The Philippine Fisheries Code of 1998 (as amended)

Ancillary Industries

Firms or companies related to the supply, construction, and maintenance of fishing vessels, gears, nets, and other fishing paraphernalia; fishery machine shops; and other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration, processing plants, and other pre-harvest and post-harvest facilities.

Appropriate Fishing Technology

Adaptable technology, both in fishing and ancillary industries, that is ecologically sound, locally source-based, and labor-intensive.

Aquaculture

Fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish, and marine water areas.

Aquatic Pollution

The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure.

Aquatic Resources

Includes fish, all other aquatic flora and fauna, and other living resources of the aquatic environment, including, but not limited to, salt and corals.

Artificial Reefs

Any structure of natural or man-made materials placed on a body of water to serve as shelter and habitat, a source of food, breeding areas for fishery species, and shoreline protection.

Catch Ceilings

Refer to the annual catch limits allowed to be taken, gathered, or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms.

Closed Season

The period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters.

Coastal Area/Zone

A band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches, and other areas within a seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds, and other soft-bottom areas.

Commercial Fishing

The taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing, to be further classified as:

undefined

undefined

undefined

Fishing

The taking of fishery species from their wild state of habitat, with or without the use of fishing vessels.

Fishing gear

Any instrument or device and its accessories utilized in taking fish and other fishery species.

Active fishing gear

A fishing device characterized by gear movements and/or the pursuit of the target species by towing, lifting, and pushing the gears.

Passive fishing gear

A fishing device characterized by the absence of gear movements and/or the pursuit of the target species.

Fishing vessel

Any boat, ship, or other watercraft equipped to be used for taking fishery species or aiding or assisting other vessels in fishing activities.

Fishing with Explosives

The use of dynamite, other explosives, or other chemical compounds to kill, stupefy, disable, or render unconscious fishery species.

Fishing with Noxious or Poisonous Substances

The use of substances, plant extracts, or chemicals that kill, stupefy, disable, or render unconscious fishery species.

Fishworker

A person regularly or not regularly employed in commercial fishing and related industries.

Food Security

Ensuring adequate supplies of appropriate food at affordable prices.

Foreshore Land

Land margining a body of water between the low-water line and the upper limit of wave wash at high tide.

Fully-developed Fishpond Area

A clean leveled area enclosed by dikes, producing fish in a commercial scale.

Gross Tonnage

The total volume of a vessel's closed-in spaces.

Inland Fishery

Freshwater fishery and brackishwater fishponds.

Lake

An inland body of water, expanded part of a river, or a reservoir formed by a dam.

Limited Access

A fishery policy establishing equitable resource allocation through fishery rights granting and licensing procedures.

Mangroves

A community of intertidal plants found on coasts, swamps, or border of swamps.

Maximum Sustainable Yield (MSY)

The largest average quantity of fish that can be harvested from a fish stock/resource on a sustainable basis.

Migratory species

Fishery species that travel between freshwater and marine water or over great distances in the ocean.

Monitoring, control, and surveillance

Continuously observing fishing effort, characteristics of fishery resources, and resource yields, regulating conditions, and maintaining compliance with regulations.

Municipal fisherfolk

Persons engaged in municipal fishing and related activities.

Municipal fishing

Fishing within municipal waters using small fishing vessels or without the use of fishing vessels.

Municipal waters

Waters within the municipality, including marine waters up to fifteen kilometers from the coastline.

Non-governmental organization (NGO)

An agency or group assisting people's organizations in various ways.

Payao

A fish aggregating device consisting of a floating raft anchored by a weighted line with suspended materials to attract pelagic and schooling species.

Pearl Farm Lease

Public waters leased for the purpose of producing cultured pearls.

People's Organization

A bona fide association of citizens working for their own upliftment and development.

Person

Natural or juridical entities such as individuals, associations, partnerships, cooperatives, or corporations.

Philippine waters

All bodies of water within the Philippine territory, including the Exclusive Economic Zone and the continental shelf.

Post-harvest facilities

Facilities for fish processing, storage, and transportation.

Purse Seine

A form of encircling net that can be drawn or pursed to concentrate fish in a bag.

Resource Rent

The difference between the value of harvested products and the cost of producing them.

Sea farming

Stocking marine plants or animals under controlled conditions for rearing and harvesting.

Sea ranching

Releasing young fishery species into natural bodies of water for subsequent harvest or manipulating fishery habitat to encourage the growth of wild stocks.

Secretary

The Secretary of the Department of Agriculture.

Superlight

A type of light using halogen or metal halide bulb to attract fish and their food chain.

Total Allowable Catch (TAC)

The maximum harvest allowed from a fishery area or species within a given period.

Trawl

A fishing gear consisting of a bag-shaped net dragged or towed along the bottom or through the water column to catch fishery species.

Community Service

Any service or activity performed for the benefit of the community in lieu of payment of fines.

Conservation and Management Measures

Measures to conserve and manage living marine resources in accordance with international law.

Distant Water Fishing

Fishing in the high seas or waters of other states.

Fishing Light Attractor

A fishing aid that uses lights to attract fish and their food chain to specific areas.

undefined

Regional Fisheries Management Organization (RFMO)

A multi-lateral organization responsible for coordinating management and establishing conservation measures for highly migratory fish stocks, fish stocks that straddle national fisheries management boundaries, and other high seas species.

Serious Violation

Any violation of the provisions of this Code, including fishing without a valid license, fishing without reporting or misreporting the catch, fishing in closed areas or during closed seasons, fishing of prohibited species, fishing with prohibited gear or methods, falsifying or tampering with vessel markings, concealing or disposing of evidence, assaulting or obstructing fisheries law enforcers, tampering with vessel monitoring systems, and committing multiple violations that constitute a serious disregard of this Code.

Superlight (Magic Light)

A type of light using halogen or metal halide bulb, located above the sea surface or submerged in the water, consisting of a ballast, regulator, electric cable, and socket, powered by a generator, battery, or dynamo coupled with the main engine.

Transhipment

The transfer of fish or fishery products from one fishing vessel to another.

Unregulated Fishing

Fishing activities conducted by vessels without nationality but operated by Filipino individuals or corporations, Philippine flagged fishing vessels operating in areas managed by RFMOs to which the Philippines is not a party, or Philippine flagged fishing vessels operating in areas or fish stocks without applicable conservation and management measures.

Unreported Fishing

Fishing activities that have not been reported or have been misreported to the Department, in contravention of national laws and regulations of the Philippines, or in the area of competence of a relevant RFMO, in contravention of the reporting procedures of that organization.

Overfished Areas

Areas in municipal waters that have been determined to be overfished or in danger of being overfished, leading to the need for restrictions or prohibitions on fishery activities.

Support to Municipal Fisherfolk

Assistance provided by the Department and LGUs to municipal fisherfolk, including technology and research support, credit, production and marketing assistance, and training for additional livelihood opportunities.

Rights and Privileges of Fishworkers

Entitlements and benefits accorded to fishworkers, including those under the Labor Code, Social Security System, and other laws or social legislation for workers.

Commercial Fishing Vessel License

A license required for operating a commercial fishing vessel, pearl fishing vessel, or fishing vessel for scientific, research, or educational purposes, as well as for engaging in fishery activities or seeking employment as a fishworker or pearl diver.

Persons Eligible for Commercial Fishing Vessel License

Eligibility criteria for obtaining a commercial fishing vessel license, limited to citizens of the Philippines, partnerships, or associations, cooperatives, or corporations registered in the Philippines with at least 60% Filipino ownership.

Commercial Fishing Vessel Registration

The process of registering, documenting, inspecting, and manning all types of fishing vessels operating in Philippine waters in accordance with laws, rules, and regulations.

Registration and Licensing of Fishing Gears

Requirement for commercial fishing vessels to register and obtain licenses for the fishing gears they will utilize in fishing operations in Philippine waters.

Renewal of Commercial Fishing Vessel License

The need to renew a commercial fishing vessel license every three years, with a 60-day renewal period prior to the expiration of the license.

Transfer of Ownership

Obligation for the owner/operator of a registered fishing vessel to notify the Department in writing of any intention to transfer the ownership of the vessel within ten days before the transfer.

Distant Water Fishing

Permission for Philippine registered fishing vessels to engage in distant water fishing, subject to compliance with safety, manning, and other requirements, as well as securing necessary permits, licenses, and clearances from the Department.

Incentives for Municipal and Small-Scale Commercial Fisherfolk

Incentives granted to municipal and small-scale commercial fisherfolk, including access to credit and guarantee funds for post-harvest and marketing projects, capability-building programs, and information campaigns.

Incentives for Commercial Fishers to Fish Farther into the Exclusive Economic Zone

Additional incentives provided to fishing vessel operators to encourage fishing operations in the Exclusive Economic Zone, such as long-term loans, tax and duty exemptions, duty and tax rebates on fuel consumption, and applicable incentives under the Omnibus Investment Code of 1987.

Complement of Fishing Vessels

Requirement for every commercial fishing vessel to be manned in accordance with the requirements of the Philippine Merchant Marine rules and regulations.

Medical Supplies and Life-Saving Devices

Obligation for all fishing vessels to be equipped with adequate medical supplies and life-saving devices, with fishing vessels of 20 GT or more required to have a certified first aider as a crew member.

Reportorial Requirements

Obligation for each commercial fishing vessel to keep a daily record of fish catch and spoilage, landing points, quantity and value of fish caught, and transmit the information to BFAR within a prescribed period.

Report of Meteorological and Other Data

Requirement for vessels engaged in fisheries activity to contribute to meteorological and other data and assist the Department in documentation or reporting of information vital to navigation and the fishing industry.

Color Code and Radio Frequency

Assignment of a color code and specific radio frequency to registered fishing vessels for administrative efficiency and enforcement of regulations.

Passage

Designation of specific navigational lanes for commercial and other passage not related to fisheries activity.

Port State Measures

Adoption of measures by the Department to be complied with by foreign fishing vessels, including prior notification of port entry, use of designated ports, catch and other documentation requirements, and port inspections.

Operation of Radio Communication Facilities on Board Fishing Vessels

Guidelines for the operation of radio communication facilities on board fishing vessels and the assignment of radio frequencies specific to the area of operation.

Use of Superlight or Fishing Light Attractor

Regulation of the number, candle light power, or intensity of superlight and fishing light attractor used in commercial fishing vessels, with a ban on the use of superlight within municipal waters and bays.

Disposition of Public Lands for Fishery Purposes

Prohibition on the disposal or alienation of public lands suitable for fishery operations, with the issuance of Fishpond Lease Agreements (FLAs) primarily to qualified fisherfolk cooperatives/associations and small and medium enterprises.

Lease of Fishponds

Conditions for leasing fishpond areas, including size limitations, lease duration, and priority

Area Lease Development

The area leased must be developed and producing on a commercial scale within three years from the approval of the lease contract. Failure to comply will result in automatic reversion to the public domain for reforestation.

Subleasing Prohibition

The fishpond shall not be subleased, in whole or in part. Failure to comply will result in the cancellation of the Fishpond Lease Agreement (FLA).

Transfer of Rights

The transfer or assignment of rights to FLA is allowed only with prior written approval from the Department.

Reforestation Obligation

The lessee is required to undertake reforestation for river banks, bays, streams, and seashore fronting the dike of his fishpond, subject to rules and regulations to be promulgated.

Environmental Pollution Minimization

The lessee must provide facilities such as settling ponds and reservoirs to minimize environmental pollution. Failure to comply will result in the cancellation of FLA.

Code of Practice for Aquaculture

The Department will establish a code of practice for aquaculture to promote sustainable development. It will be developed through a consultative process with various stakeholders.

Incentives for Sustainable Aquaculture Practices

The Department will formulate incentives and disincentives, such as effluent charges and user fees, to encourage compliance with environmental standards and promote sustainable management practices.

Reversion of Abandoned Fishponds

The DENR, in coordination with other agencies, will determine abandoned fishponds covered by FLAs that can be reverted to their original mangrove state and take necessary steps for restoration.

Cancellation of Lease for Absentee Holders

FLA holders who acquire citizenship in another country will have their lease automatically cancelled and improvements forfeited to the government.

Licensing of Fish Pens, Cages, Traps

Fish pens, cages, traps, and other structures for fish culture can only be constructed and operated within designated zones after securing the necessary licenses. The area and stocking density will be determined by LGUs.

Pearl Farm Leases

Existing pearl farm leases will be respected, and new leases may be granted to qualified individuals by the LGUs.

Privileges for Municipal Fisherfolk

New concessions, licenses, permits, and leases for fish pens, cages, and similar structures in municipal areas will only be granted to municipal fisherfolk and their organizations.

Insurance for Fishponds, Cages, Pens

Inland fishponds, fish cages, and fish pens will be covered under the insurance program of the Philippine Crop Insurance Corporation for losses caused by force majeure and fortuitous events.

Non-Obstruction to Navigation

Construction in fish pens, cages, traps, and fishponds should not obstruct free navigation in streams, rivers, lakes, or bays. Violations will result in removal at the expense of the lessee.

Non-Obstruction to Migration Paths

Construction should not obstruct defined migration paths of migratory fish species. Violations will be determined by concerned LGUs in consultation with FARMCs.

Registration of Fish Hatcheries and Private Fishponds

Fish hatcheries, breeding facilities, and private fishponds must be registered with LGUs. Fishpond, fish pen, and fish cage operators must annually report to the Department on species and production.