Philippine Fisheries Code of 1998

Applies to all Philippine waters including territorial waters, EEZ, and continental shelf.
Covers all aquatic and fishery resources inland, coastal and offshore areas.
Includes all lands used for aquaculture and related fishery businesses.

Extensive definitions provided for key terms such as Ancillary Industries, Aquaculture, Aquatic Pollution, Municipal Waters, Fishing Gear, Fisherfolk, Fishery Management Areas, and many others.
Definitions ensure clarity and precision in application and enforcement of the law.

Exploitation of fishery resources reserved exclusively for Filipinos.
Research activities allowed under strict regulation.
License and fees to reflect resource rent; fees for municipal waters set by LGUs with FARMC recommendation.
Department issues licenses within limits of Maximum Sustainable Yield (MSY).
Preference is given to local communities nearest municipal waters.

Catch ceiling limitations may be imposed by the Secretary based on scientific evidence.
The Secretary may declare closed seasons with public notice for conservation.
Introduction of foreign aquatic species strictly regulated.
Protection measures for rare, threatened, endangered species including bans on fishing them.
Environmental Impact Statement and Compliance Certificate are mandatory prior to projects affecting the environment.

Monitoring, control and surveillance system established with LGUs, FARMCs, private sector, and other agencies.
Auxiliary invoices required for transport of fish and fishery products for traceability.

Municipal/city governments have jurisdiction over municipal waters.
LGUs, in consultation with FARMCs, responsible for management including ordinance enactment.
Preference to fisherfolk organizations/cooperatives in granting fishery rights.
Use of municipal waters restricted mainly to municipal fisherfolk; limited commercial fishing allowed under strict conditions.
Registry of municipal fisherfolk and vessels maintained for management.

Commercial fishing vessels must be licensed; license limited to Filipino citizens or entities with 60% Filipino ownership.
Registration, inspection, and documentation of fishing vessels regulated.
Fishing gears used commercially must be registered and licensed.
Renewal and transfer of licenses strictly regulated.
Fishing in international waters permitted under compliance with Philippine and international rules.
Importation/construction of fishing vessels requires Department approval.
Incentives provided to municipal and small-scale commercial fishers for credit, technology, and capability building.
Additional incentives for fishing in the EEZ, including tax and duty exemptions.

Public lands for fishery use not to be disposed or alienated.
Fishpond Leases capped at 50 hectares for individuals, 250 for corporations/cooperatives; renewable for 25 years.
Lease conditions include development performance, prohibition on subleasing, environmental obligations.
Code of Practice for Aquaculture to ensure environmentally sound operations.
Incentives and disincentives to promote sustainable aquaculture.
Reversion of abandoned/undeveloped fishponds to original mangrove state.
Registration required for fish hatcheries and private fishponds.

Comprehensive plan for post-harvest and ancillary industries including infrastructure and marketing.
LGUs coordinate establishment of post-harvest facilities.
Registration and licensing of post-harvest facilities mandatory.
Export/import regulated, with restrictions to protect domestic supply and biodiversity.
Standards set for weights, measures, and quality grades.

Created Undersecretary for Fisheries and Aquatic Resources position.
BFAR reconstituted as line bureau under Department of Agriculture.
BFAR functions include policy formulation, licensing, research, enforcement, technical assistance, monitoring fishery production.
Fisheries Inspection and Quarantine Service strengthened for import/export monitoring.

FARMCs established nationally and locally for fishery management.
National FARMC composed of government officials, fisherfolk, industry representatives, academe, NGOs.
FARMCs assist in policy formulation, planning, ordinance recommendations, enforcement assistance.
Integrated FARMCs manage resources across multiple LGUs.

Department may designate fishery reserves beyond 15 km from shore for government use.
Fish refuges and sanctuaries established to preserve habitat; restricted commercial fishing.
LGUs can establish sanctuaries in municipal waters with FARMC consultation.

National Fisheries Research and Development Institute (NFRDI) created.
NFRDI under Department and DOST network, serves as research arm of BFAR.
Governed by a board including government, academe, and private sector representatives.
Research objectives include income raise for fisherfolk, competitiveness, social research, technology transfer.

Unauthorized fishing or fishery activities punishable by fines, imprisonment, license revocation, and confiscation.
Foreign fishing vessels prohibited; heavy fines and confiscation imposed.
Prohibited methods include explosives, poisons, electricity; harsh penalties apply.
Use of fine mesh nets, active gear in municipal waters, coral exploitation, destructive fishing methods banned with penalties.
Illegal use of lights, mangrove conversion, fishing in overfished or protected areas penalized.
Export/import of breeders, spawners, eggs, fry regulated and violations penalized.
Obstruction of migration paths and fishery law enforcement officers punished.
Administrative orders issued for regulation enforcement.

Fisherfolk settlement areas may be established; ownership not vested.
Establishment of various fishery funds for grants, loans, vessel development, technology support.
Professionalization of Fisheries graduates through board examination.
Upgrading fisheries educational institutions and inclusion of conservation subjects mandated.
Nationwide educational campaigns and infrastructure development for fisheries promoted.
Extension services and protection of technical data mandated.
Enforcement authority extended to multiple agencies and deputized persons.
DOJ to strengthen prosecution and conviction of violators.
Foreign aid regulated to align with national interests.
Mandatory congressional review every five years.

Moratoria on commercial fishing licenses may be declared for conservation.
Inter-agency committee created to formulate implementing rules and regulations.
Appropriations provided; conflicting laws repealed.
Separability clause to sustain valid provisions if any part is declared invalid.
Effectivity fifteen days after publication.