Rl :IC) 
‘84 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
INTRODUCED BY HON. MANUEL B:.*VILLAR, JR. 
4 b  
EXPLANATORY NOTE 
The enactment of Republic Act No. 8550, otherwise known as “The Philippine 
Fisheries Code of 1998” brought about very tight restrictions on fishing, which as a 
consequence, adversely affected the economic condition of coastal areas. Prior to the 
effectivity of the said Code, provinces situated adjacent to the sea had substantially 
derived their revenues from fishing, which specifically had provided livelihood and 
employment to the masses. At present, small and medium scale fishermen who had 
previously been allowed to fish using traditional means are inhibited despite of the 
absence of destructive effect of such traditional fishing on fishery and its habitat. Thus, 
rendering the loss of employment and income of many of our people who had depended 
on traditional fishing for a living. Meanwhile, large-scale commercial fishermen are 
given more freedom to exploit the seas at the expense of wanton destruction of fishery 
life. With these given facts, there is a need to fine-tune our laws to make them more 
effective in responding to the needs of our fellowmen. 
It is true that it is the policy of the State to protect and to advance the right of the 
people to a balanced and healthful ecology in accord with the harmony and rhythm of 
nature. This is enshrined as one of the few self-executory provisions in the Constitution 
and has1 been repetitively enforced by the courts ofjustice in a series of cases. However, 
this provision must not be over-bent to the extent that the right of people to livelihood 
and sustainable development be denied, despite the fact that such exercise of decent 
occupation does not in any way sacrifice the right to a balanced ecology. After all, the 
State balances its interests, so that at the end of the day the primordial goal of providing 
total social and economic welfare and well being of all citizens would be achieved. 
The prompt and immediate passage of this bill deserves utmost attention. 
MANUEL B. VIqLAR, JR. 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
. 
,
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.+ r, 
INTRODUCED BY HON. MANUEL B.'vILLAR, JR.' ' 
AN ACT AMENDING REPUBLIC ACT NUMBERED EIGHTY-FIVE HUNDRED 
AND FIFTY OR OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES 
CODE OF 1998, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Section 4 of Republic Act No. 8550 is hereby amended to read as follows: 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms and 
phrases shall mean as follows: 
1. xxx. 
2. xxx. 
3. xxx. 
4. xxx. 
5. xxx. 
6. xxx. 
7. ' xxx. 
' 
8. xxx. 
9. xxx. 
10. Commercial Fishing - THE CATCHING OR CULTURE [the taking] of 
fishery species [by passive or active gear] for trade, business or profit beyond 
subsistence or sports fishing to be hrther classified as: 
a) Small-scale commercial fishing - fishing [with passive or active gear] 
utilizing fishing vessels of three point one (3.1) gross tons (GT) to twenty (20) 
GT. 
b) Medium-scale commercial jshing - fishing utilizing [active gears and 
vessels] of twenty point one (20.1) to one hundred fifty (1 50) gross tonnage. 
c) Large-scale commercialfishing - fishing utilizing active gears and vessels 
of more than one hundred fifty point one (1 50.1) GT. 
FISHING METHOD, WHICH UTILIZES A SINGLE FISHING LINE AND 
ATTACHED HOOK. 
d) COMMERCIAL HANDLINE FISHING. - A TRADITIONAL PASSIVE 


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e) COMMERCIAL HANDLINE FISHING VESSEL. - A COMMERCIAL 
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HANDLINE FISHING METHOD. 
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11. xxx. 
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12. xxx. 
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13. xxx. 
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14. xxx. 
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15. xxx. 
FISHING VESSEL WHICH EXCLUSIVELY UTILIZES THE COMMERCIAL 
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16. DESTRUCTIVE FISHING - FISHING BY SCRAPING THE BOTTOM OF 
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THE SENOCEAN FLOOR THAT DESTROYS SEA GRASS, CORAL 
REEFS AND OTHER FISH HABITAT SUCH AS THE USE OF FISHING 
GEARS AS FOLLOWS: MOTORIZED PUSH NET, LOCALLY KNOWN 
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AS DALUNGKTTAN, SUD-SOD; DREDGE FISHING, LOCALLY KNOWN 
AS KAR-KAR, PANGAHIG, AND; THE USE OF FINE MESH NETS SUCH 
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AS MOSQUITO NETS THAT HINDER THE FOOD CHAIN OF FISH. 
LOCALLY KNOWN AS BALING, SARAP, DACLIS, PUKOT. SINSORO, 
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17.REGULATED FISHING - FISHING BY THE USE BEACH SEINE, 
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SAOG-SAOG; DANISH SEINE, LOCALLY KNOWN AS BULI-BULI, 
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ZIPPER, LIKISIN, HUBOT-HUBOT; BOTTOM TRAWL, LOCALLY 
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KNOWN AS KOTO-KOTO, GALADGAD, PANG-HIPON, WHICH MAY 
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.of the fish.] 
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... 
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BE REGULATED BY THE MUNICIPAL OR CITY GOVERNMENT; 
40. Fishing Gear - any instrument or device and its accessories utilized in taking 
fish and other fishery species. 
[a. 
Active fishing gear - is a fishing device characterized by gear 
movements, and/or the pursuit of the target species by towing, lifting, and 
pushing the gears, surrounding, covering, dredging, pumping and scaring the 
target species to impoundments; such as, but not limited to trawl, purse 
seines, Danish seines, bag nets, paaling, drift gill net and tuna longline. 
b. 
Passive fishing gear - is characterized by the absence of gear 
movements and/or the pursuit of the target species; such as, but not 
limited to, hook and line, fishspots, traps and gill nets across the path 
57. Municipalfishing - refers to fishing within municipal waters by SMALL AND 
MEDIUM SCALE COMMERCIAL FISHING VESSELS IN ACCORDANCE 
WITH SECTION 18 OF THIS CODE [using fishing vessels of three (3) gross 
tons or less], or fishing not requiring the use of fishing vessels. 
SEC. 2. Section 18 of the same Code is hereby amended to read as follows: 


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SEC. 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, however, may, through its local chief executive and acting 
in pursuance to an appropriate ordinance, authorize and permit commercial fishing 
vessels to operate FROM A DEPTH OF 40 FATHOMS UP [within the ten point one 
(10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined 
herein], IN ACCORDANCE WITH THE FOLLOWING: 
a) 
SMALL AND MEDIUM-SCALE COMMERCIAL FISHING VESSELS 
SHALL OPERATE BEYOND FIVE (5) KILOMETERS FROM THE 
SHORELINE; 
OPERATE BEYOND FIFTEEN (15) KILOMETERS FROM THE 
SHORELINE. 
b) 
LARGE-SCALE 
COMMERCIAL 
FISHING 
VESSELS 
SHALL 
COMMERCIAL FISHING WITHIN THE MUNICIPAL WATERS SHALL BE 
ALLOWED AFTER THE ISSUANCE OF A PERMIT OR AUTHORIZATION FROM 
THE MUNICIPAL OR CITY GOVERNMENT; PROVIDED THAT IN NO CASE 
SHALL DESTRUCTIVE FISHING METHODS AS DEFINED IN THIS CODE BE 
EMPLOYED WITHIN THE MUNICIPAL WATERS. [Plrovided FURTHER THAT IN 
THE ISSUANCE OF PERMIT 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] a. fishing activities utilizing methods and gears that are determined to be consistent 
with national polices set by the Department. 
[c] b. prior consultation, through public hearing, with the WCFARMC has been 
conducted; and 
[d] c. the applicant vessel as well as the ship owner, employer, captain and crew have 
been certified by the appropriate agency as not having violated this Code, environmental 
laws and related laws. 
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. 
PROVIDED FURTHER THAT THE MUNICIPAL OR CITY GOVERNMENT, 
MAY ENACT AN ORDINANCE WHICH MAY REGULATE FISHING THROUGH 
THE USE OF METHODS ENUMERATED UNDER REGULATED FISHING AS 
DEFINED IN THIS CODE IN SPECIFIC AREAS IDENTIFIED TO BE THE 


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HABITAT OF ENDANGERED, RARE AND/OR THREATENED SPECIES AS 
DEFINED IN THIS CODEWITHIN THE MUNICIPAL WATERS. 
SEC. 3. Section 28 of the same Code 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 plying Philippine 
waters shall be in accordance with existing laws, rules and regulations: PROVIDED, 
HOWVER, THAT THE CONCERNED REGULATORY AGENCIES SHALL 
PROMULGATE RULES AND REGUALTIONS FOR COMMERCIAL HANDLINE 
FISHING VESSELS THAT REFLECT THE SIMPLICITY AND TRADITIONAL 
NATURE THEREOF. 
SEC. 4. Section 36 of the same Code is hereby amended to read as follows: 
SEC. 36. 
Complement of Fishing Vessels. - Every commercial fishing vessel of 
Philippine registry when actually operated, shall be manned in accordance with the 
requirements of the Philippine Merchant Marine rules and regulations: PROVIDED, 
HOWEVER, THAT THE MARITIME INDUSTRY SHALL PROMULGATE 
MANNING RULES AND REGULATIONS FOR COMMERCIAL HANDLINE 
FISHING VESSELS THAT REFLECT THE SIMPLICITY AND TRADITIONAL 
NATURE THEREOF. 
SEC. 3. Section 90 of the same Code shall be amended to read as follows: 
SEC. 90. DESTRUCTIVE FISHING METHOD [Use of Active Gear in the 
Municipal Waters and Bays and Other Fishery Management Areas] - It shall be unlawfid 
to engage in fishing in municipal waters and in all bays as well as other fishery 
management areas BY MEANS OF DESTRUCTIVE FISHING METHOD [using active 
fishing gears] as defined in this Code. 
Violators of the above prohibitions shall suffer the following penalties: 
(1) The boat captain and master fisherman of the vessels who participated in the 
violation shall suffer the penalty of imprisonment from two (2) years to six 
(6) years; 
(2) The owner/operator of the vessel shall be fined from Two thousand pesos 
(Php 2,000.00) to twenty thousand pesos (Php 20,000.00) upon the discretion 
of the court. 
If the ownedoperator is a corporation, the penalty shall be imposed on the 
If the owner/operator is a partnership the penalty the penalty shall be imposed 
chief executive officer of the Corporation. 
on the managing partner. 
(3) The catch shall be confiscated and forfeited. 
SEC. 4. Section 97 of the same Act is hereby amended to read as follows: 


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Sec. 97. Fishing or taking of rare, Threatened or Endangered Species. - It shall 
be unlawful to fish or TO WILLFULLY take rare, threatened or endangered species as 
listed in the CITES and as determined by the Department. 
“THE TERM ENDANGERED SPECIES IN THE CONTEXT OF THIS 
SECTION AND FOR CLARIFICATION OF TH EPENALTY PROVISIONS OF THIS 
ACT, SHALL MEAN ANY OF THE RARE MARINE LIFE WHICH IS DECLINING 
IN NUMBER AND IS IN DANGER OF EXTINCTION AND FOR THE PURPOSE OF 
THIS ACT ARE SPECIES LITED IN THE CITES, BUT WILL NOT INCLUDE 
SPECIES WHICH ARE REPLENISHED OR GROWN BY MAN WITH THE AID OF 
RESEARCH AND TECHNOLOGY AND WHERE ACTUAL PROPAGATION IS IN 
PLACE ASSURING THE PRESERVATION AND INCREASE OF SUCH MARINE 
LIFE. 
“Violation of the provision of this section shall be punished by imprisonment of 
twelve (12) years too twenty (20) years and/or fine of One hundred and twenty thousand 
(P120,OOO) pesos and by forfeiture of the catch, the confiscation and the cancellation of 
the fishing permit SHOULD THE CULPABLE VIOLATION BE THROUGH OR BY A 
FISHING VESSEL MANNED BY MORE THAN TWO PERSONS, THE HEAD OR 
CAPTAIN OF THE BOAT AND THOSE NECESSARILY INVOLVED IN THE 
DECISION TO FISH AND CATCH SUCH PROTECTED MARINE LIFE SHALL BE 
PRESUMED TO HAVE COMMITTED THE PROHIBITED ACT AND THE 
PENALTY PROVIDED FOR IN THE IMMEDIATELY PRECEDING PARAGRAPH 
SHALL BE IMPOSED ON THEM. 
SEC. 5. All laws, decrees, orders, rules and regulations, and other issuances or parts 
thereof inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 6. This Act shall take effect upon its approval. 
Approved.