Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

nouse BiLNno._ 4045

Introduced by Rep. Gabriel Luis R. Quisumbing

EXPLANATORY NOTE

‘The Constitution under Article XIII, Section 7 explicitly provides that the State
shall protect the rights of subsistence fisherfolk, especially of local communities, to
the preferential use of the communal marine and fishing resources, both inland and
offshore. It shall provide support to such fisherfolk through appropriate technology
and research, adequate financial, production, and marketing assistance, and other
services. The right of fisherfolk to receive a just share from their labor in the
utilization of marine and fishing resources is likewise expressly affirmed in the same
provision.

This mandate is echoed in Chapter 1, Section 2 of Republic Act No. 8550,
otherwise known as the Philippine Fisheries Code of 1998, which declares that it is
the policy of the State to protect the rights of fisherfolk and to extend to them all the
support needed to improve their quality of living. Pursuant to these legal provisions,
the Department of Agriculture has promulgated rules and regulations and other
issuances to give life to these noble principles.

However, the devastation in 2008 wrought by typhoon Frank (International
Name: Fengshen), in all vividness, showed us how all these efforts to empower our
fisherfolk were put to naught in the absence of adequate disaster preparedness. In
the wake of typhoon Frank, twenty-two fishing vessels, aside from the ill-fated M/V
Princess of the Stars, were either damaged or destroyed. Some remain missing
together with their crew. Worse, some of the crew members who were actually
found could not be identified and could not be sent back to their families who waited
in agony as they wanted nothing else but to give them a proper burial. All this could
have been avoided had the fishing vessels been seaworthy, and the crew properly
equipped with sufficient identification, training and paraphernalia.

This bill is introduced to give paramount importance to sufficient
identification of fishing vessels and its crew, and the provision fox proper training
and equipment relating to disaster preparedness.

In view of the foregoing, early passage of this bill is e dquested.

JIS R. QUISUMBING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._ 4045

Introduced by Rep. Gabriel Luis R. Quisumbing

AN ACT
AMENDING SECTIONS 19, 28, 30, 37, 38 AND 65 OF REPUBLIC ACT NO. 8550,
OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 19 of Republic Act No. 8550 (“RA 8550"), otherwise
known as the Philippine Fisheries Code of 1998, is hereby amended to read as

follows:

“Sec.19. Registry of Municipal Fisherfolk. - The LGU shall maintain a
registry of municipal fisherfolk, who are fishing or may desire to fish
in municipal waters for the purpose of IDENTIFICATION OF THESE
INDIVIDUALS, OF determining priorities among them, of limiting
entry into the municipal waters, and of monitoring fishing activities
and/or other related purposes: Provided, That the FARMC shall submit
to the LGU the list of priorities for its consideration.

XXX

‘The LGUs shall also maintain a registry of municipal fishing ves
by type of gear and other boat particulars with the assistance of the
FARMC, THIS REGISTRY SHALL LIKEWISE BE POSTED IN
BARANGAY HALLS OR OTHER STRATEGIC LOCATIONS WHERE IT
SHALL BE OPEN TO PUBLIC INSPECTION.”

Sec. 2. Section 28 of RA 8550 is hereby amended to read as follows:


Sec. 28. Commercial Fishing Vessels Registration. - The registration,
documentation, inspection and manning of the operation of all types
of fishing vessels plying Philippine waters shall be in accordance with
existing laws, rules and regulations, ESPECIALLY THOSE
PERTAINING TO THE SEAWORTHINESS OF THE VESSELS, THE
SAFETY OF THEIR CREW, AND DISASTER MANAGEMENT PLAN:

Sec 3.

ction 30 of RA 8550 is hereby amended to read as follows:

"Sec. 30. Renewal of Commercial Boat License. - ‘The commercial
fishing boat license shall be renewed every three (3) years:
PROVIDED, THAT THE FISHING VESSEL HAS PASSED THE
EVALUATION OF THE APPROPRIATE GOVERNMENT AGENCIES
WITH RESPECT TO ITS SEAWORTHINESS AND ITS COMPLIANCE
WITH DISASTER MANAGEMENT MEASURES AS MAY BE PROVIDED

BY LAW, RULES AND REGULATIONS.”

Sec. 4. Section 37 of RA 8550 is hereby amended to read as follows:

“Sec. 37. Medical Supplies and Life-Saving Devices. - All fishing
vessels shall be provided with adequate medical supplies and life-
saving devices to be determined by the Occupational Safety and Health
Center: Provided, That [a fishing vessel of twenty (20) GT or more
shall have as a member of its crew a person qualified as a first aider
duly certified by the Philippine National Red Cross] ALL MEMBERS
OF THE CREW OF FISHING VESSELS SHALL BE REQUIRED TO
UNDERGO MANDATORY BASIC FIRST-AID AND DISASTER
PREPAREDNESS TRAINING UNDER THE PHILIPPINE NATIONAL
RED CROSS, FREE OF CHARGE; PROVIDED FURTHER, THAT ALL
FISHING VESSELS SHALL BE EQUIPPED WITH STANDARD FIRST-
AID KITS AS MAY BE DETERMINED BY THE PHILIPPINE
NATIONAL RED CROSS.”



other issuances or parts thereof inconsistent with the provi

Sec. 5. Section 38 of RA 8550 is hereby amended to read as follows:

"Sec, 38. Reportorial Requirements. - Each commercial fishing
vessel shall keep a daily record of THE COMPLETE NAMES OF THE
MEMBERS OF THE CREW ON BOARD, fish catch and spoilage,
landing points, and quantity and value of fish caught, and off-loaded
for transshipment, sale and/or other disposal. Detailed information
shall be duly certified by the vessel's captain and transmitted monthly
to the officer or representative of the Department, at the nearest

designated landing point."

Sec. 6. Section 65 of RA 8550 is hereby amended to read as follows:

Sec. 65. Functions of the Bureau of Fisheries and Aquatic Resources.-
Asa line bureau, the BFAR shall have the following functions:

xxx

c, issue identification cards AND CORRESPONDING STAINLESS
STEEL NAME TAGS SIMILAR TO THOSE USED BY MILITARY
PERSONNEL, free of charge, to fishworkers engaged in commercial
fishing. THESE IDENTIFICATION CARDS AND TAGS SHALL
CONTAIN THE COMPLETE NAME OF THE MEMBER OF THE CREW,
HIS/HER RELIGION, BLOOD GROUP WITH RH FACTOR, AND
SOCIAL SECURITY NUMBER. THE CREW MEMBER SHALL ATTEST
TO THE TRUTH OF THE FOREGOING INFORMATION AS STATED IN
HIS/HER IDENTIFICATION CARD AND TAG. SUCH ATTESTATION
SHALL BE STATED EXPLICITLY IN THE CORRESPONDING
IDENTIFICATION CARD: x x x”

Sec. 7. Repealing Clause. - All laws, decrees, orders, rules and regulations or

hereby repealed or modified accordingly.

ns of this Act are



Sec. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation in the Philippines.

Approved,