TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
afi::- of E }-’
25 JULIO P6:14
SENATE
S.B. No. 432
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 to 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.
However, Section 18 of said law regarding the 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 
managed municipal and commercial fishing waters.
Further, the citizenship requirement under Section 27 of the said law places 
commercial fishing in the Foreign Investment Negative List (FINL), which is prepared


by the National Economic and Development Authority (NEDA) every two (2) 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 re-development of un-used 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


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
25 JULIO P6:14
S.B,
SENATE
No. 432
RhG: i V L i) u i'
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
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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 commercial fishing in municipal waters with depth less than seven (7) fathoms 
as certified by the appropriate agency;
a. 
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 METHODS USED that are 
determined to be consistent with national policies set by the Department;


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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:
"SEC. 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 
large commercial fishing vessel license herein authorized to-be granted shall allow the
licensee to operate only in Philippine waters seven (7) or more fathoms deep, the depth
to be certified by the NAMRIA, and subject to the conditions thot moy 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 ot least sixty percent (60%) of the capital stock of which is owned by Filipino 
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 
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 associations 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:


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"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 commercial fishing holding a commcrciDi THE HOLDER OF A 
fishing vessel license may begin TO ENGAGE IN fishing operations in Philippine AND 
IN DISTANT WATERS, the fishing gear TO BE USED it-wfH utilize in fishing shall be 
registered and a license granted therefor. The Department shall promulgate 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-establishcd by canneries, 
seafood procesGors and all fish landing sites established pHopto the cffcctivity of this 
Code shall be considered outhorized landing sites: Provided, finally. That fishworkers 
on board Philippine registered -FLAGGED fishing 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. 38. Reportoriai Requirements. - Each commercial fishing vessel SHALL 
COMPLYWITH 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 of fish 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 BEAR within the period prescribed in the implementing rules and regulations 
promulgated by the Department. Failure to comply shall result to administrative and penal 
sanctions."


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Sec. 8. Section 44 of the same Act is hereby amended to read as follows:
"SEC. 44. Use ofSupcrfight or Fishing Light Attractor. - The number and candle 
light power or intensity of superlight 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 boys. 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 fishcrfolk coopcrativc/asGociations 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 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 area leased shall be developed and producing on o commercial scale within


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three (3) years from the approval of the Igosg contract: Provided, however, That oil 
oreoG not fully producing within five (5) yeors from the dote of appr-evaf-of the tease 
contract shall automotically revert to the public domain for 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.
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 tThe DA-BFAR, LCDs, other concerned 
agencies and—FARMCs shall determine which abandoned, undeveloped or 
underutilized fishponds covered by FLAs 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 
THEDA -BFAR, AND OTHER CONCERNED AGENCIES, and after having 
made such 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 and fish cage 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 Cora! Exploitation and Exportation. - x x x
Upon a summary finding of administrative liability, the owncr/opcrator of the fishing 
vGSScl/s, boat captain, master fisherman, 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 organizer of fishw€>rkers, THE 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 Superiights 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 consultotion with the LGUs for fishing in municipal 
waters, or in violation of the rules promulgoted by the Deportment for fishing with 
the use of superlight or fishing light ottractor 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 vessel, shall engage in fishing activity without 
complying with the vessel monitoring measures, promulgated by the Department 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 covered by this requirement. 
PROVIDED FURTHER THAT, FOR MUNICIPAL FISHING VESSELS, THE 
DEPARTMENT SHALL PROMULGATE A VESSEL MONITORING MEASURE FOR 
THE ENFORCEMENT OF THIS SECTION.


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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 aod 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 ninety (90) days 
from the effectivity of this Act.
Sec. 19. Separability Clause. - If any provision, or part hereof, is held invalid or 
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 Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation.
Approved,