Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRE:
Second Regular Session

GOL8

HOUSE BILL NO.

Introduced by; HON. ANGELO B. PALMONES

AN ACT
AMENDING REPUBLIC ACT NO. 8550 OTHERWISE KNOWN AS “AN ACT
PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION
OF THE FISHERIES AND AQUATIC RESOUR INTEGRATING ALL LAWS
PERTINENT THERETO”, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

Fish is dhe main source of protein of most Filipinos especially in coastal areas and
communities close te inland waters and lakes. ‘The total demand for fish in the country has
been estimated at 2.67 million tous. The total fish catch in 2009 was reported at 5,084 metric
tons. Commercial fishing contributed 1.259 metnc toas while the contribution of muni 1
fishing was reported at 1,348.2 tons, Aquaculture contributed 2,477.4 tons or 49 percent of
total fisb production for 2009

11 is not known how much of the aquaculture fish production comes from tish pens and fish
cages. Estimate is that it is substantial. This being the case it is important that fish pen and
fish cage fish production should continue in order to provide for the fish requirement of the
Filipinos. It is only itnperative that the production of fish through aquaculture in intand
waters and Jakes follows the tenets of sustainable production.

Section 45 of the Kisheries Code or RA No. 8550 prohibits the establishment of fish pens, ~

fish cages or fish traps two years after its approval. Strict implementation of the provisions of
Section 45 will greatly diminish the supply of fish which commercial fishing and municipal
fishing carmot replace

It is for this very reason that this bill is submitted to amend the provisions of Section 45 of
RA No. 8550 to allow the continued production of fish through fish pens and cages te ensure
the supply of fish in the country

ANGELO B. PALMONE:
Represqntative, AGHAM Party-tist

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
028

HOUSE BILE. NO,

Introduced by: HON. ANGELO 8. PALMONES

ANACT
AMENDING REPUBLIC ACT NO, 8550 OTHERWISE KNOWN AS “AN ACT
PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERN ATION
OF ‘THE FISHERIES AND AQUATIC RESOURCES, {INTEGRATING ALL LAWS:
PERTINENT THERETO”, AND FOR OTHER PURPOSES.

ction 1. Carrying capacity of inland waters and takes and conduct of environmental
impact study, and granting of fish pen and cages permit . Section 45 of RA No. 8550 shall
be amended as follows

‘Section Disposition of the Public Lands for Fishery Purpayes. Public lands such
as tidal swamps, mangroves, marshes, foreshore lands and ponds suitabie for fishery
operations shall not be disposed or alienated. Upon effectivity of this Code, FLA mas
be issued for public iands that may be declared available for tishpond developmemt
primarily to qualified fisherfolk cooperatives‘associations: 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 of their respective
leased areas. Thereafter, such FLAs shall be granted to any Filipino citizen with
preference, primarily (0 qualified fisherfolk cooperatives/associations as well as small
and tnedium caterprises as defined under Republic Act No, 8289: Provided, ‘urther,
That the Department shall declare as reservation, portions of available public lands
certified as suitable for fishpond purposes for fish, conservation, and ecological
purposes: Provided, THAT TWO YEARS AFTER THE APPROVAL OF THIS
ACT, THE CARRYING CAPACITY FOR FISH PENS AND CAGES OF SLI.
INLAND WATERS AND LAKES SHALL HAVE BEEN UNDERTAKEN AND
COMPLETED BY THE BUREAU OF FISHERIES AND AQUATIC
RESOURCES (BFAR), AND THE TOTAL AMOUNT OF STOCKING SHALL
BE PRESCRIBED IN EACH MUNICIPAL WATERS: PROVIDED FINALLY,
THAT PRIOR TO THE ISSUANCE OF PERMITS FOR FISH PENS 4ND
CAGES AN ENVIRONMENTAL STUDIES SH. BE
CONDUCTED BY THE DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES (DENR).

NO FISH PEN OR CAGES SHALL BE GRANTED PERMIT BEYOND THE
CARRYING CAPACITY OF THE INLAND WATER OR LAKE.


Section 2. Penalty for Violating Section 1 of this Act. Any person, association, partnership
or corporation found to have established fish pens or fish cages without a permit from the
local government shall be fined minimum of Ten Thousand pesos (P10,000) for indes duals
and Fifly Thousand pesos (P50,000) for associations, parmerships or corporations for first
offense and imprisonment for individuals and imprisonment of the Executive Officer of the
associations, partnerships or corporations for not less than one (1) year or both. A second
Violation shall have a penalty of double the penalty for the first offense.

Any local zovernment executive who issues @ permit for fish pens or cages beyond the
camying capacity of the municipal waters shall be liable 10 a fine of P100,000 or
imprisonment of two years or both upon the discretion of the court Such cages established
beyond the carrying capacity of the municipal water shall have the status of ualiccnsed fish
pens or fish cayes and shall be dismantled and the owners liable to the penalty exp:essed
under paragraph 1 of this Section

Section 3. Implementing rules and regulations. The Department of Agriculture shall
prepare and issue the implementing rules and regulations of dhis Act within 90 days from the
approval of this Act.

Section 4 - Repealing Clause. All laws, decrees, orders, niles and regulations or pertions
thereof, imconsistent with this Act are hereby repealed or modified accordingly.

Section § — ‘This Act shall take effect 15 days after its complete publication in mo
newspapers of general circulanon,

Approved