Policy and management orientation
- The State declares policy to ensure the rational and sustainable development, management and conservation of fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with maintaining a sound ecological balance and protecting/enhancing environmental quality.
- The State commits to international cooperation and conventions to conserve and manage threatened aquatic species, straddling and highly migratory fish stocks, and other living marine resources.
- The State adopts the precautionary principle and manages fisheries and aquatic resources using an ecosystem-based approach to fisheries management and integrated coastal area management in specific natural fishery management areas, supported by research, technical services, and guidance provided by the State.
Coverage and application rules
- The fisheries code provisions are enforced in all Philippine waters, including other waters over which the Philippines has sovereignty and jurisdiction, and within the 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf.
- The code applies to all aquatic and fishery resources in inland, coastal, or offshore fishing areas, including fishponds and fish pens/cages.
- The code applies to all lands devoted to aquaculture and to businesses and activities relating to fishery, whether private or public.
- The code applies to all Philippine-flagged fishing vessels operating in areas governed by an RFMO, in the high seas, or in waters of other coastal states.
Key definitions established
- “Community Service” means services or activities performed for the benefit of the community or its institutions in lieu of payment of fine imposed as administrative or criminal penalty.
- “Conservation and Management Measures” means measures to conserve and manage living marine resources adopted and applied consistently with rules of international law reflected in conventions, RFMO resolutions, and laws of other coastal states where Philippine-flagged vessels fish.
- “Distant Water Fishing” means fishing in the high seas or in the waters of other states.
- “Fisheries Observer” refers to a person authorized by the Philippine government or under an RFMO observer program to collect scientific, technical, or fishing-related data and other information required by government or the RFMO, including compliance with conservation and management measures.
- “Fishing Vessel/Gear License” means a permit to operate specific types of fishing vessel/gear for a specific duration in areas beyond municipal waters for demersal or pelagic fishery resources.
- “Fishing Gear” means any instrument or device and its accessories used in taking fish and other fishery species.
- Active fishing gear is characterized by pursuit of the target species (examples include trawl, purse seines, Danish seines, and paaling and drift gill net).
- Passive fishing gear is characterized by absence of pursuit (examples include hook and line, fishpots, traps, and gill nets set across the path of the fish).
- “Fishing Light Attractor” means a fishing aid employing lights using specified light sources and attached above water or suspended underwater to attract fish and their food-chain members to harvest them.
- “Harvest Control Rules” means actions to achieve a target reference point while avoiding breaching a limit reference point.
- “Illegal Fishing” means fishing by Philippine fishing vessels in violation of Philippine laws, RFMO resolutions, and laws of other coastal states.
- “Marine Protected Area” means a defined sea area established and set aside by law, administrative regulation, or other effective means to conserve and protect a part or all of the enclosed environment through management guidelines, including areas governed by specific rules or guidelines.
- “Port State Measures” are requirements/interventions by port states that a Philippine-flagged or foreign fishing vessel must comply with as a condition for the use of ports.
- “Reference Points” are benchmark values based on indicators (such as stock size or fishing mortality) used to compare estimates over time, marking a limit, target, or trigger.
- “Regional Fisheries Management Organization (RFMO)” is a multilateral organization coordinating management and establishing conservation and management measures for highly migratory fish stocks, straddling stocks, and other high seas species.
- “Serious Violation” means any of the listed violations, including: fishing without a valid license/authorization/permit; unreported or misreported catch; fishing in closed areas/seasons; fishing of prohibited species; use of prohibited gear/methods; falsifying/concealing/tampering vessel markings/identity/registration; concealing/tampering/disposing evidence; assaulting/resisting/intimidating/harassing/seriously interfering with/unduly obstructing/delaying an enforcer/inspector/observer or other authorized officer; intentionally tampering with or disabling a vessel monitoring system; and committing multiple violations constituting serious disregard.
- “Superlight” (also called magic light) means a type of light using halogen or metal halide bulb with components including ballast, regulator, electric cable and socket powered by a generator/battery/dynamo coupled with the main engine.
- “Transhipment” means transfer of all or any fish or fishery product from one fishing vessel to another.
- “Unregulated Fishing” includes: vessels without nationality operated by Filipino and/or Filipino corporations; Philippine-flagged vessels operating in RFMO-managed areas where the Philippines is not a party; or Philippine-flagged vessels operating where there are no applicable conservation and management measures.
- “Unreported Fishing” includes fishing not reported or misreported to the Department in contravention of Philippine laws/regulations, or undertaken in RFMO areas not reported/misreported in contravention of RFMO reporting procedures.
Licensing, access, and harvest management
- The Department must issue licenses and permits for fishery activities subject to harvest control rules and reference points determined by scientific studies or best available evidence.
- Preference must be given to resource users in local communities adjacent or nearest to the municipal waters.
- The Secretary may establish reference points and harvest control rules in a fishery management area or for a fishery.
- Harvest Control Rules and Reference Points may be established in municipal waters, fishery management areas, and waters under special agencies’ jurisdiction only upon concurrence and approval or recommendation of the special agency and concerned LGU, in consultation with FARMCs, for conservation/ecological purposes.
Fees and licensing charges
- Rentals for fishpond areas covered by Fishpond Lease Agreements (FLA) and other tenurial instruments and commercial fishing vessel license fees must reflect resource rent and are determined by the Department.
- The Department must prescribe fees and other fishery charges and issue corresponding licenses/permits for fishing gear, fishing accessories, and other fishery activities beyond municipal waters.
- For activities in municipal waters, license fees are determined by LGUs in consultation with FARMCs, and FARMCs may recommend appropriate license fees.
Monitoring, control and surveillance framework
- The Department must establish a Monitoring, Control and Surveillance (MCS) system coordinated with LGUs, FARMCs, the private sector, and other agencies to ensure sustainable and judicious use and management of fisheries and aquatic resources in Philippine waters.
- The MCS system must encompass all Philippine-flagged fishing vessels regardless of fishing area and the final destination of the catch.
Fishing vessel administration: renewal and transfers
- A Commercial Fishing Vessel License must be renewed every three (3) years.
- Vessel owners/operators must renew within sixty (60) days prior to the license expiration.
- An owner/operator of a registered fishing vessel must notify the Department in writing of intent to transfer ownership within ten (10) days before the intended transfer.
- Failure to notify does not extinguish any existing or pending sanction or liability related to the vessel.
Distant water fishing conditions
- Philippine registry fishing vessels may engage in distant water fishing if they comply with safety, manning, and other requirements of the Philippine Coast Guard, Maritime Industry Authority, and other agencies.
- They must secure a fishing permit, gear license, and other clearances from the Department.
- Fish caught by such vessels are treated as caught in Philippine waters only when landed in duly designated fish landings and fish ports in the Philippines.
- Landing ports established by canneries, seafood processors, and fish landing sites established before the Act’s effectivity are treated as authorized landing sites.
- Fishworkers on board Philippine-registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered overseas Filipino workers.
- Distant water fishing vessels must comply with MCS requirements, conservation and management measures, and fishing access conditions of the Department, the RFMO, or other coastal states.
Department approvals before new construction
- Before importation or construction of new fishing vessels or gears, or before conversion into a fishing vessel, approval/clearance from the Department is required to manage fishing capacity.
Reportorial requirements
- Each commercial fishing vessel must keep a daily record of: fish catch and spoilage, landing points, and quantity and value of fish caught, and fish off-loaded for transhipment/sale/other disposal.
- Detailed information must be certified by the vessel’s captain and transmitted to BFAR within the period prescribed in implementing rules and regulations promulgated by the Department.
- Failure to comply results in administrative and penal sanctions.
Port State Measures and transhipment regulation
- The Department is authorized to adopt Port State Measures foreign fishing vessels must comply with.
- Port State Measures must 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 documentation requirements; port inspections; and other related measures.
- Transhipment by Philippine-flagged fishing vessels must be regulated by the Department consistently with the Philippines’ commitments to conventions and international agreements.
Lighting and gear limits
- The Department must regulate the number and candle light power or intensity of superlight and fishing light attractor used in commercial fishing vessels.
- Use of superlight is banned within municipal waters and bays.
- Use of fishing light attractor in municipal waters is regulated by LGUs.
Trade-related controls
- The Department sets standards for weights, volume, quality, and other measurements for all fishery transactions and trade.
- All fish and fishery products for export, import, and domestic consumption must meet quality grades/standards and labeling and information requirements determined by the Department.
- LGUs must penalize, by ordinance, fraudulent practices and unlawful possession or use of instruments of weights and measures.
- The Department may prescribe trade-related measures to reduce or eliminate trade in fishery products derived from IUU fishing.
BFAR functions and enforcement roles
- BFAR must prepare and implement a Comprehensive National Fisheries Industry Development Plan.
- BFAR must formulate and implement rules for conservation and management of straddling fish stocks, highly migratory fish stocks, and threatened living marine resources (including sharks, rays and ludong) in the Philippine EEZ, territorial sea, archipelagic and internal waters, in coordination with LGUs and integrated/municipal/city Fisheries and Aquatic Resources Management Councils.
- BFAR must 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 RFMO and Department conservation and management measures.
- BFAR must implement boarding and inspection protocols for Philippine-flagged vessels to curb IUU fishing and ensure compliance with international treaty obligations on food safety and conservation/management measures.
- BFAR must adopt MCS and traceability for municipal fishing vessels supplying exporters, with concurrence of the LGUs.
- BFAR must 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 LGUs and FARMCs.
- BFAR must require performance bonds and impose and collect reasonable fees and charges for laboratory services, inspection, deployment of fisheries observers, and catch documentation and validation, considering cost recovery and socioeconomic impact, and only after prior consultation with stakeholders.
- BFAR must hear and decide administrative cases.
- BFAR must determine appropriate levels of administrative and other sanctions, particularly for serious violations, depriving offenders of economic benefits from violations.
- BFAR must initiate criminal prosecution of offenses committed in violation of the Code regardless of the situs.
- BFAR must perform other related functions promoting development, conservation, management, protection, and utilization of fisheries and aquatic resources.
Prohibitions and penalties (Chapter VI)
- Unauthorized Fishing (Section 86) is prohibited.
- It is unlawful to capture or gather, or cause capture/gathering of fish, fry or fingerlings of any fishery species or fishery products without a license or permit from the Department or LGU.
- It is also unlawful for any commercial fishing vessel to fish in municipal waters, except as specified in the Code.
- Discovery of a person in possession of fishing gear or operating a vessel in an unlicensed area creates a prima facie presumption of unauthorized fishing.
- Fishing for daily food sustenance or for leisure for non-commercial, non-occupation, non-livelihood purposes may be allowed.
- Upon a summary finding of administrative liability, the boat captain, the three (3) highest officers of the commercial fishing vessel, and the owner/operator who violate shall face confiscation of catch and gear, and an administrative fine of five (5) times the value of the catch or the following amounts, whichever is higher:
- P50,000.00 to P100,000.00 for small-scale commercial fishing
- P150,000.00 to P500,000.00 for medium-scale commercial fishing
- P1,000,000.00 to P5,000,000.00 for large-scale commercial fishing
- Upon conviction by a court, the boat captain and the three (3) highest officers face imprisonment of six (6) months plus confiscation of catch and gear and a fine equal to twice the administrative fine.
- It is also unlawful for persons not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters.
- Upon summary administrative liability for municipal-water unlisted commercial fishing, the offender faces an administrative fine equivalent to twice the value of catch or P5,000.00, whichever is higher, and confiscation of catch and fishing gear; if the offender fails to pay, the offender must render community service.
- Engaging in Unauthorized Fisheries Activities (Section 87) is prohibited.
- It is unlawful to exploit, occupy, produce, breed or culture fish, fry or fingerlings, or construct and operate fish corrals, traps, pens/cages, or fishponds without a license, lease, or permit.
- Discovery of such activity without a lease/license/permit creates a prima facie presumption of unauthorized fisheries activity.
- Upon summary administrative liability, the offender faces an administrative fine of P500,000.00 to P1,000,000.00, dismantling/removal at the offender’s expense, rehabilitation of the affected area, and confiscation of stocks.
- Upon conviction, the offender faces imprisonment of six (6) months, a fine equivalent to twice the administrative fine, plus dismantling/removal at the offender’s expense, rehabilitation, and confiscation of stocks.
- Failure to Secure Fishing Permit Prior to Distant Water Fishing (Section 88) is prohibited.
- It is unlawful to fish in the high seas, 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.
- Possession of fishing gear or operating in those areas without the required permit/authorization creates a prima facie presumption of violation.
- It is also unlawful for an owner/operator and the three (3) highest officers to commit acts contrary to the terms and conditions in the fishing permit or promulgated by the Department.
- Upon summary administrative liability, they face confiscation of catch and gear and an administrative fine equivalent to five (5) times the value of catch or the following amounts, whichever is higher:
- P2,000,000.00 to P9,000,000.00 for small-scale commercial fishing
- P10,000,000.00 to P15,000,000.00 for medium-scale commercial fishing
- P16,000,000.00 to P20,000,000.00 for large-scale commercial vessels less than 750 gross tons, and P25,000,000.00 to P45,000,000.00 for large-scale vessels 750 gross tons or more
- Upon conviction, the three (3) highest officers face imprisonment of six (6) months plus a fine equal to twice the administrative fine and confiscation of catch and gear.
- Unreported Fishing (Section 89) is prohibited.
- It is unlawful to engage in unreported fishing or fail to comply with Section 38 reportorial requirements.
- Upon summary administrative liability for unreported fishing within national jurisdiction, the owner/operator of the municipal or commercial fishing vessel and the three (3) highest officers face an administrative fine equivalent to the value of catch or the following, whichever is higher:
- P5,000.00 for municipal fishing; if unpaid, must render community service
- P100,000.00 for small-scale commercial fishing
- P200,000.00 for medium-scale commercial fishing
- P500,000.00 for large-scale commercial fishing
- For unreported fishing beyond national jurisdiction, the owner/operator and three (3) highest officers face an administrative fine of five (5) times the value of catch or the following amounts, whichever is higher:
- P2,000,000.00 to P9,000,000.00 for small-scale
- P10,000,000.00 to P15,000,000.00 for medium-scale
- P16,000,000.00 to P20,000,000.00 for large-scale vessels less than 750 gross tons, and P25,000,000.00 to P45,000,000.00 for 750 gross tons or more
- Upon conviction, the three (3) highest officers face imprisonment of six (6) months, fine equal to twice the administrative fine, and confiscation of catch and gear.
- Unregulated Fishing (Section 90) is prohibited.
- It is unlawful to engage in unregulated fishing within and beyond national jurisdiction.
- Upon summary administrative liability within national jurisdiction, the owner/operator and three (3) highest officers face confiscation of catch and gear and an administrative fine of the value of catch or the following, whichever is higher:
- P5,000.00 for municipal fishing; if unpaid, must render community service
- P100,000.00 for small-scale commercial fishing
- P200,000.00 for medium-scale commercial fishing
- P500,000.00 for large-scale commercial fishing
- For unregulated fishing beyond national jurisdiction, they face confiscation of catch and gear and an administrative fine of five (5) times the value of catch or the following amounts, whichever is higher:
- P2,000,000.00 to P9,000,000.00 for small-scale
- P10,000,000.00 to P15,000,000.00 for medium-scale
- P16,000,000.00 to P20,000,000.00 for large-scale vessels less than 750 gross tons, and P25,000,000.00 to P45,000,000.00 for 750 gross tons or more
- Upon conviction, the three (3) highest officers face imprisonment of six (6) months, a fine equal to twice the administrative fine, and confiscation of catch and gear.
- Poaching in Philippine Waters (Section 91) is prohibited.
- It is unlawful for any foreign person, corporation, or entity to fish or operate any fishing vessel in Philippine waters.
- Entry of any foreign fishing vessel in Philippine waters creates a prima facie presumption that the vessel is engaged in fishing in Philippine waters.
- Upon summary administrative liability, the offender faces an administrative fine of US$600,000.00 to US$1,000,000.00 or its equivalent in Philippine currency.
- Upon conviction, the offender faces a fine of US$1,200,000.00 or its equivalent, plus confiscation of catch, fishing equipment, and fishing vessel.
- If caught within internal waters: additional penalty of imprisonment of six (6) months and one (1) day to two (2) years and two (2) months.
- If apprehended for a second time within internal waters: imprisonment of three (3) years and a fine of US$2,400,000.00 or its equivalent.
- No foreign person shall be deported without payment of imposed judicial and/or administrative fines and service of sentence, if any.
- Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity (Section 92) is prohibited.
- It is unlawful to catch, take, or gather, or cause catching/taking/gathering, of fish or fishery species in Philippine waters using explosives, noxious or poisonous substances (example: sodium cyanide), or methods that kill/stun/disable/render unconscious fish.
- The Department may allow, subject to safeguards/conditions and endorsement from concerned LGUs, use of poisonous/noxious substances for research, educational or scientific purposes only.
- Use of poisonous/noxious substances to eradicate predators and pests in fishponds under accepted scientific practices without adverse environmental impact in neighboring waters/grounds is not illegal fishing.
- Discovery of dynamite, other explosives, chemical compounds with combustible elements, noxious/poisonous substances, or equipment/device for electrofishing creates a prima facie presumption these were used for illegal fishing.
- Discovery in a fishing vessel of fish caught/killed using explosives, noxious/poisonous substances, or electricity creates a prima facie presumption the fisherfolk/operator/boat official/fishworker is fishing using them.
- Upon summary administrative liability for actual use of explosives/noxious/poisonous substances: confiscation of catch (including illegally caught fish if co-mingled), gear, explosives, noxious/poisonous substances, or electrofishing devices/paraphernalia, plus an administrative fine equal to five (5) times the value of catch or the following, whichever is higher:
- P30,000.00 for municipal fishing
- P300,000.00 for small-scale commercial fishing
- P1,500,000.00 for medium scale commercial fishing
- P3,000,000.00 for large scale commercial fishing
- Upon conviction for actual use: imprisonment of five (5) to ten (10) years, confiscation of catch (including co-mingled), gear/explosives/substances or electrofishing devices/paraphernalia, and a fine equal to twice the administrative fine, without prejudice to separate criminal cases for physical injury or loss of human life.
- Actual use of electrofishing devices for illegal fishing is punished with imprisonment of six (6) months and a fine of P5,000.00.
- Possession of explosives and noxious/poisonous substances for illegal fishing is prohibited.
- Upon summary administrative liability for possession for illegal fishing: confiscation of catch and gear and an administrative fine equal to five (5) times the value of catch or the following, whichever is higher:
- P10,000.00 for municipal fishing
- P100,000.00 for small-scale commercial fishing
- P500,000.00 for medium scale commercial fishing
- P1,000,000.00 for large scale commercial fishing
- Upon conviction for possession for illegal fishing: imprisonment of six (6) months to two (2) years, a fine equal to twice the administrative fine, and confiscation of catch and gear.
- Use of Fine Mesh Net (Section 93) is prohibited.
- Fishing using nets with mesh smaller than that determined by the Department is unlawful.
- The prohibition does not apply to gathering fry, glass eels, elvers, tabios, alamang, and other species naturally small but already mature, as identified in implementing rules.
- Discovery of a fine mesh net creates a prima facie presumption of fishing using fine mesh net.
- Upon summary administrative liability, the Department penalizes:
- commercial: owner/operator/captain/master fisherman
- municipal: municipal fisherfolk
- Penalties include confiscation of catch and gear and an administrative fine equal to three (3) times the value of catch or the following, whichever is higher:
- P20,000.00 for municipal fishing; if unpaid, must render community service
- P50,000.00 for small-scale commercial fishing
- P100,000.00 for medium-scale commercial fishing
- P200,000.00 for large-scale commercial fishing
- Upon conviction: imprisonment of six (6) months to two (2) years, a fine equal to twice the administrative fine, and confiscation of catch and gear.
- Fishing in Overexploited Fishery Management Areas (Section 94) is prohibited.
- Fishing in fishery management areas declared as overexploited is unlawful.
- Upon summary administrative liability, the offender faces confiscation of catch and fishing gears and an administrative fine equal to three (3) times the value of catch or P20,000.00 (municipal), whichever is higher; and analogous multiples/amounts for other scales:
- municipal: three (3) times or P20,000.00
- small-scale: five (5) times or P100,000.00
- medium-scale: five (5) times or P300,000.00
- large-scale: five (5) times or **