Group III
fishery species in fresh, brackish and marine water
Philippine Fisheries Code
RA 8550, as amended by RA 10654:
"An Act to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing."
Governing Law
Policy considerations (PAGE PAL)
(a) to protect the rights of fisherfolk
(b) to achieve food security
(c) to grant the private sector the privilege to utilize
fishery resources.
(d) to ensure the rational and sustainable
development, management and conservation of the
fishery and aquatic resources in Philippine waters
(e) to provide support to the fishery sector
(f) To adopt the precautionary principle and manage
fishery and aquatic resources
(g) to limit access to the fishery and aquatic resources
of the Philippines
Objectives of the fishery sector (IO CUP)
1. Improvement of productivity of aquaculture
within ecological limits;
2. Optimal utilization of offshore and deep-sea
resources;
3. Conservation, protection and sustained
management of the country's fishery and aquatic
resources;
4. Upgrading of post-harvest technology.
5. Poverty alleviation and the provision of
supplementary livelihood among municipal fisherfolk;
Application of the Law (LAPP)
(a) all lands devoted to aquaculture, or businesses and
activities relating to fishery
(b) all aquatic and fishery resources whether inland,
coastal or offshore fishing areas,
(c) all Philippine waters
(d) all Philippine flagged fishing vessels
Definition of Terms
Aquaculture - fishery operations involving all
forms of raising and culturing fish and other
areas.
Catch Ceilings - refer to the annual catch limits
allowed to be taken, gathered or harvested from
any fishing area in consideration of the need to
prevent overfishing and harmful depletion of
breeding stocks of aquatic organisms.
Closed Season - the period during which the
taking of specified fishery species by a specified
fishing gear is prohibited in a specified area or
areas in Philippine waters.
Coastal Area/Zone - is a band of dry land and
adjacent ocean space (water and submerged land.
in which terrestrial processes and uses directly
affect oceanic processes and uses, and vice versa;
its geographic extent may include areas within a
landmark limit of one (1. kilometer from the
shoreline at high tide to include mangrove
swamps, brackish water ponds, nipa swamps,
estuarine rivers, sandy beaches and other areas
within a seaward limit of 200 meters isobath to
include coral reefs, algal flats, seagrass beds and
other soft-bottom areas.
Commercial Fishing - the taking of fishery
species by passive or active gear for trade,
business & profit beyond subsistence or sports
fishing, to be further classified as:
(1) Small scale commercial fishing -
fishing with passive or active gear
utilizing fishing vessels of 3.1 gross
tons (GT) up to twenty (20) GT;
(2) Medium scale commercial fishing
- fishing utilizing active gears and
vessels of 20.1 GT up to one hundred
fifty (150) GT; and
(3) Large commercial fishing - fishing
utilizing active gears and vessels of
more than one hundred fifty (150)
GT.
Exclusive Economic Zone (EEZ. - an area
beyond and adjacent to the territorial sea which
shall not extend beyond 200 nautical miles from
the baselines as defined under existing laws.
Fisherfolk - people directly or personally and
physically engaged in taking and/or culturing and
processing fishery and/or aquatic resources.
Fishing - the taking of fishery species from their
wild state of habitat, with or without the use of
fishing vessels.
 Group III
Maximum Sustainable Yield (MSY. - is the
largest average quantity of fish that can be
harvested from a fish stocks/resource within a
period of time (e.g. one year. on a sustainable
basis under existing environmental conditions.
Municipal fishing - refers to fishing within
municipal waters using fishing vessels of three (3.
gross tons or less, or fishing not requiring the use
of fishing vessels.
Municipal waters - include not only streams,
lakes, inland bodies of water and tidal waters
within the municipality, public forest, timber
lands, forest reserves or fishery reserves, but also
marine waters included between two lines drawn
perpendicular to the general coastline from points
where the boundary lines of the municipality
touch the sea at low tide and a third line parallel
with the general coastline including offshore
islands and 15 kilometers from such coastline.
Philippine waters - include all bodies of water
within the Philippine territory such as lakes,
rivers, streams, creeks, brooks, ponds, swamps,
lagoons, gulfs, bays and seas and other bodies of
water now existing or which may hereafter exist in
the provinces, cities, municipalities, and barangays
and the waters around, between and connecting
the islands of the archipelago regardless of their
breadth and dimensions, the territorial sea, the sea
beds, the insular shelves, and all other waters over
which the Philippines has sovereignty and
jurisdiction including the 200-nautical miles
Exclusive Economic Zone and the continental
shelf.
Total Allowable Catch (TAC. - the maximum
harvest allowed to be taken during a given period
of time from any fishery area, or from any fishery
species or group of fishery species, or a
combination of area and species and normally
would not exceed the MSY.
Other concepts
Internal Waters- All waters landwards from the
baseline of the territory
Archipelagic Waters- Sec 1 Art 1 1987 Consti
Territorial Sea- Belt of sea outwards from
baseline up to 12 nm beyond
Straight baselines- Drawn connecting
selected points on the coast without appreciable
departure from the general shape of the coast
Continental shelf- Refers to (a) the seabed and
subsoil of the submarine areas adjacent to the
coastal state but outside the territorial sea, to a
depth of 200 meters or, beyond that limit, to
where the depth allowed exploitation; and (b) the
seabed and subsoil of areas adjacent to island
Obligations of Coastal states P E
1- Promote the objective of optimum utilization of
the living resources of the EEZ
2-Ensure through proper conservation and
management measures that the living resources of the
EEZ are not subjected to overexploitation.
Right of the Coastal State 3E
-Explore and exploit the natural resources on the
seabed and subsoil
-Erect installations needed
-Eret a safety zone over its installation
XPN: -Right of navigation of others
-Non-resource materials in the shelf area
Use of Philippine Waters (Sec 5)
-Its use and exploitation is reserved exclusively to
Filipino citizens.
-XPN: Research and survey activities
Under strict regulations
For purely research, scientific,
technological and educational
purposes
Benefit Filipino citizens.
Organizational Structure
Department of Agriculture
(EO 292) - Bureau of Fisheries and Aquatic
Resources
 Group III
Primary Concern: to improve farm income and
generate work opportunities for farmers, fishermen,
and other rural workers.
Powers and Functions (Sec 3): PB PE PC PC P
(1) Provide integrated services to farmers, fishermen,
and other food producers
(2) Be responsible for the planning, formulation,
execution, regulation, and monitoring of programs
and activities relating to agriculture, food production
and supply;
(3) Promulgate and enforce all laws, rules and
regulations governing the conservation and proper
utilization of agricultural and fishery resources
(4) Establish central and regional information systems
(5) Provide comprehensive and effective extension
services and training to farmers and other agricultural
entrepreneurs
(6) Conduct, coordinate, and disseminate research
studies on appropriate technologies for the
improvement and development of agricultural crops,
fisheries, and other allied commodities
(7) Provide the mechanism for the participation of
farmers, fishermen, and entrepreneurs at all levels of
policy-making, planning and program formulation
(8) Coordinate with and enlist other public and
private agencies for cooperation and assistance on
matters affecting the policies, plans and programs of
the Department
(9) Perform such other functions as may be provided
by law
The DA prescribes the following:
1. Access to fishery resources (Permits and
Licenses)
-Issued by the DA
-Subject to limits of MSY as determined by
scientific studies or best available evidence
-Preference to resource users in local
communities adjacent to or nearest to the
municipal waters
2. Catch ceiling
-Prescribed by the DA Secretary
-Limitations or quota on the total quantity of
fish captured, for a specified period of time
and specified area
-Based on best available evidence
-May be imposed per specie of fish
-In municipal waters and fishery management
areas and waters under the jurisdiction of
special agencies, catch ceilings may be
established upon the concurrence and
approval or recommendation of such special
agency and the concerned LGU in
consultation with the Fisheries and Aquatic
Resource Management Councils (FARMC)
for conservation or ecological purposes
3. Closed Season
-Declared by the DA Secretary
-In any part or all Philippine waters,outside
the boundary of municipal waters and in bays
-Through public notice
-In at least 2 newspapers of general circulation
or public service announcements
-5 days before the declaration
-for conservation and ecological purposes
-may include waters under the jurisdiction of
special agencies, municipal waters and bays,
and other areas reserved for the use of
municipal fisherfolk, done only upon
concurrence and approval or recommendation
of such special agency and the concerned
LGU and FARMC.
Composition of the Bureau of Fisheries and
Aquatic Resources (Sec 66)
-Headed by a Director
-Assisted by 2 Assistant Directors
Some BFAR Functions (Sec 65):
(a) prepare and implement a Comprehensive National
Fisheries Industry Development Plan;
(b) issue licenses for the operation of commercial
fishing vessels;
(c) issue identification cards free of charge to
fishworkers engaged in commercial fishing;
xxx
(g) provide extensive development support services in
all aspects of fisheries production, processing and
marketing;
(h) provide advisory services and technical assistance
on the improvement of quality of fish from the time it
is caught (i.e. on board fishing vessel, at landing areas,
 Group III
fish markets, to the processing plants and to the
distribution and marketing chain);
(i) coordinate efforts relating to fishery production
undertaken by the primary fishery producers, LGUs,
FARMCs, fishery and organizations/cooperatives;
(j) advise and coordinate with LGUs on the
maintenance of proper sanitation and hygienic
practices in fish markets and fish landing areas;
(k) establish a corps of specialists in collaboration
with the Department of National Defense,
Department of the Interior and Local Government,
Department of Foreign Affairs for the efficient
monitoring, control and surveillance of fishing
activities within Philippine territorial waters and
provide the necessary facilities, equipment and
training therefor;
xxx
(v) 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 the LGUs and FARMCs;
xxx
(x) hear and decide administrative cases before it;
xxx
(z) initiate the criminal prosecution of offenses
committed in violation of this Code regardless of
their situs; and
(aa) perform such other related functions which shall
promote the development, conservation,
management, protection and utilization of fisheries
and aquatic resources."
Municipal Fisheries
Jurisdiction: Municipal/City Government in
consultation with the FARMC
Responsibility: management, conservation,
development, protection, utilization, and disposition
of all fish and fishery or aquatic resources within their
respective municipal waters
How? Enactment of appropriate ordinances
Contiguous fishery resources (Sec 76)
-bays that straddle several municipalities, cities, or
provinces
-management shall be in integrated manner
-to facilitate their management as single resource
systems
-the LGUs which share or border such resources may
group themselves and coordinate with each other
-Venue: FARMCs
General welfare clause (LGC)
-Local government units have the power to enact
ordinances to enhance the right of the people to a
balanced ecology.
-Power to grant fishery privileges in municipal waters,
and impose rentals, fees or charges therefor
-Penalize the use of explosives, noxious or poisonous
substances, electricity, muro-ami, and other deleterious
methods of fishing; and to prosecute other methods
of fishing;
-Prosecute any violation of the provisions of
applicable fishing laws.
-The sangguniang bayan, the sangguniang panlungsod, and
the sangguniang panlalawigan have the duty to enact
ordinances to protect the environment and impose
appropriate penalties for acts which endanger the
environment which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological
imbalance
Devolved power of local government units (Sec
17)
-Enforcement of fishery laws in municipal waters
-Those specifically devolved insofar as control and
regulation of fishing in municipal waters and the
protection of the marine environment are concerned,
the following are added: 3IE
a) Issuance of permits to construct fish cages, to
gather aquarium fishes, kapis shells, gather or
culture shelled mollusks
b) Issuance of licenses to establish seaweed
farms, to culture pearls
c) Issuance of auxiliary invoice to transport fish
and fishery products
d) Establishment of closed season
Grant of fishing privileges in municipal waters
-Duly registered fisherfolk organization or
cooperatives: preference in the grant of fishery rights
by the municipal council pursuant to Sec 149 LGC
-Where there are special agencies or offices vested
with jurisdiction over municipal waters by virtue of
 Group III

special law creating these agencies, they shall continue
to grant permits
The Laguna Lake Development Authority (RA
4850)
-to promote and accelerate the development and
balanced growth of the Laguna Lake area and the
surrounding provinces, cities, and towns (the region)
Purpose:
-environmental management and control
-preservation of the quality of human life and
ecological systems
-prevention of undue ecological disturbances,
deterioration, and pollution
Tano v Socrates: the right of subsistence to the use
of water or marine resources is not absolute.
Section 2 of Article XII aims primarily not to bestow
any right to subsistence fishermen, but to lay stress on
the duty of the State to protect the nations marine
wealth. What the provision merely recognizes is that
the State may allow, by law, cooperative fish farming,
with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
Differentiate marginal v. subsistence fishermen:
Marginal fishermen an individual engaged in
fishing whose margin or return is barely sufficient
to yield a profit.
Subsistence fishermen catch yields but
irreducible minimum for his livelihood

LLDA v CA: The LLDA has exclusive jurisdiction to

issue permits for the enjoyment of fishery privileges
in Laguna de Bay
Users of municipal waters (Sec 18)
-Utilized by municipal fisherfolk and their
cooperatives or organizations who are listed in the
registry of municipal fisherfolk.
Note: Bays in an environmentally critical condition
and during closed season.
Registry of municipal fisherfolk (Sec 19)
-Maintained by the LGU
-Contains those who are fishing or may desire to fish
in municipal waters
-Purpose: (1) determining priorities among them, (2)
limiting entry into the municipal waters, and (3)
monitoring fishing activities and (4) other related
purposes:
Priority of resident municipal fisherfolk (Sect 21)
-priority to exploit municipal and demarcated fishery
areas of the said municipality.
However, the LGU may prohibit or limit fishery
activities when it is determined that a municipal water
is overfished or in danger of being overfished, and
that there is a need to regenerate the fishery resources
in that water. (Sec 23)
Preferential right of subsistence fishermen