Question & AnswerQ&A (Republic Act No. 8550)
Republic Act No. 8550 is known as "The Philippine Fisheries Code of 1998."
The primary policy objective is to achieve food security through the sustainable utilization, management, development, conservation, and protection of fishery resources to meet the food needs of the population.
Filipino citizens are given exclusive rights to utilize the fishery and aquatic resources of the Philippines.
Municipal waters include streams, lakes, inland bodies of water and tidal waters within the municipality that are not protected areas or public forests, as well as marine waters between two lines perpendicular to the coastline up to 15 kilometers offshore, including offshore islands, with special provisions for municipalities less than 30 kilometers apart.
Penalties include a fine equivalent to the value of the catch or at least P10,000, imprisonment for six months, confiscation of catch and fishing gears, and automatic revocation of fishing license for commercial fishing vessels.
It is unlawful for any foreign person or vessel to fish or operate in Philippine waters. Violations result in fines of US$100,000, confiscation of catch, equipment, and vessel. The Department may impose administrative fines between US$50,000 and US$200,000.
FARMCs are created at national, municipal/city, and integrated levels to assist in fishery resource management, policy formulation, enforcement, and development in cooperation with the Department and local government units.
The Code applies to all Philippine waters including the 200-nautical mile Exclusive Economic Zone (EEZ), all aquatic and fishery resources inland, coastal, and offshore, fishponds, fish pens/cages, and lands devoted to aquaculture whether public or private.
Commercial fishing is the taking of fishery species by passive or active gear for trade, business, or profit beyond subsistence or sports fishing, classified as small-scale, medium-scale, or large-scale based on vessel gross tonnage.
The use of active fishing gear in municipal waters, bays, and other fishery management areas is prohibited. Violators face imprisonment from two to six years and fines from P2,000 to P20,000 plus confiscation of catch.
No foreign aquatic species shall be introduced into Philippine waters without scientific justification and compliance with bio-safety standards. The Department may approve introductions for research purposes.
Obstruction is punishable by imprisonment from seven to twelve years and/or fines from P50,000 to P100,000, cancellation of permits/licenses, dismantling of the obstruction at the offender's expense, and confiscation.
The Secretary may impose catch ceilings and declare closed seasons in specified waters for conservation and ecological purposes, in coordination with LGUs and FARMCs.
Municipal fisherfolk and their organizations/cooperatives are given priority and preference in the utilization of municipal waters and in the grant of fishery rights.
Possession results in imprisonment from six months to two years, actual use results in five to ten years imprisonment, plus forfeiture of vessels, equipment, and catch, with separate criminal cases for any injury or death caused.