Question & AnswerQ&A (Republic Act No. 8550)
The official title is "The Philippine Fisheries Code of 1998."
The main policy objective is to achieve food security through the sustainable utilization, management, development, conservation, and protection of fishery resources for the food needs of the population, giving exclusive use to Filipino citizens, and ensuring ecological balance and protection of the environment.
All Philippine waters including waters over which the Philippines has sovereignty and jurisdiction, the 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf, including inland, coastal, and offshore fishing areas.
Municipal waters include streams, lakes, inland bodies of water, tidal waters within the municipality not included in protected areas, and marine waters between two perpendicular lines from the municipality shorelines extending 15 kilometers offshore, with specific provisions when neighboring municipalities are less than 30 kilometers apart.
Filipino citizens have exclusive rights to use and exploit fishery and aquatic resources in Philippine waters, subject to certain research exceptions under strict regulations.
A fine of One hundred thousand U.S. Dollars (US$100,000.00), confiscation of catch, fishing equipment and vessel, with the Department empowered to impose fines from Fifty thousand to Two hundred thousand U.S. Dollars or its Philippine equivalent.
Possession of such devices or substances for illegal fishing is punishable by imprisonment from six months to two years. Actual use is punishable by imprisonment from five to ten years, plus confiscation of devices, vessels, equipment, and catch.
FARMCs are established at national, municipal/city, barangay, and integrated levels to assist in fishery resource management. The National FARMC has 15 members including government officials, fisherfolk, commercial fishers, academe, and NGOs to advise the Department.
It grants municipal/city governments jurisdiction over municipal waters and responsibility for management, conservation, development, protection, utilization, and disposition of fishery resources within their territorial waters, including ordinance enactment and law enforcement.
Closed season is a period when taking specified fishery species using specified gears is prohibited in designated Philippine waters, for conservation and ecological purposes, declared by the Secretary or LGUs with FARMC consultation.
A permit from the Department must be secured, and export is regulated especially if it affects food security or biodiversity, with specific prohibitions on exporting breeders, spawners, eggs, and fry unless properly certified.
Only Filipino citizens or entities with at least 60% Filipino ownership may be licensed; commercial fishing vessels require licenses, registration, gear licensing, and must comply with safety and other regulatory standards.
Imprisonment from two to six years, fines from Two thousand to Twenty thousand pesos, forfeiture of catch, and cancellation of fishing permit or license.
Closed seasons, conservation and rehabilitation measures, and bans on fishing or taking such species and their eggs are imposed with strict penalties including long imprisonment and fines.
The Bureau of Fisheries and Aquatic Resources (BFAR) was reconstituted; the National Fisheries Research and Development Institute (NFRDI) was created; and various Fisheries and Aquatic Resources Management Councils (FARMCs) were established.