NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
24 SEP-4 P 4 •E'3
S.B. No.
SENATE2812
Introduced by SENATOR IMEE R. MARCOS
AN ACT
AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS "THE 
PHILIPPINE FISHERIES CODE OF 1998", AS AMENDED BY RA 10654, AND
FOR OTHER PURPOSES
EXPLANATORY NOTE
Article XIII, Section 7 states that "The State shall protect the rights of 
subsistence fishermen, especially of local communities, to the preferential use of local 
marine and fishing resources, both inland and offshore. It shall provide support to such 
fishermen through appropriate technology and research, adequate financial, 
production, and marketing assistance, and other services."
Republic Act No. 8550 or the Philippine Fisheries Code of 1998 regulates fisheries 
resources of the country. It defines the scope of municipal waters and the activities 
that are allowed in them. The current definition of municipal waters is defined by their 
distance from the coast without regard to the water depth. It also specifies, among 
others, that only citizens of the Philippines, partnerships or associations, cooperatives 
or corporations duly registered in the Philippines with at least sixty percent (60%) of 
the capital stock of which is owned by Filipino citizens are eligible for a commercial 
fishing vessel license. Lastly, it also regulates the disposition of public lands for fishery, 
fish ponds, and fish hatcheries.
The current definition of municipal waters does not reflect international and 
scientific standards, which primarily look at depth of water instead of distance from the 
coast. Changing the focus of our fishing regulation will place our country in line with 
international standards and allow us to effectively manage municipal and commercial 
fishing waters.
The citizenship requirement places commercial fishing in the Foreign Investment 
Negative List (FINL), which is prepared by the National Economic and Development


Authority every two years as prescribed by R.A. No. 7042 or the "Foreign Investment 
Act", as amended.
Such limitation on the grant of commercial fishing vessel licenses go hand in 
hand with limiting the ability of the country to negotiate a Code of Conduct for fishing 
activities in contested waters. Given the various nautical rows in which our country 
finds itself as far as the enforcement of our fishing grounds is concerned, allowing the 
Executive the latitude to explore various contractual agreements for managing our 
fishing grounds will also be in line with the current policy thrust of opening up and 
liberalizing our economy to attract foreign investment.
The current regulation on the disposition of public lands for fisheries, fish ponds, 
and fish hatcheries limits the ability of the Department of Environment and Natural 
Resources (DENR) to manage public lands for possible redevelopment of unused or 
underutilized fish ponds and fish hatcheries, as well as reversion to mangrove areas. 
As such, there is a need to amend the law to improve the ability of the DENR to manage 
our fisheries resources.
sought.
For the abovementioned reasons, the immediate passage of this bill is earnestly
jmEE R. MARCOS


.. Mi)i'
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
SENATE
S.B. No. 2812
24 SEP
\
Introduced by SENATOR IMEE R. MARCOS
AN ACT
AMENDING REPUBLIC ACT NO. 8550f OTHERWISE KNOWN AS "THE 
PHILIPPINE FISHERIES CODE OF 1998", AS AMENDED BY RA 10654, AND
FOR OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
Section 1. Section 18 of Republic Act No. 8550, as amended by Republic Act No. 10654, 
is hereby amended to read as follows:
"SEC. 18. Users of Municipal Waters. - All fishery 
activities in municipal waters, as defined in this Code, shall be utilized 
by municipal fisherfolk and their cooperatives/organizations who are 
listed as such in the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local 
chief executive and acting pursuant to an appropriate ordinance, 
authorize or permit small and medium commercial fishing vessels to 
operate [within the ten point one (10.1) to fifteen (15) kilometer area 
from - the shoreline] in municipal waters WITH DEPTH OF 20 
FATHOMS (36.5 meters) OR MORE as defined herein, provided, 
that all the following are met:
a. [no commerdol fishing in municipal waters with depth less thao 
seven (7) fathoms os certified by the appropriate ogency] NO
COMMERCIAL FISHING SHALL BE ALLOWED IN CRITICAL 
HABITATS, REGARDLESS OF DEPTH, INCLUDING SPAWNING 
AREAS, AS DECLARED BY THE DEPARTMENT AND OTHER 
RELEVANT AGENCIES;
b. 
THE_fishing [activities utilizing methods and] gears AND


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METHODS USED [tfwt] are determined to be consistent with national 
policies set by the Department;
c.
XXX
XXX.
Sec. 2. Section 26 of Republic Act No. 8550, as amended by Republic Act No. 10654, 
is hereby amended to read as follows:
nSEC. 26. Commercial Fishing Vessel 
License and Other Licenses. - No person shall operate a 
commercial fishing vessel, pearl fishing vessel or fishing vessel for 
scientific, research or educational purposes, or engage in any 
fishery activity, or seek employment as a fishworker or pearl diver 
without first securing a license from the Department, the period of 
which shall be prescribed by the Department: Provided, That no 
such license shall be required of a fishing vessel engaged in scientific 
research or educational purposes within Philippine waters and 
pursuant to an international agreement of which the Philippines is 
a signatory and which agreement defines the status, privileges and 
obligations of said vessel and its crew and the non-Filipino officials 
of the international agency under which vessel operates: Provided 
further, That members of the crew of a fishing vessel used for 
commercial fishing except the duly licensed and/or authorized 
patrons, marine engineers, radio operators and cooks shall be 
considered as fisherfolk: Provided furthermore. That all 
skippers/master fishers shall be required to undertake an orientation 
training on detection of fish caught by illegal means before they can 
be issued their fishworker licenses[: Provided finally, That the torgo 
commordal fishing vessel liconsG heroin -authorized to bo granted
shall allow the liCGnsoc to operote only in Philippine waters seven (7)
Of-more fathoms deep, the depth to be certified by the NAMRIA, and
sttfe^ct to the conditions that may be stated therein and the rules
and regulations that may be promulgated by the Department.]"
Sec. 3. Section 27 of the same Act is hereby amended to read as follows:
"SEC. 27. Persons Eligible for Commercial Fishing Vessel 
License. - No commercial fishing vessel license shall be issued 
except to citizens of the Philippines, partnership or to associations, 
cooperatives or corporations duly registered in the Philippines [at 
least sixty pcrcont (60%) of the capital stock of which is owned by
RMpino citizens.] No person to whom a license has been issued shall 
sell, transfer or assign, directly or indirectly, his stock or interest 
therein to any person not qualified to hold a license. Any such 
transfer, sale or assignment shall be null and void and shall not be


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registered in the books of the association, cooperative or 
corporation. For purposes of commercial fishing, fishing vessels 
[owned by citizens of the Philippines, partnerships, corporations,
cooperatives or ossodotions qualified under this section] shall 
secure Certificates of Philippine Registry and such other documents 
as are necessary for fishing operations from the concerned 
agencies: Provided, That the commercial fishing vessel license shall 
be valid for a period to be determined by the Department."
Sec. 4. Section 28 of the same Act is hereby amended to read as follows:
"SEC. 28. Commercial Fishing Vessel Registration. - The
registration, documentation, inspection and manning of the 
operation of all types of fishing vessels OPERATING IN Philippine 
AND IN DISTANT WATERS [plying Philippine waters] shall be in 
accordance with existing laws, rules and regulations"
Sec. 5. Section 29 of the same Act is hereby amended to read as follows:
"SEC 29. Registration and Licensing of Fishing Gears 
Used in Commercial Fishing. - Before [a commorcial fishing 
holdmg a commercial] THE HOLDER OF A fishing vessel license 
may begin TO ENGAGE IN fishing operations in Philippine AND 
IN DISTANT WATERS waters, the fishing gear TO BE USED [it 
will utilize in fishing] shall be registered and a license granted 
therefor. The [Xipartmont shall promolgatc guidelines to implement 
this provision within sixty (60) days from approval of this Code.]"
Sec. 6. Section 32 of the same Act is hereby amended to read as follows:
"SEC. 32. Distant Water Fishing. - [Fishing vessels of 
Philippine registry] Philippine-FLAGGED FISHING VESSELS
may engage in distant water fishing as defined in this Code: 
Provided, That they comply with the safety, manning and other 
requirements of the Philippine Coast Guard, Maritime Industry 
Authority and other agencies concerned: Provided, however. That 
they secure a fishing permit, gear license and other clearances 
from the Department: Provided, further. That the fish caught by 
such vessels shall be considered as caught in Philippine waters and 
therefore not subject to all import duties and taxes only when the 
same is landed in duly designated fish landings and fish ports in 
the Philippines: [Provided, furthermore. That landing ports 
established by canneries, seafood processors and all fish landing 
sites established prior to the offoctivity of this Code shall bo 
considered authorized landing sites]: Provided, finally. That 
fishworkers on board Philippine registered -FLAGGED fishing


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vessels conducting fishing activities beyond the Philippine 
Exclusive Economic Zone are not considered as overseas Filipino 
workers.
Distant water fishing vessels shall comply with the monitoring, 
control and surveillance requirements, conservation and 
management measures, and fishing access conditions of the 
Department, the RFMO, or other coastal AND PORT states."
Sec. 7. Section 38 of the same Act is hereby amended to read as follows:
"SEC.
fishing
38. Reportorial Requirements. - Each commercial 
vessel SHALL COMPLY WITH THE PRESCRIBED 
REPORTORIAL REQUIREMENTS AND shall keep FISHING 
LOG SHEETS OR a daily record of fish catch and spoilage, BYCATCH, 
landing points, and quantity and value offish caught, and off-loaded for 
transhipment, sale and/ or other disposal. Detailed information shall be 
duly certified by the vessel's captain and transmitted to BFAR within the 
period prescribed in the implementing rules and regulations promulgated 
by the Department. Failure to comply shall result to administrative and 
penal sanctions."
Sec. 8. Section 44 of the same Act is hereby amended to read as follows;
"SEC. 44. Use of Supcriight or Fishing Light Attractor. -
The number and candle light power or intensity of supcriight and 
fishing light attractor used in commercial fishing vessels shall be 
regulated by the Department: [Provided, That the use of 
supcriight is banned within municipal waters and bays.] The use of 
fishing light attractor in municipal waters shall be regulated by the 
local government units."
Sec. 9. Section 45 of the same Act is hereby amended to read as follows:
"SEC. 45. Disposition of Public Lands for Fishery Purpose.
- Public lands such as tidal swamps, mangroves, marshes, 
foreshore lands and ponds suitable for fishery operations shall not 
be disposed or alienated. Upon effectivity of this Code, FLA may 
be issued for public lands that may be declared available for 
fishpond development primarily to qualified [fisherfotk 
coopcrotive/associations] LESSEES FOR FISH/AQUATIC 
PRODUCTION PURPOSES, AS MAY BE DETERMINED BY 
THE DEPARTMENT: Provided, however, That upon the expiration 
of existing FLAs the current lessees shall be given priority and be 
entitled to an extension of twenty-five (25) years in the utilization


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of their respective leased areas. Thereafter, such FLAs shall be 
granted to any Filipino citizen with preference, primarily to 
qualified fisherfolk cooperatives/associations as well as small and 
medium enterprises as defined under Republic Act No. 8289: 
Provided, further. That the Department shall declare as 
reservation, portions of available public lands certified as suitable 
for fishpond purposes for fish sanctuary, conservation, and 
ecological purposes: Provided , finally, that two (2) years after the 
approval of this Act, no fish pens or fish cages or fish traps shall 
be allowed in lakes."
Sec. 10. Section 46 of the same Act is hereby amended to read as follows:
"SEC. 46. Lease of Fishponds. - Fishpond leased to qualified 
persons and fisherfolk organizations/cooperatives shall be subject 
to the following conditions:
a. Areas leased for fishpond purposes shall be no more than 50 
hectares for individuals and 250 hectares for corporations or 
fisherfolk organizations;
b. The lease shall be for a period of twenty-five (25) years and 
renewable for another twenty-five (25) years: Provided, That in 
case of the death of the lessee, his spouse and/or children, as his 
heirs, shall have preemptive rights to the unexpired term of his 
Fishpond Lease Agreement subject to the same terms and 
conditions provided herein provided that the said heirs are 
qualified;
c. Lease rates for fishpond areas shall be determined by the 
Department: Provided, That all fees collected shall be remitted to 
the National Fisheries Research and Development Institute and 
other qualified research institutions to be used for aquaculture 
research development. FOR THIS PURPOSE, A SPECIAL 
ACCOUNT SHALL BE CREATED TO BE ADMINISTERED BY 
THE NFRDI.;
d. [The arGO-4eased shall be developed ond producing on o
commercial scole within-three (.3) years from the approval of the
lease contract: Provided, however. That all areas not fully
producing within five (5) years from the-date of approval of-the
lease contract shall automatically revert to the public domain fer
reforestation;]
d. All FLAs COVERING areas not fully DEVELOPED AND 
NOT producing ON A COMMERCIAL SCALE within TWO (2) 
years from the date of approval of the lease contract shall 
BE CANCELLED AND SUCH AREAS SHALL BE DECLARED 
OPEN TO ANY QUALIFIED APPLICANT.


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XXX.
Sec. 11. Section 49 of the same Act is hereby amended to read as follows:
"SEC. 49. [Reversion of AH] Abandoned, Undeveloped or 
Underutilized Fishponds. - [The DENR/ in coordination with tj 
The DA-BFAR / L-GUs, other concerned agenciGG and FARMCs shall 
determine which abandoned, undeveloped or underutilized 
fishponds covered by FU\s CAN BE UTILIZED FOR 
FISH/AQUATIC PRODUCTION PURPOSES OR MAY BE ean 
be reverted to their original mangrove state. FOR PURPOSES OF 
REVERSION OF ABANDONED, UNDEVELOPED OR 
UNDERUTILIZED FISHPONDS, THE DENR, IN 
COORDINATION WITH THE DA-BFAR, AND 
OTHER CONCERNED AGENCIES, [and after having- made 
sfcteh determination] shall take all steps necessary to restore 
such areas in their original mangrove state."
Sec. 12. Section 57 of the same Act is hereby amended to read as follows:
"SEC. 57. Registration of Fish Hatcheries, FISH PENS, 
FISH CAGES and Private Fishponds, etc. - All fish 
hatcheries, FISH PENS, FISH CAGES, fish breeding facilities 
and private fishponds must be registered with the LCDs which 
shall prescribe minimum standards for such facilities in 
consultation with the Department: Provided, That the 
Department shall conduct a yearly inventory of all fishponds, fish 
pens and fish cages whether in public or private lands: Provided, 
further that all fishpond,[ fish—pen—arid—fish—eage ] 
AQUACULTURE AND MARICULTURE operators shall annually 
report to the [Department] DA-BFAR the type of species and 
volume of production in areas devoted to aquaculture."
Sec. 13. Section 86 of the same Act is hereby amended to read as follows:
"SEC. 86. Unauthorized Fishing. - (a) It shall be unlawful for 
any person to capture or gather or to cause the capture or 
gathering of fish, fry or fingerlings of any fishery species or fishery 
products without license or permit from the Department or LGU,
WHICHEVER IS APPLICABLE.
Except in cases specified under this Code, (b) it shall also be 
unlawful for any commercial fishing vessel to fish in municipal 
waters, EXCEPT IN CASES SPECIFIED UNDER THIS CODE.


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XXX
Sec. 14. Section 96 of the same Act is hereby amended to read as follows:
"SEC. 96. Ban on Coral Exploitation and Exportation. -
XXX
Upon a summary finding of administrative liability, the 
[owncr/opGrator of the fishing vessel/s, beat -eaptoin, master
ftsherman, and recruiter or organizer of fishworkers] OFFENDER 
shall be punished with an administrative fine equivalent to eight 
(8) times the value of the corals gathered, possessed, 
commercially transported, sold, or exported, or the amount of Five 
hundred thousand pesos (P500,000.00) to Ten million pesos 
(P10,000,000.00), whichever is higher, and forfeiture of the 
subject corals. The. offender shall also pay compensation for the 
restoration of the damaged corals reefs.
Upon conviction by a court of law, [the boat captain, master 
fisherman, and recruiter or orgaeizer of fishworkers,] OFFENDER 
shall be punished by imprisonment from ten (10) years to twenty 
(20) years and a fine equivalent to twice the administrative fine 
and forfeiture of the subject corals.
The offender shall also be required to pay the cost of restoration of 
the damaged coral reefs based on available studies and as 
determined by the Department."
Sec. 15. Section 96 of the same Act is hereby amended to read as follows:
"SEC. 98. Illegal Use of Supcriights or Fishing Light 
Attractor FOR FISHING. - It shall be unlawful to engage in 
fishing with the use of [superlight in municipal waters, or to fish 
with] fishing light attractor using candlelight power or intensity 
beyond the standards set by the Department [in consultation with 
the LGUs for fishing in municipal waters, or in violation of the rules
promulgated by the Deportment for Fishing with the use of
superlight or fishing light attroctor outside municipal woters.]
xxx"
Sec. 16. Section 119 of the same Act is hereby amended to read as follows:
"SEC. 119. Non-Compliance with Vessel Monitoring 
Measures. - No municipal, commercial or distant water fishing


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vessel, shall engage in fishing activity without complying with the 
vessel monitoring measures, [promulgated by the Deportment m 
coordination with the LGUs!] Provided, That CATCHER AND 
CARRIER vessels SHALL BE AUTOMATICALLY COVERED BY 
THIS REQUIREMENT, [operating in Philippine waters, only the 
catcher vessel shall be covorod by this requirement.] PROVIDED 
FURTHER THAT, FOR MUNICIPAL FISHING VESSELS, THE 
DEPARTMENT SHALL PROMULGATE A VESSEL 
MONITORING MEASURE FOR THE ENFORCEMENT OF THIS 
SECTION."
It shall also be unlawful to intentionally tamper with, switch off or disable the 
vessel monitoring system.
XXX."
Sec. 17. Section 130 of Republic Act No. 8550, as amended by Republic Act No. 10654, 
is hereby amended to read as follows:
"SEC. 130. Administrative Adjudication. - The Department 
is hereby empowered to impose the administrative fines and 
penalties provided in this Code.
For this purpose, the Department shall organize and designate 
the composition of the Adjudication Committee, which shall be 
composed of the bureau director as chairperson and four (4) 
other members to be designated by the Secretary. The 
Adjudication Committee shall be supported by sufficient number 
of staff to enable it to perform its mandate.
The Committee shall promulgate rules and regulations for the 
conduct of administrative adjudication INCLUDING BUT NOT 
LIMITED TO aftd the disposition of confiscated catch, gears, 
equipment and other paraphernalia AND EXECUTION OF 
ORDERS AND DECISIONS. It shall also issue subpoena duces 
tecum and ad testificandum in administrative cases before it.
THE COMMITTEE SHALL ALSO HAVE THE POWER TO CITE 
PARTIES IN CONTEMPT FOR UNLAWFUL DISOBEDIENCE 
TO ITS ORDERS."
Sec. 18. Implementing Rules and Regulations. - The Department of Agriculture, 
in consultation with concerned government agencies and stakeholders, shall 
promulgate the implementing rules and regulations of this Act, within six (6) months 
from the effectivity of this Act.
Sec. 19. Separability Clause. - If any provision, or part hereof, is held invalid or


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unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting.
Sec. 20. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly.
Sec. 21. Effectivity Clause. - This This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,