Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7853

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE

This bill aims to amend the Fisheries Code of 1998 to expand the possible area
of operations of small and medium commercial fishing vessels, as defined by the law,
within municipal waters.

These fishing vessels are only allowed to operate within “the ten point one
(10.1) to fifteen (15) kilometer area from the shoreline in municipal waters” currently.
As a consequence, this delimitation disenfranchises fishing operations in
municipalities and cities that do not have municipal waters which extend far enough
from their respective shorelines.

Amending the law to include an exception, as can be found hereunder, ensures
that the various economic gains brought about by fishing may be experienced by more
local government units, fishers, and families nationwide.

This pandemic has debilitated many industries and has left many workers
destitute. All efforts must be exerted towards recovering from this crippling period of

our nation’s history.

The urgent passage of this bill is earnestly sought.

Rep. PABI IOHN F. GARCIA
3rd District, Province of Cebu


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._7853

Introduced by Representative PABLO JOHN F. GARCIA

AN ACT AMENDING SECTION 18 OF REPUBLIC ACT NO. 8550 OTHERWISE
KNOWN AS “THE FISHERIES CODE OF 1998"

Section 1. Section 18 of Republic Act No. 8550 otherwise known as the "The
Philippine Fisheries Code of 1998," as amended, is hereby amended to read as
follows:

SECTION 18. Users of Municipal Waters. — All fishery related
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 as defined herein, provided, that all the following are
met:

a. no commercial fishing in municipal waters with depth less
than seven (7) fathoms as certified by the appropriate agency;

b. fishing activities utilizing methods and gears that are
determined to be consistent with national policies set by the Department;

c. prior consultation, through public hearing, with the
M/CFARMC has been conducted; and

d. the applicant vessel as well as the shipowner, employer,
captain and crew have been certified by the appropriate agency as not
having violated this Code, environmental laws and related laws.


PROVIDED FURTHER, THAT, IN CASES WHERE THE
MUNICIPAL WATERS, AS DEFINED HEREIN, OF A MUNICIPALITY OR
CITY DO NOT EXTEND TO AT LEAST TEN POINT ONE (10.1)
KILOMETERS FROM THE SHORELINE, SMALL AND MEDIUM
COMMERCIAL FISHING VESSELS MAY STILL BE GIVEN A PERMIT
TO OPERATE WITHIN SUCH MUNICIPAL WATERS AS LONG AS THE
ABOVE REQUIREMENTS ARE MET.

PROVIDED FINALLY, THAT, in no case shall the authorization or
permit mentioned above be granted for fishing in bays as determined by
the Department to be in an environmentally critical condition and during
closed season as provided for in Section 9 of this Code.

Section 2. Repealing Clause. - Any law, presidential decree or issuance,
‘executive order, letter of instruction, administrative order, rule or regulation contrary to
or is inconsistent with the provision of this Act is hereby repealed, modified, or
amended accordingly.

Section 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,