Philippine Fisheries Code: After 16 Years

A Report on The Philippine Fisheries Code of 1998 (RA 8550)

By Kristian Jacob Abad Lora


September 2014

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Prepared by:
Kristian Jacob Abad Lora
Juris-Doctor 2
College of Law
University of Cebu

In partial fulfillment of the requirements in
Natural Resources and Environmental Law (JD 218)
A.Y. 2014-2015

Submitted to:
Atty. Gloria Estenzo-Ramos
Instructor
College of Law
University of Cebu

September 13, 2014

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INTRODUCTION

The archipelagic feature of the Philippines does not only make the latter rich in terms of
agriculture but also in terms of marine resources. Located in the Pacific Basin, the Philippines
has long been recognized as the worlds epicenter of marine biodiversity. It is home to an
estimate of 5,000 species of clams, snails and mollusks488 species of corals[F]ive of the
seven sea turtle species known to exist in the worldand about 2,824 marine fish
speciesincluding 33 endemic species.
1

Such abundance of marine resources makes the fishing industry as one of the major
industries in the country. In fact, in 1991, the Philippines was recorded to be the 11
th
top fishing
nation in the world with an annual fisheries yield of around US$2.5 billion, which was estimated
to have contributed to 4.3% of the countrys gross domestic product (GDP).
2

However, the 1990s saw a decline of the fish catch around the country. The decline has
been attributed to overfishing mostly by commercial fishers.
3

Expectedly, this problem also affected the community of those who largely depend on
the fishing industry. Alalala.
4

Although several laws on fisheries have already been enacted, the Philippines deemed it
best to enact a more comprehensive fishery law that would best serve the interest of the
society, the economy and the marine ecosystem. Thus, on February 25, 1998, the Philippine
Congress enacted Republic Act (RA) 8550, also known as the Philippine Fisheries Code of
1998.
This report will, then, focus on and dissect the Philippine Fisheries Code, assess its
implementation for 16 years, point out the challenges of its enforcement and recommend ways
in its reinforcement so as to achieve its goals.

1
The Philippine Marine Biodiversity: A Unique World Treasure,
http://www.oneocean.org/flash/philippine_biodiversity.html
2
Alio, Porfirio, Overview of the Philippine Fisheries
3
Ibid.
4
Overfishing and PDP Mid-Term Review

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DISSECTING R.A. 8550

The Philippine Fisheries Code of 1998 (RA 8550) was crafted to replace the Marcosian
Presidential Decree (PD) 704 or the Fisheries Decree of 1975 which was the codification of prior
existing laws and regulations in fishery. It was a response to the trend of blind [marine]
resource exploitation
5
that was signified by the decline of national fish harvest in the 1990s.
Thus, the Code prioritizes food security as the overriding concern in protecting and conserving
fisheries resources, and institutionalizes a general policy goal of limiting access to resources
and reserving them for Filipino[s].
6

Specifically, the Philippine Fisheries Code has been aiming, mainly, for: (a) the
conservation, protection and sustained management of the country's fishery and aquatic
resources; (b) the alleviation of poverty and the provision of supplementary livelihood among
municipal fisherfolks; (c) the improvement of productivity of aquaculture within ecological limits;
(d) the optimal utilization of off-shore and deep-sea resources; and, (e) the upgrading of post-
harvest technology.
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Environmental Law Principles Involved, Human Rights Protected

The above-mentioned objectives of the Philippine Fisheries Code are set in line with the
policies of the State declared in Section 2 of the said law. Such declaration of policies, not to
mention other provisions of the law, reflects the principles of environmental law that it adopts
and the human rights that it intends to protect and promote.
For instance, on top of the declared policies is the achievement of food security as the
overriding consideration in the utilization, management, development, conservation and
protection of fishery resources in order to provide the food needs of the population.
8
This policy
recognizes the right to food of every Filipino, which, although not explicitly guaranteed by the
1987 Philippine Constitution, is actually recognized by the State as it is in the Universal
Declaration of Human Rights.
9


5
Aquino, et. al. The Philippine Fisheries Code: National Policy for Sustainable Fisheries
6
Batongbacal, J. The Evolution of Philippine Fisheries Legislation
7
RA 8550, Sec. 2 (a).
8
Ibid.
9
Everyone has the right to a standard of living adequate for the health and well-being of himself and of
his family, including food, clothing, housing and medical care and necessary social services (Art. 25
(1), UDHR)

5

Another major policy declared by the Code is the limitation of access to the fishery and
aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens,
10

adopting the environmental law principle of state sovereignty which states that:
States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental and developmental policies
11

Such policy and principle are further emphasized in another policy of the Code which is
to protect the right of fisherfolk, especially of the local communities with priority to municipal
fisherfolk, in the preferential use of the municipal waters,
12
such protection against foreign
intrusion to extend to offshore fishing grounds.
13
This policy upholds and protects the rights of
the people, especially of the fisherfolks, to life and livelihood and the principle of intra-
generational equity which is fairness in utilization of resources among human members of
present generations.
14
Thus, the Code further declares that [F]ishworkers shall receive a just
share for their labor in the utilization of marine and fishery resources.
15

Meanwhile, recurring in the Code is the internationally recognized and accepted
principle of sustainable development which is simply defined as the development that meets
the needs of the present without compromising the ability of future generations to meet their
own needs.
16
For example, the Code declares that it is the policy of the State to ensure the
rational and sustainable development, management and conservation of the fishery and aquatic
resources in Philippine watersand in the adjacent high seas
17

The Code also mandates the Department of Agriculture (DAR) to establish a code of
practice for aquaculture that will outline general principles and guidelines for environmentally-
sound design and operation to promote the sustainable development of the [fishing] industry.
18

Moreover, the Code also directs DAR issue Fishery Administrative Orders or regulations for the
conservation, preservation, management and sustainable development of fishery and aquatic
resources.
All of these are in line with the protection of the peoples right to environment
guaranteed by the Constitution
19
or as the Code puts it, consistent with the primordial

10
RA 8550, Sec. 2 (b).
11
Rio Declaration on Environment and Development, Principle 2
12
RA 8550, Sec. 2 (d).
13
RA 8550, Sec. 2 (e).
14
Human Rights, Environment, and Economic Development: Existing and Emerging Standards in
International Law and Global Society, http://www.ciel.org/Publications/olp3iv.html
15
RA 8550, Sec. 2 (e).
16
World Commission on Environment and Developments (the Brundtland Commission) report Our
Common Future (Oxford: Oxford University Press, 1987).
17
RA 8550, Sec. 2 (
18
RA 8550, Sec. 47.
19
The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature (Sec. 16, 1987 Philippine
Constitution).

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objective of maintaining a sound ecological balance, protecting and enhancing the quality of the
environment.
20

Also, the Code adopts the precautionary principle which provides that [W]here there
are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as
a reason for postponing cost-effective measures to prevent environmental degradation.
21
In
Sec. 23,
22
the Code directs the LGUs to prohibit or limit fishery activities in their municipal
waters whenever it is determined by the LGUs and [DAR] that a municipal water isin danger
of being overfished, and that there is a need to regenerate the fishery resources in that
water.
In its totality, the Philippine Fisheries Code adopt the principle of integration as it
integrates protection and conservation of marine resources and ecosystem in the States
programs to alleviate poverty and to pursue national development and progress. It is also said
to be a piece of legislation that would materialize the pursuit of social justice embodied in the
Constitution.

Salient Features

s Fisheries conservation subjects shall be incorporated in the curricula of elementary and
secondary schools in
both private and public.


Implementing Agencies

Aside from BFAR and DAR, the gargantuan task of implementing the Philippine
Fisheries Code involves various government instrumentalities to ensure that all aspects and
objectives of the law will be met.
Department of Education (DepEd), Commission on Higher Education (CHED), and
Technical Education and Skills Development Authority (TESDA). DepEd, CHED and
TESDA are tasked to assist DAR in upgrading State Fisheries Schools/Colleges which provide
both formal and non-formal education. Specifically, DAR and CHED shall jointly formulate
standards to upgrade all fisheries schools/colleges.
23


20
RA 8550, Sec. 2 (c).
21
Rio Declaration, Principle 15.
22
RA 8550
23
Ibid., Sec. 116.

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Philippine Information Agency (PIA). In coordination with DAR, DepEd and CHED, the
PIA shall conduct a nationwide educational campaign to: (a) help realize the policies and
implement the provisions of the Code; (b) promote the development, management, conservation
and proper use of the environment; (c) promote the principle of sustainable development; and,
(d) promote the development of truly Filipino-oriented fishing and ancillary industries.
24

National Mapping and Resource Information Authority (NAMRIA). NAMRIA is
authorized by DAR for the designation and charting of navigational lanes in fishery areas and
delineation of municipal waters.
25

Philippine Coast Guard. The Philippine Coast Guard is assigned with the control and
supervision over navigational lanes duly designated by NAMRIA.
Department of Environment and Natural Resources (DENR). The DENR is tasked to
review and evaluate all Environmental Impact Statements (EIS) before issuing an
Environmental Compliance Certificate (ECC) to persons planning to undertake any development
project.
26

The DENR is also tasked, in coordination with DAR, LGUs, other concerned agencies
and FARMCs to determine which abandoned, undeveloped or underutilized fishponds covered
by FLAs can be reverted to their original mangrove state and after having made such
determination shall take all steps necessary to restore such areas in their original mangrove
state.
27

Law Enforcement Officers of DAR, the Philippine Navy, Philippine Coast Guard,
Philippine National Police (PNP), PNP-Maritime Command, Law Enforcement Officers of
the LGUs and Other Government Enforcement Agencies. The said officers are authorized to
enforce the Code and other fishery laws, rules and regulations.
28

Other Competent Government Officials and Employees, Punong Barangays, and
Officers and Members of Fisherfolk Associations. The enumerated persons may be
designated, in writing, by DAR as deputy fish wardens in the enforcement of the Code and other
fishery laws, rules and regulations, provided that they have undergone training on law
enforcement.
29

Department of J ustice (DOJ ). The DOJ is directed to embark on a program to
strengthen the prosecution and conviction aspects of fishery law enforcement through
augmentation of the current complement of state prosecutors and through their continuous
training and reorientation on fishery laws, rules and regulations.
30


24
Id., Sec. 118.
25
Id., Sec. 123.
26
Id., Sec. 13.
27
Id., Sec. 49.
28
RA 8550, Sec. 124.
29
Id.
30
Id., Sec. 125.

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Occupational Safety and Health Center (OSHC). The OSHC will determine the
medical supplies and life-saving devices that will be adequately provided to all fishing vessels.
31

National Telecommunications Commission (NTC). The NTC is assigned to
coordinate with DAR in promulgating guidelines in the operation of radio communication
facilities on board fishing vessels and the assignment of radio frequencies specific and distinct
to area of operation.
32

Philippine Crop Insurance Corporation (PCIC). The PCIC shall provide an insurance
program that will cover inland fishponds, fish cages and fish pens for losses caused by force
majeure and fortuitous events.
33

31
Id., Sec. 37.
32
Id., Sec. 43.
33
Id., Sec. 54.

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ROUGH WATERS: ISSUES AND CHALLENGES IN IMPLEMENTING
RA 8550
d
d
Challenges
- no separate department on fisheries; at present, the DAR handles both agri and fisheries
- climate change

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RECOMMENDATION

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