Rules on Commercial Fishing Licensing

Legal Basis and Covered Authority

Republic Act No. 8550 (Philippine Fisheries Code of 1998) authorizes the promulgation of these commercial fishing licensing rules through its cited provisions: Sections 3, 6, 18, 26, 27, 29, 30, 31, 32, 33, 38, 39, 65, and 86.
BFAR licensing is treated as a statutory requirement for commercial fishing operations in Philippine waters.
Enforcement powers are implemented through rules that support inspection, boarding, sample taking, and clearance verification carried out by fishery law enforcers.
License cancellation and penalties operate as administrative and criminal consequences tied to violations of fishery laws and license conditions.

Policy: Commercial Fishing Licensing Controls

The rules establish that no person shall operate a commercial fishing vessel in Philippine waters without a license duly granted by the Bureau (Section 2).
The rules regulate the licensing system through a combined vessel-and-gear framework known as CFVGL (Section 1).
The rules ensure compliance through fees, cash bond deposits, periodic inspection, record-keeping, clearances, and licensing validity limits (Sections 7, 8, 9, 10, 14, 22, 28).
The rules protect fisheries management goals through restrictions on operations in reserved or restricted areas and through enforcement actions that include confiscation and automatic revocation (Sections 25 and 32).

Key Definitions and License Concepts

“Person” means a natural or juridical entity, including individuals, associations, partnerships, cooperatives, or corporations (Section 1).
“Fishing Gear License” is the document issued by BFAR permitting the kind of fishing gear to be used in fishing operations in Philippine waters (Section 1).
“Fishing Vessel License” is the document issued by BFAR permitting a vessel to conduct fishing operations in Philippine waters (Section 1).
“Fisherworker License” is the document issued through BFAR for qualified fisherfolk who seek employment as fisherworker or pearl diver (Section 1).
“Fishing” is the taking of fishery species from their wild state or habitat, with or without the use of a fishing vessel (Section 1).
“Commercial Fishing” is defined as taking fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, classified as:
- Small scale commercial fishing: vessels of 3.1 GT up to 20 GT;
- Medium scale commercial fishing: active gears and vessels of 20.1 GT up to 150 GT;
- Large scale commercial fishing: active gears and vessels of more than 150 GT (Section 1).
“Fishing Gear” is any instrument or device and its accessories used in taking fishery species, including:
- Active fishing gear (e.g., trawl, purse seine, Danish seine, bag nets, pa-aling, drift gill net, tuna longline);
- Passive fishing gear (e.g., hook and line, fishpots, traps, gill nets set across the part of the fish) (Section 1).
“Fishing vessel” is any boat, ship, or watercraft equipped to be used for taking fishery species or aiding other vessels in activities relating to fishing, including preservation, supply, storage, refrigeration, transportation, and/or processing (Section 1).
“CFVGL” refers to the Commercial Fishing Vessel and Gear License (Section 1).
“Certificate of Clearance” is a document issued to owners/operators of duly licensed commercial fishing vessels before departure from homeport for any port to the fishing ground (Section 1).
“Fishworker” is a person employed in commercial fishing and related industries on wage, profit-sharing, or stratified sharing basis, including persons working in fish pens/cages/corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boats/trawlers, and fish processing/packing plants, excluding administrators, security guards, and overseers (Section 1).
“Department” means the Department of Agriculture; “Secretary” means the Secretary of the Department; “Bureau” means BFAR; “Director” means the Director of BFAR (Section 1).

Licensing Requirement and Eligibility

Section 2 provides that no person shall operate a commercial fishing vessel in Philippine waters without a license duly granted by the Bureau.
A license is not required for a fishing vessel engaged in scientific, research or educational purposes within Philippine waters pursuant to an international agreement in which the Philippines is a signatory, where the agreement defines the status, privileges, and obligations of the vessel and crew and the non-Filipino official of the international agency operating under it (Section 2).
A commercial fishing vessel with a commercial vessel license may begin fishing operations only after the fishing gears to be used are registered and the corresponding license is issued by BFAR (Section 2).
Section 3 limits eligibility to apply for CFVGL to:
- Philippine citizens; and
- Corporations, partnerships, associations, or cooperatives duly registered in the Philippines with at least sixty percent (60%) of the capital stock owned by Filipino citizens.

Applications, Requirements, and Vessel/Gear Licensure

An application for CFVGL is filed with the Office of the Director, or the Fisheries Regional Office, or the Provincial Fishery Office that has jurisdiction over the vessel’s homeport (Section 4).
For a new commercial fishing vessel license, the applicant must submit:
- A duly accomplished BFAR application for fishing vessel license;
- Two (2) copies of 8a x 10a vessel pictures showing the port, starboard and name of the vessel;
- A grid map indicating the proposed fishing ground/s;
- Original or authenticated photocopies of:
  - Certificate of Vessel Registry (CVR);
  - Certificate of Ownership (CO); and
  - Current Certificate of Inspection (CI);
- Approved Articles of Incorporation and By-Laws (for corporations) whose primary or secondary purpose is to engage in fishing, or business name registration/certificate for single proprietorship or partnership to accompany the applicant’s first vessel to be licensed;
- A fishing logbook for catcher vessel, for BFAR registration and approval upon payment of the registration fee of fifty pesos (P50.00) (Section 5).
For a gear license, the applicant must submit:
- Duly accomplished BFAR registration forms for gear license (2 copies);
- A drawing of gear design and specifications showing the mouth, body and bunt/bag of the fishing gear;
- Official receipt of CFVL fee; and
- Official receipt of Fishing Gear Registration (FGR) fee (Section 6).
Inspection of the fishing vessel (catcher) and fishing gear is annual, and the request must be made three (3) days before the actual inspection (Section 7).

Fees, Cash Bonds, License Validity, Renewal, Display

The application for Commercial Fishing Vessel License (CFVL) and the registration of the fishing gear (RFG) requires:
- Four Hundred (P400.00) for CFVL application; and
- Two Hundred (P200.00) for RFG,
- payable to BFAR and non-transferable and non-refundable (Section 8).
Annual license fees paid to BFAR are computed as follows (Section 9):
- Commercial Fishing Vessel License:
  - 3.1 to 20.0 GT: P200.00 + P2.00/GT or a fraction thereof
  - 20.1 to 50.0 GT: P250.00 + P2.00/GT or a fraction thereof
  - 50.1 to 100.0 GT: P300.00 + P2.00/GT or a fraction thereof
  - 100.1 to 125.0 GT: P500.00 + P3.00/GT or a fraction thereof
  - 125.1 to 150.0 GT: P1,000.00 + P3.00/GT or a fraction thereof
  - 150.1 to 250.0 GT: P1,500.00 + P3.00/GT or a fraction thereof
  - 250.1 and above: P2,500.00 + P4.00/GT or a fraction thereof
- Gear License (per year):
  - Small-scale: P200.00
  - Medium-scale: P400.00
  - Large-scale: P600.00
Before issuance, the applicant must post a cash bond deposit to BFAR as a guaranty of good faith and compliance, and the deposit is non-transferable, in these amounts (Section 10):
- 3.0 to 20 GT: P250.00
- 20.1 to 50 GT: P350.00
- 50.1 to 75 GT: P450.00
- 75.1 to 100 GT: P550.00
- 100.1 to 150 GT: P650.00
- 150.1 to 250 GT: P750.00
- 250.1 to 500 GT: P850.00
- 500.1 GT and above: P950.00
BFAR’s Director may forfeit the cash bond deposit in favor of the government upon cancellation of the license for cause (Section 11).
The cash bond deposit is refundable upon request by the licensee, assignees, heir/s, or administrators, after submission of the original Official Receipt, or an Affidavit for loss of the receipt, together with a letter stating the reason for refund (Section 12).
The CFVGL is valid for three (3) years from the date of issuance unless suspended, revoked, terminated, or cancelled sooner for cause (Section 14).
Renewal of CFVGL must be filed within sixty (60) days before expiration and requires submission of all of the following (Section 15):
- Duly accomplished BFAR application forms for CFVGL;
- Original or authenticated copy of the current/valid Certificate of Inspection (CI) issued by MARINA/Philippine Coast Guard;
- Fishing logbook report/catch effort report;
- Duly notarized certification/affidavit from the company that the vessel is not involved in any administrative and/or judicial case;
- Annual inspection report; and
- Official receipt of payment for CFVGL;
- An affidavit stating the operator has complied with Section 25 of RA 8550.
Renewal filings for vessels with homeports within a particular Regional Office jurisdiction are filed in that Regional Office, and the vessel must be made available for inspection by BFAR when:
- the vessel is in Metro Manila; or
- the vessel is in the Region (Section 15).
The CFVGL must be framed and displayed in conspicuous places aboard the fishing boat, ready for easy inspection, and BFAR issues an additional duplicate copy as the owner’s copy (Section 16).

Transfers, Ownership Changes, and Vessel Use Limits

Within ten (10) days after transfer of ownership, the owner/operator of a duly licensed commercial fishing vessel must notify the Department through BFAR in writing of the transfer and provide a copy of the document, to a qualified transferee (Section 17).
A licensee of any fishing vessel and gear involved in any judicial or administrative case must not transfer, lease, or assign interest thereon during the existence of the case (Section 18).
The CFVGL must be surrendered at any point when the fishing vessel is used for purposes other than fishing or is converted to another activity (Section 13).

International Fishing: Permit and Clearance

Philippine registry fishing vessels licensed to operate in Philippine waters may operate in international waters or waters of other countries allowing such operations, provided they comply with safety, manning, and other requirements of Maritime Industry Authority and other concerned agencies (Section 19).
Such vessels must secure an international fishing permit and Certificate of Clearance from BFAR (Section 19).
Fish caught by these vessels are treated as caught in Philippine waters and are not subject to all import duties and taxes only when landed in duly designated fish landings and fish ports in the Philippines (Section 19).
The international fishing permit is valid for three (3) years from the date of issuance unless suspended, revoked, terminated, or cancelled sooner for cause (Section 19).
An international fishing permit and Certificate of Clearance require that the applicant be an owner/operator with CFVGL and submit:
- a letter of intent to fish in international waters;
- a duly accomplished BFAR application form;
- original copy of the CFVGL;
- Application Fee of P1,000.00; and
- Permit Fee of P1,500.00 (Section 20).

Importation and New Boats Clearance

Prior to importation of fishing vessels and/or construction of new fishing vessels, BFAR approval/clearance must be obtained first (Section 21).

Catch Record Books and Registration

The owner, licensee, master, or person-in-charge must keep a record book on board reflecting catch data including fish catch, fishing area, quantity in tubs/boxes or other containers in kilograms, spoilage, landing point, transshipment, and/or other means of disposal for five (5) years from the last entry (Section 22).
Entries must be made within twenty-four (24) hours after catch and must be written legibly in ink or ballpen (Section 22).
Record books must be registered with consecutively numbered pages, kept intact with no missing pages/numbers, and presented to the Director or authorized representatives for registration upon payment of a registration fee of Fifty (P50.00) pesos for each book (Section 23).
Registration approval is indicated inside the cover opposite the first page as:
- “Approved in accordance with the Fisheries Administrative Order No. ______ consisting of _____ pages.”
- “Director of Fisheries and Aquatic Resources”
- “Registration Fee: ____”
- “O.R. No. ____”
- “Date: ____” (Section 23).
Record books must be kept on board at all times and presented upon demand by duly authorized fishery law enforcers, except when the boat is drydocked or undergoing repairs and not operating (Section 24).

Operational Restrictions and Enforcement Powers

Commercial fishing is prohibited in Philippine waters declared as reserved or restricted areas under existing fishery laws, rules, and regulations (Section 25).
The Director or any duly authorized fishery law enforcement officer may not be obstructed or hindered from lawfully boarding fishing vessels—licensed or not—to inspect fish holds/boxes and investigate persons found therein (Section 26).
Fishery law enforcement officers may take fish samples for examination, up to a quantity of not more than one (1) kilo, or only (1) fish if it weighs more than a kilo, for on-the-spot or scientific examination to determine whether the fish was caught using explosives or poisonous or obnoxious substances; the receipt with identified samples in vernacular, English, and/or scientific names must be countersigned by the owner/possessor (Section 27).

Clearance System and Fishworker Cards

No fishing boat may depart from homeport or any port of departure to the fishing ground without securing a prescribed Certificate of Clearance from the Regional Office or Provincial Office (Section 28).
A Certificate of Clearance is issued only upon actual inspection and verification of the fishing vessel (Section 28).
A Certificate of Clearance is valid for one (1) month from issuance, and the fee is One Hundred Pesos (P100.00) regardless of tonnage and number of voyage (Section 29).
BFAR Regional Director issues a fishworker identification card free of charge upon submission of required documents including a Community Tax Certificate, 2 copies of 1a by 1a picture, and Barangay clearance (Section 30).

Licensing Cancellation Grounds and Penalties

The CFVGL may be cancelled or revoked on any of the following grounds (Section 31):
- Violation of existing fishery laws, decrees, letters of instructions, or their implementing rules and regulations;
- Non-compliance with the terms and conditions of the license;
- False or fraudulent statements in the application made by the applicant or representative; or
- When public interest so requires.
Upon conviction, any commercial fishing vessel captain or the three (2) highest officers of the vessel who commit any of the above prohibited acts is punished by:
- a fine equivalent to the value of catch or Ten Thousand Pesos (P10,000.00), whichever is higher, and
- imprisonment of six (6) months,
- with confiscation of catch and fishing gears and automatic revocation of the CFVGL (Section 32).

Repeals and Separability

Inconsistent administrative orders, rules, and regulations are repealed (Section 33).
The rules take effect fifteen (15) days after publication as stated under the effectivity clause (Section 34).