Philippine Fisheries Code
The Philippine Fisheries Code (RA 8550) was passed in 1998, after years of
lobbying by civil society organizations working with the fisheries sector. The
Code sets food security as the overriding consideration in the utilization,
management, conservation and protection of the fishery resources.
Among the Code’s multiple objectives are: (1) conservation, protection and
sustained management of fishery and aquatic resources; (2) poverty alleviation
and the provision of supplementary livelihood among municipal fisherfolk;
and, (3) improved productivity in the industry through aquaculture, optimal
utilization of offshore and deep-sea resources, and upgrading of post-harvest
technology.
Fishery tenure reforms. In terms of instituting tenure reforms, the Fisheries
Code has certain provisions that need to be highlighted:
n Local governance over municipal waters. LGUs are given jurisdiction over
municipal waters as defined by the Code. LGUs in consultation with the
Fisheries and Aquatic Resource Management Councils (FARMCs) are given
responsibility for the management, conservation, development, protection,
utilization, and disposition of all fish and fishery/aquatic resources within
their respective municipal waters. FARMCs are to be formed by fisherfolk
organizations and NGOs in the locality and assisted by the LGUs and other
government entities. In the case of bays and lakes which straddle several
municipalities and cities, the LGUs which share or border such resources may
group themselves and coordinate with each other to achieve the objectives
of integrated fishery resource management.
n Preferential access. The Code limits access to fishery and aquatic resources
in the country to Filipino citizens and gives small fisherfolk and their
organizations the preferential use of municipal waters. Municipal waters are
defined to include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected
areas as defined under RA 7586 (NIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also coastal marine waters within
15-kilometer from the shore. Commercial-scale fishing is not allowed in
municipal waters, except in special cases where they are given municipal
permits, and only in waters over 10 kilometers from the shore with a depth
of at least seven fathoms (12.8 meters).
n Fisherfolk organizations/cooperatives whose members are listed in the registry
of municipal fisherfolk, may be granted use of demarcated fishery areas to
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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