QuestionsQuestions (Republic Act No. 8550)
Section 2 declares that the State’s policy is to achieve food security as the overriding consideration in utilization, management, development, conservation and protection of fishery resources; limit access to Filipino citizens; ensure rational and sustainable development and conservation consistent with ecological balance; protect the rights of fisherfolk with priority to municipal fisherfolk; support the fishery sector primarily municipal fisherfolk (including women and youth); manage resources consistent with integrated coastal area management in natural fishery management areas; and treat private utilization of fishery resources as a privilege requiring partnership in sustainability.
RA 8550 applies to all Philippine waters and the 200-nautical mile EEZ and continental shelf; all aquatic and fishery resources whether inland, coastal or offshore (including fishponds and fish pens/cages); and all lands devoted to aquaculture and businesses/activities relating to fishery whether private or public.
MSY is the largest average quantity that can be harvested from a fish stock on a sustainable basis under existing environmental conditions; TAC is the maximum harvest allowed during a given period from a specified fishery area and/or species/group, and normally would not exceed MSY.
Municipal waters include streams, lakes, inland bodies of water, and tidal waters within the municipality not in protected areas, public forest/timber lands, forest reserves or fishery reserves, plus marine waters between two lines perpendicular to the general coastline at low tide and a third line parallel to the coastline including offshore islands and extending 15 km from the coastline. Where two municipalities are opposite shores with less than 30 km of marine waters between them, the third line is equally distant from the opposite shores.
The use and exploitation of fishery and aquatic resources in Philippine waters is reserved exclusively to Filipinos. Exception: research and survey activities may be allowed under strict regulations for purely research, scientific, technological, and educational purposes that benefit Filipino citizens.
Section 2 states preferential use of municipal waters shall be based on MSY or TAC (subject to resources and ecological conditions) and consistent with international commitments. Section 16 then provides that LGUs, in consultation with FARMCs, manage and conserve resources within municipal waters accordingly.
Limited access is a fishery policy establishing an equitable system of resource use and allocation through fishery rights granting and licensing procedures as provided by the Code—meaning only authorized users can access resources within limits set to prevent overuse.
A closed season is the period during which taking specified fishery species by specified fishing gear is prohibited in specified areas. Under Section 9, the Secretary may declare closed seasons for waters outside municipal waters and bays for conservation/ecological purposes, with notice requirements and, where municipal waters or special agencies’ waters are involved, concurrence/approval/recommendation requirements. In municipal waters and other municipal-reserved areas, closed seasons may be established by the concerned LGU in consultation with FARMC.
Catch ceilings may be prescribed by the Secretary as limitations or quotas on total quantity captured for a specified period and area based on best available evidence; it may be imposed per species when necessary. TAC normally would not exceed MSY, reflecting the maximum sustainable level.
Section 12 requires a detailed Environmental Impact Statement (EIS) before undertaking activities/projects that affect the environment, as an integral part of planning under PD 1586. Section 13 states that EIS must be submitted to DENR; no person may undertake the development project without first securing an Environmental Compliance Certificate (ECC) from the DENR Secretary.
Section 14 requires establishment of MCS by the Department in coordination with LGUs, FARMCs, the private sector and other agencies to ensure fishery and aquatic resources are judiciously and wisely utilized and managed sustainably and conserved for the benefit and enjoyment exclusively of Filipino citizens.
All fish and fishery products must have an auxiliary invoice issued by LGUs or authorized representatives prior to transport within the Philippines and/or export purposes, upon payment of a fee determined by the LGUs to defray administrative costs.
Municipal/city governments have jurisdiction over municipal waters as defined in the Code. They are responsible, in consultation with FARMCs, for management, conservation, development, protection, utilization and disposition of resources within municipal waters, including enforcing fishery laws, rules and valid fishery ordinances.
The local chief executive may authorize permits through an ordinance, for commercial fishing within 10.1 to 15 km from the shoreline in municipal waters, provided: no commercial fishing in municipal waters with depth less than seven fathoms (certified); fishing methods/gears consistent with national policies; prior consultation through public hearing with the M/CFARMC; and certification that vessel owner/employer/captain/crew have not violated the Code and environmental laws. In no case may authorization be granted for fishing in bays determined by the Department to be environmentally critical and during closed season.
LGUs maintain a registry of municipal fisherfolk (who are fishing or may desire to fish) to determine priorities, limit entry into municipal waters, and monitor fishing activities. It must be updated annually or as necessary and posted in barangay halls or strategic locations for public inspection to validate correctness and completeness.
An organization/cooperative member whose household already possesses another fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization/cooperative.
No person may operate a commercial fishing vessel (or pearl fishing vessel or vessel for commercial fishing purposes or to seek employment as fishworker) without first securing a license from the Department; the license period is prescribed by the Department, with limited exceptions for certain scientific/research educational activities under an international agreement.
A commercial fishing vessel license may be issued only to Philippine citizens, or partnerships/associations/cooperatives/corporations duly registered in the Philippines with at least 60% of capital stock owned by Filipino citizens. No license holder may sell/transfer/assign stock or interest to a non-qualified person; any such transfer is null and void and will not be registered in corporate/cooperative books.