to five times the value of the catch or twice the amount indicated
above, whichever is higher.

Upon conviction by a court of law, the master or any other person acting on behalf of
the vessel owner shall be punished with imprisonment of six (6) months to two (2) years
and fine twice the amount of the administrative fine, confiscation of catch and
suspension or revocation of the license.

SEC. 120. Constructing, Importing or Converting Fishing Vessels or Gears Without

Permit from the Department. – It shall be unlawful for any person to construct or import
fishing vessels or gears or to convert other vessels into fishing vessels without permit
from the Department.

Upon a summary finding of administrative liability, the offender shall be imposed the
penalty of an administrative fine of:

(1) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(2) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing;
and

(3) Two million five hundred thousand pesos (P2,500,000.00) for large-scale
commercial fishing.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from one (1) month and one (1) day to six (6) months and fine of twice the amount of
the administrative fine.
SEC. 121. Use of Unlicensed Gear. – Any person who uses a fishing gear or method
for commercial fishing without license from the Department shall, upon a summary
finding of administrative liability, be fined from Two hundred thousand pesos
(P200,000.00) to Five hundred thousand pesos (P500,000.00) per gear depending on
the seriousness of the violation.

Upon conviction by a court of law, the offender shall be imposed the penalty of fine from
Four hundred thousand pesos (P400,000.00) to One million pesos (P1,000,000.00)
depending on the seriousness of the violation.

SEC. 122. Falsifying,  Concealing or Tampering with Vessel Markings, Identity or

Registration. – It shall be unlawful for any person to falsify, conceal vessel identity or
lack of registration or tamper with the vessel markings, identity or registration.

Upon a summary finding of administrative liability, the offender shall be imposed the
penalty of confiscation of catch and suspension or cancellation of license and an
administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case
of failure to pay the fine;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.

In case of violation by distant water fishing vessels, the administrative fine shall be twice
the amount indicated above.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from two (2) years to six (6) years and a fine equivalent to twice the amount of the
administrative fine, confiscation of catch and suspension or cancellation of license.

SEC. 123. Concealing, Tampering or Disposing of Evidence Relating to an Investigation

of a Violation. – It shall be unlawful for any person to conceal, tamper or dispose
evidence relating to an investigation of a violation.

Upon a summary finding of administratively liability, the offender shall be punished with
suspension or cancellation of license and an administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case
of failure to pay the fine;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;
(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.

In case of violation by distant water fishing vessels, the administrative fine shall be twice
the amount indicated above.

Upon conviction by a court of law, the offender shall be imposed the penalty of
imprisonment from five (5) years to ten (10) years and fine equivalent to twice the
administrative fine, and suspension or cancellation of the license.

SEC. 124. Noncompliance with the Requirements for the Introduction of Foreign or

Exotic Aquatic Species. – It shall be unlawful to import, introduce, or breed, foreign or
exotic aquatic species without the conduct of risk analysis and prior approval of the
Department.

Upon a summary finding of administrative liability, the offender shall be punished with a
fine of Two hundred thousand pesos (P200,000.00) to Six million pesos
(P6,000,000.00) and confiscation and destruction of the foreign or exotic species.
Should the species become invasive and result to predation of native aquatic biota, loss
of income or damage to the habitat, the offender shall bear the costs of containment,
eradication and/or restoration.

Upon conviction by a court of law the offender shall suffer the penalty of imprisonment
of six (6) years to (12) years and fine from Four hundred thousand pesos (P400,000.00)
to Twelve million pesos (P12,000,000.00), confiscation of foreign or exotic species and
the costs for containment, eradication or restoration.

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

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine of Fifty thousand pesos (P50,000.00) to Two million pesos
(P2,000,000.00), depending on the seriousness, extent and volume of trade associated
with the violation, confiscation of the shipment or fishery products and suspension or
revocation of registration or license.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from six (6) months to two (2) years and a fine from One hundred thousand pesos
(P100,000.00) to Four million pesos (P4,000,000.00) depending on the seriousness,
extent and volume of trade associated with the violation, confiscation of the shipment or
fishery products and suspension or revocation of registration or license.
SEC. 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish. – It shall
be unlawful to ship, commercially transport, offer for sale, sell, import, export, or have
custody, control, or possession of, or to deal in or in any manner dispose of any fish or
species caught, taken or retained in violation of this Code.

The discovery of any fish or species caught with the use of explosives or noxious or
poisonous substances shall constitute a prima facie presumption that the possessor,
seller, fish dealer, transporter, importer, or exporter thereof has knowledge that the fish
or species was caught or taken in violation of this Code.

Upon a summary finding of administrative liability, the offender shall be punished with
an administrative fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00) or five (5) times the value of fish or species, whichever is higher,
and confiscation of the same.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment
from six (6) months to two (2) years, and fine of eight (8) times the value of the species
or from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00), whichever is higher and confiscation of the fish or fishery products and
suspension or revocation of registration or license.

SEC. 127. Unauthorized Disclosure of Sensitive Technical Information. – Data from the

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

SEC. 128. Other Violations. – In addition to the prohibitions in this Code, the

Department, in consultation 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.

Violation of administrative orders or regulations promulgated by the Department or any

provision thereof shall subject the offender to a fine of One hundred thousand pesos
(P100,000.00) to Five million pesos (P5,000,000.00), depending on the socioeconomic
impact and seriousness of the violation, volume and value of the fisheries product,
damage to the environment due to the violation, and the habituality of the offender.

SEC. 129. Escalation Clause. – The fines herein prescribed shall be increased by at

least ten percent (10%) every three (3) years to compensate for inflation and to maintain
the deterrent function of such fines.

CHAPTER VII

ADMINISTRATIVE ADJUDICATION
SEC. 130. Administrative Adjudication. – The Department is hereby empowered to
impose the administrative fines and penalties provided in this Code.

For this purpose, the Department shall organize and designate the composition of the
Adjudication Committee, which shall be composed of the bureau director as chairperson
and four (4) other members to be designated by the Secretary. The Adjudication
Committee shall be supported by sufficient number of staff to enable it to perform its
mandate.

The Committee shall promulgate rules and regulations for the conduct of administrative
adjudication and the disposition of confiscated catch, gears, equipment and other
paraphernalia. It shall also issue subpoena duces tecum and ad testificandum in
administrative cases before it.

SEC. 131. Commencement of 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 any order, rule or regulation issued by the
Department, pursuant to this Code.

SEC. 132. Power to Issue Cease and Desist Orders and to Summarily Evict Without the
Necessity of Judicial Order. – The Department shall, subject to the requirements of
administrative due process, issue cease and desist order/s upon violator/s and to
summarily eject, without the necessity of judicial order, the holder of FLA, other tenurial
instrument, permit or license from areas of the public domain covered by such FLA,
tenurial instrument, permit or license.

SEC. 133. Authority of the Director of the BFAR or the Duly Authorized Representative
to Issue Notice of Violation and Order Confiscation. – In all cases of violations of this
Code or other fishery laws, rules and regulations, the Director of the BFAR or the duly
authorized representative, may issue notice of violation and order the confiscation of
any fish, fishery species or aquatic resources illegally caught, taken or gathered, and all
equipment, paraphernalia and gears in favor of the Department, academic institutions or
LGUs and to dispose of the same in accordance with pertinent laws, rules, regulations
and policies on the matter.

SEC. 134. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary

Injunctions, and Preliminary Mandatory Injunctions. – No injunction or restraining order
from the Municipal Trial Courts and Regional Trial Courts shall lie against the
Department and BFAR upon the ex parte motion or petition filed by any person or entity
in the exercise by the Department and BFAR of its regulatory functions in support of the
implementation of this Code.

SEC. 135. Accompanying Administrative Sanctions for Serious Violations. – 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 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 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.

The overall level of sanctions and accompanying sanctions shall be calculated in a

manner that is proportionate, effective and dissuasive to deprive the offender of the
economic benefits derived from the serious violation.

SEC. 136. Lien Upon Personal and Immovable Properties of Violators. – Fines and
penalties imposed pursuant to this Code shall constitute a lien upon the personal and
immovable properties of the violator.

SEC. 137. Community Service. – In case the offender is a municipal fisherfolk or has no
property over which the Department may impose the fines and penalties prescribed for
the offense, community service may be rendered in lieu of the fine. The Department
shall promulgate the rules and regulations for this purpose, taking into account that the
service should be rendered in accordance with needs of the community where the
offense is committed and computed based on the fine and the prevailing minimum wage
in the community, among others.
SEC. 138. Citizen’s Suits. – For the purposes of enforcing the provisions of this Code
and its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts/bodies against:

(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.

SEC. 139. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement of

this Act. – A legal action filed to harass, vex, exert undue pressure, or stifle any legal
recourse that any person, institution, or the government has taken or may take in the
enforcement of this Code shall be treated as a Strategic Lawsuit Against Public
Participation (SLAPP).

The hearing on the defense of a SLAPP shall be summary in nature, the affirmative
defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing.
If the court dismisses the action, the court may award damages, attorney’s fees, and
costs of suit under a counterclaim if such has been filed. The dismissal shall be with
prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary
hearing shall be treated as evidence of the parties on the merits of the case. The action
shall proceed in accordance with the Rules of Court.

The Rules of Procedure for Environmental Cases shall govern the procedure in civil,
criminal, and special civil actions involving the enforcement or violations of this Code
including actions treated as a SLAPP as provided in this section.

SEC. 140. Fisheries National Administrative Register. – The Adjudication Committee

shall enter in a Fisheries National Administrative Register, which shall be publicly
available, all decisions, resolutions or orders involving violations of this Code,
particularly serious violations committed by Philippine flagged vessels or by Philippine
nationals and cases on poaching or involving foreigners, including the penalties
imposed.”

CHAPTER VIII
General Provisions
Section 141. Fisherfolk Settlement Areas. - The Department shall establish and
create fisherfolk settlement areas in coordination with concerned agencies of the
government, where certain areas of the public domain, specifically near the fishing
grounds, shall be reserved for the settlement of the municipal fisherfolk. Nothing in this
section shall be construed to vest ownership of any resettlement area to a municipal
fisherfolk for whom said areas may have been reserved for or had been actually granted
to.

SEC. 142. Fisheries Management Fund. – A Fisheries Management Fund is hereby

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 Aquaric Resources as a special account in
any government financial institution.

It shall be funded from administrative fines and penalties imposed under this 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.

The Fund shall be exclusively utilized as follows:

(a) fifteen percent (15%) for the purchase, upgrade and maintenance of vessels,
communication and other equipment used for the monitoring, control and surveillance of
Philippine waters and distant water fishing;

(b) five percent (5%) for the payment of litigation expenses, cost of conveyance of
witnesses and other costs due to cases filed by or against the Republic of the
Philippines in international courts arising from the implementation of this Code or where
apprehending party or parties become respondents or defendants in any tribunal or
court of law;

(c) twenty-five percent (25%) for the operating costs and capacity building of the
NFARMC, IFARMCs and C/MFARMCs and payment for the cost of rehabilitation,
medical expenses for injury, or indemnity for death of law enforcement officers,
including deputized volunteers, distributed as follows: five percent (5%) to the
NFARMC, five percent (5%) to all IFARMCs, five percent (5%) to all C/MFARMCs, and
ten percent (10%) to C/MFARMCs for the apprehension and successful prosecution of a
fisheries offense;

(d) five percent (5%) for the continued upgrading of laboratory facilities and equipment;

(e) five percent (5%) for the research and development activities of the NFRDI;
(f) five percent (5%) for the capability development of BFAR personnel, deputized law
enforcement agencies and volunteers, and stakeholders;

(g) ten percent (10%) for scholarship grants for children of fisherfolks and fishworkers in
fish catch, aquaculture, fishing and fish processing;

(h) fifteen percent (15%) for livelihood programs for production enhancement and
poverty alleviation; and

(i) fifteen percent (15%) for assistance to fishermen in the form of shared facilities.

Section 143. Municipal Fisheries Grant Fund. - For the development, management

and conservation of the municipal resources, there is hereby created a Fishery Grant
Fund to finance fishery projects of the LGUs primarily for the upliftment of the municipal
fisherfolk. The amount of One hundred million pesos (P100,000,000.00) is hereby
appropriated out of the Department's allocation in the General Appropriations Act (GAA)
to support the Grant Fund.

For this purpose, the Department may seek financial assistance from any source and
may receive any donation therefore.

Section 144. Fishery Loan and Guarantee Fund. - Pursuant to Section 7, Article XIII
of the Constitution, there is hereby created a Fishery Loan and Guarantee Fund with an
initial of One hundred million pesos (P100,000,000.00), which shall be administered by
the Land Bank of the Philippines. The fund shall be made available for lending to
qualified borrowers to finance the development of the fishery industry under a program
to be prescribed by the Department.

For the same purpose, the Department may seek financial assistance from any source
and may receive any donation therefrom.

Section 145. Fishing Vessels Development Fund. - There is hereby created a

Fishing Vessels Development Fund to enhance the building and/or acquisition of fishing
vessels. This shall be a long-term loan facility that shall be administered by the
Development Bank of the Philippines. The amount of Two hundred and fifty million
pesos (P250,000,000.00) per year for five (5) years is hereby appropriated out of the
Department's allocation in the GAA to support this Development Fund.

Section 146. Special Fisheries Science and Approfishtech Fund. - The Department

shall provide subsidy for full technical and financial support to the development of
appropriate technology, both in fishery and ancillary industries, that are ecologically
sound, locally source-based and labor intensive, based on the requirement and needs
of the FARMCs. An initial amount of One hundred million pesos (100,000,000.00) shall
be authorized for the purpose of a Special Fisheries Science and Approfishtech Fund,
and thereafter shall be included in the GAA.
Section 147. Aquaculture Investment Fund. - An Aquaculture Investment Fund in the
minimum amount of Fifty million pesos (P50,000,000.00) shall be established for soft
loans which shall be extended to municipal fisherfolk and their organization who will
engage in aquaculture, and for the development of underdeveloped or underutilized
inland fishponds.

Section 148. Other Fisheries Financing Facilities. - In addition to fisheries credit

guarantee, grant and other similar facilities granted under this Code, qualified Filipino
fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under
existing and/or new laws, specially as to rural credit, with preference being given to
fisheries cooperatives.

Section 149. Professionalization of Fisheries Graduates. - There is hereby created a

Fisheries Board of Examiners in the Professional Regulation Commission to upgrade
the Fisheries Profession: Provided, however, That those who have passed the Civil
Service Examination for Fisheries shall automatically be granted eligibility by the
Fisheries Board of Examiners: Provided, further, That they have served the industry in
either public or private capacity for not less than five (5) years: Provided, finally, That
the first Board Examination for B.S. Fisheries Graduates shall be conducted within one
(1) year from the approval of this Code.

Section 150. Upgrading of State Fisheries Schools/Colleges. - The Department, in

coordination with the Commission on Higher Education (CHED), Department of
Education, Culture and Sports (DECS), and Technical Education and Skills
Development Authority (TESDA), shall upgrade State Fisheries Schools/Colleges which
provide both formal and non-formal education: Provided, however, That the CHED shall
incorporate Approfishtech in the curricula of fisheries schools/colleges.

The Department and the CHED shall jointly formulate standards to upgrade all fisheries
schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall
be closed.

Section 151. Inclusion of Fisheries Conservation Subjects in School Curriculum. -

Fisheries conservation subjects shall be incorporated in the curricula of elementary and
secondary schools both private and public.

Section 152. Educational campaign at all levels. - The Department, the CHED, the
DECS and the Philippine Information Agency shall launch and pursue a nationwide
educational campaign to:

(a) help realize the policies and implement the provisions of this Code;

(b) promote the development, management, conservation and proper use of the
environment;

(c) promote the principle of sustainable development; and

 (d) promote the development of truly Filipino-oriented fishing and ancillary
industries.

Section 153. Infrastructure Support. - The Department in cooperation with concerned

agencies shall:

(a) prepare and implement a nationwide plan for the development of municipal
fishing ports and markets;

(b) prioritize the construction of farm-to-market roads linking the fisheries

production sites, coastal landing points and other post-harvest facilities to major
market and arterial roads/highways;

(c) identity community infrastructure facilities such as fish landing ports, ice plant
and cold storage facilities in consultation with fishery cooperatives/associations
and prepare plans and designs for their construction that would be consistent
with international environmental impact;

(d) establish and maintain quality laboratories in major fish ports and prescribe
the highest standards for the operation and maintenance of such post-harvest
facilities;

(e) arrange and make representations with appropriate funding institutions to

finance such facilities for the use of the fishery cooperatives/associations;

(f) develop and strengthen marketing facilities and promote cooperative

marketing systems; and

(g) promote and strengthen local fisheries ship-building and repair industry.

Section 154. Extension Services. - The Department shall develop cost-effective,

practical and efficient extension services on a sustained basis, in addition to those
provided by state educational institutions, especially to municipal fisherfolk in
undeveloped areas, utilizing practicable and indigenous resources and government
agencies available, and based upon a system of self-reliance and self-help.

Section 155. Protection of Sensitive Technical Information. - The Department shall

take such measures as may be necessary in order to protect trade, industrial and policy
information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers and researchers, when disclosure of such information will injure the
competitiveness or viability of domestic fisheries.

Section 156. Assistance in Collecting Information. - The Department, in coordination

with other government entities concerned, may require Filipino representatives abroad
and foreign-based personnel to assist in the collection of fisheries data and information.
Section 157. Charting of Navigational Lanes and Delineation of Municipal
Waters. - The Department shall authorize the National Mapping and Resource
Information Authority (NAMRIA) for the designation and charting of navigational lanes in
fishery areas and delineation of municipal waters. The Philippine Coast Guard shall
exercise control and supervision over such designated navigational lanes.

Section 158. Persons and Deputies Authorized to Enforce this Code and Other
Fishery Laws, Rules and Regulations. - The law enforcement officers of the
Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police
(PNP), PNP-Maritime Command, law enforcement officers of the LGUs and other
government enforcement agencies, are hereby authorized to enforce this Code and
other fishery laws, rules and regulations. Other competent government officials and
employees, punong barangays and officers and members of fisherfolk associations who
have undergone training on law enforcement may be designated in writing by the
Department as deputy fish wardens in the enforcement of this Code and other fishery
laws, rules and regulations.

Section 159. Strengthening Prosecution and Conviction of Violators of Fishery

Laws. - The Department of Justice (DOJ) shall embark on a program to strengthen the
prosecution and conviction aspects of fishery law enforcement through augmentation of
the current complement of state prosecutors and through their continuous training and
reorientation on fishery laws, rules and regulations.

Section 160. Foreign Grants and Aids. - All foreign grants, aids, exchange programs,
loans, researches and the like shall be evaluated and regulated by the Department to
ensure that such are consistent with the Filipinization, democratization and
industrialization of fishing industry and the development of the entire country.

Section 161. Mandatory Review. - The Congress of the Philippines shall undertake a

mandatory review of this Code at least once every five (5) years and as often as it may
deem necessary, to ensure that fisheries policies and guidelines remain responsive to
changing circumstances.

CHAPTER IX
Transitory Provisions

Section 162. Moratoria. - The Department shall, upon the recommendation of the

Bureau, have the power to declare a moratorium on the issuance of licenses for
commercial fishing vessels to operate in specified area or areas in Philippine waters for
a limited period of time if there are indications of overfishing brought about by a
decrease in the volume and sizes of fish caught therein or for conservation or ecological
purposes.

No new licenses and similar privileges on exploitation of specific fishery areas in

Philippine waters and aquaculture production areas shall be issued in accordance with
this Code. Such moratoria shall not exceed five (5) years from the effectivity of this
Code.

Section 163. Formulation of Implementing Rules and Regulations. - An Inter-

agency Committee is hereby created to formulate rules and regulations for the full
implementation of this Code within ninety (90) days of its effectivity: Provided, however,
That the formulated rules and regulations shall be submitted to both Houses of
Congress for information and guidance. Such rules and regulations shall take effect
upon publication in a newspaper of general circulation.

The Inter-agency Committee shall be composed of the following:

(a) Secretary of Agriculture as Chairman;

(b) Secretary of the Interior and Local Government;

(c) Secretary of Environment and Natural Resources;

(d) Secretary of Justice;

(e) Secretary of Finance;

(f) Secretary of Budget and Management;

(g) Secretary of Labor and Employment;

(h) Secretary of National Defense;

(i) Commissioner of Civil Service Commission;

(j) Director of BFAR;

(k) Executive Director of PCAMRD;

(l) General Manager of PFDA;

(m) One (1) representative from each of the following:

(a.1) The League of Provinces;

(a.2) The League of Cities;

(a.3) The League of Municipalities;

(a.4) The Liga ng mga Barangay;

 (n) Representative of the municipal fisherfolk;

(o) Representative of the commercial fishers;

(p) Representative of the non-government organizations involved in fishing

concerns; and

(q) A representative from the academe coming from the specialized fisheries
institution.

CHAPTER X
Final Provisions

Section 164. Appropriation. - The sum necessary to effectively carry out the

provisions of this Act during the first year of implementation shall be sourced from the
budget of the DA/BFAR and other agencies performing fisheries-related functions:
Provided, however, That such amount as may be necessary to carry out the provisions
of Sections 79, 109, 110, 111, 112, 113 are hereby appropriated out of the
unappropriated funds of the National Treasury. The Congress of the Philippines shall
provide for the appropriations of the Department, the NFRDI and the Fisheries
Scholarship Program for the succeeding years to be included in the annual GAA.

Section 165. Repealing Clause. - Presidential Decree No. 704, as amended by

Presidential Decree Nos. 1015 and 1058, Presidential Decree No. 977, as amended,
Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987,
Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and
other existing laws except Republic Act No. 7611, decrees, executive orders, and rules
and regulations or parts thereof, which are inconsistent with this Code, are hereby
repealed or modified accordingly.

Section 166. Separability Clause. - If any portion or provision of this Code is declared

unconstitutional or invalid, the other portions or provisions hereof, which are not affected
thereby, shall continue in full force and effect.

Section 167. Effectivity. - This Code shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general publication.