The Fisheries Modernization Code of 1998

7/31/2019 The Fisheries Modernization Code of 1998

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RA 8550 and its IRR


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Land area: 301 000 km

Total marine water area (including EEZ):2 200 000 kmShelf area (to depth 200 m):

184 600 kmLength of coastline: 17 460 kmPopulation (2003): 81 081 457)


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GDP at current prices (2003): US$ 83 284million

GDP per head (2003): US$ 1 027.2Agricultural GDP (2003): US$ 12 353

million

Fisheries GDP (2003): US$ 1 832millionNote: Based on an exchange rate of US$ 1 = peso51.63 (2003)


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Production(1) Imports Exports Totalsupply Percapitasupply

Data for2003

tonnes live weight kg/year

Fish fordirect humanconsumption

2 393 659 96 944 155 129 2 335 474 28.8

Fish foranimal feedand otherpurposes

236 735 96 602 (2) 1 069 (3) 332 268

Notes: (1) Excludes 988 888.2 t of seaweed (wet weight). (2) Includes 44 567 tof fishmeal (~89 134 t live weight). (3) Excludes 42 594 t of seaweed (dry

weight).


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Overall Fisheries SectorThe Philippine fisheriesindustry comprises marine

fisheries, inland fisheries,and aquaculture. Marinefisheries can be furtherdivided into municipalfisheries and commercialfisheries. Recreationalfisheries have notdeveloped in the country.


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Municipal marine fisheries operate in coastal waterswithin 15 km from the coastline (municipal marine

waters), using vessels 3 GRT, as well as fishingwithout the use of vessels. Commercial fisheriesoperate outside municipal waters, using vessels >3 GRT.

Inland fisheries operate in inland waters such as lakes,reservoirs and rivers, including estuaries. Aquacultureinvolves aquatic organisms in fresh, brackish and marinewaters.


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The Philippines ranked eleventh among the top fishproducing countries in the world in 2003, withproduction of 2.63 million tons of fish, crustaceans,mollusks and aquatic plants (including seaweed).

As an archipelagic state with over 2.2 million km2 ofhighly productive seas, the Philippines is fortunate tohave vast fishery resources at its disposal. However, allof the countrys main fish species and marine organismsare showing signs of overfishing.


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In 2003, reported marine fisheries productionwas 2 169 164 tonnes: 45.38% from municipaland 54.62% from commercial fisheries.

Tables 1 and 2 show catches of the major

species in municipal and commercial fisheriesin 2003.


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Table 1. Catches of the main species in the municipalmarine fisheries sector in 2003

Species Volume (tons) As % of totalBig-eyed scads 64 354 7.0Frigate tuna 64 326 7.0Roundscad 55 980 6.1

Indian mackerel 45 083 4.9Anchovies 42 447 4.6Indian sardines 40 051 4.3


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Table 1. Catches of the main species in the municipalmarine fisheries sector in 2003

Species Volume (tons) As % of totalYellow fin tuna 39 767 4.3Squid 37 735 4.1Slipmouth 33 528 3.6

Blue crab 31 433 3.4Other 467 147 50.7Total 921 851 100.0Source: BFAR, 2005


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Table 2. Catches of the main species in the commercialmarine fisheries sector in 2003

Major species Volume (tons) As % of totalRoundscad 254 659 22.9Indian sardines 130 024 11.7Frigate tuna 114 760 10.3Skipjack 114 077 10.3Yellowfin tuna 87 473 7.9Big-eyed scad 39 621 3.6


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Table 2. Catches of the main species in the commercialmarine fisheries sector in 2003

Major species Volume (tons) As % of total

Fimbriated sardine 36 358 3.3Slipmouth 36 313 3.3Indian mackerel 32 037 2.9Anchovies 28 654 2.6Others 235 660 21.2Total 1 109 636 100.0Source: BFAR, 2005


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PHILIPPINE FISHERIESFish is the primary source of protein in the Filipinodiet. Some 2,000 species abound in Philippine waters.Despite more than a doubling in output since the 1960s,the fishing industry remains relatively undeveloped,

and large quantities of fish are imported. The Bureau ofFisheries and Aquatic Resources (BFAR) cites thecontinued environmental degradation of Philippinewaters as a major constraint on fish production. In2000, the total domestic fish catch was 1,892,832 tons(12th in the world), of which 8% came from inlandwaters. Exports of fish products in 2000 were valued at$400 million.


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PHILIPPINE FISHERIES(contd)

Six species are most important, according to BFAR,because each has yielded 100,000 tons per year or

more since the mid- 1980s. These species are:sardines, roundscad, frigate tuna, anchovies,milkfish, and tilapia. Indian mackerel, skipjack andyellowfin tuna, sea bass, red snapper, mullet,kawakawa, squid, and prawn are also plentiful.Principal commercial fishing grounds are offPalawan, north of Panay and Negros, and to thesouth and west of Mindanao.


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PHILIPPINE FISHERIES (contd)

Subsistence fishing is conducted throughout thearchipelago. Fish ponds, chiefly for cultivation ofbangus or milkfish, are principally in the swampycoastal areas of western Panay and around Manila Bay.Pearl shells (including cultured pearls), sponges, seacucumbers (trepang), shark fins, and sea turtles are

exported.


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Philippine seas supply food for the whole country andlivelihood for millions of people. Fisheries are economically,culturally, socially and ecologically important to allFilipinos. These resources are in crisis as evidenced by thedeclining fish catch, size and species composition aroundthe country.The current condition of fisheries in the Philippines andworldwide is bleak. Overfishing, illegal fishing and habitatdestruction combined with increased demand for fish and

population growth continue to drive fisheries productioninto a deeper abyss. Seemingly impossible just 20 years ago,protein deficiency among fishing communities is nowincreasing at an alarming rate.


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Table 1. FISHERIES MANAGEMENT PROBLEMS IN THEPHILIPPINES

CORE PROBLEMS CONTRIBUTING FACTORSLoss of marine Overfishing

biodiversity Illegal and destructiveDeclining fish stocks fishingLoss of revenues and Coastal and habitatbenefits from fisheries and degradationcoastal resources Siltation and pollution

Post-harvest lossesInefficient marketing


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CORE PROBLEMS CONTRIBUTING FACTORS Inequitable distribution of Open accessbenefits from fisheries and Inter- and intra-sectoralcoastal resource uses conflicts

Low awareness andparticipation inmanagement

Lack ofemployment/povertyamong municipal fishers


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CORE PROBLEMS CONTRIBUTING FACTORS Population growth Low awareness of the

implications ofoverpopulation and foodsecurity

Lack of deliverymechanisms for

reproductive healthprograms in rural coastalcommunities


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CORE PROBLEMS CONTRIBUTINGFACTORS

Inconsistent policies and Continued investmentsprograms for sustainable in production-Fisheries oriented programs

Conflicting and

fragmented nationalpolicies


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CORE PROBLEMS CONTRIBUTING FACTORSWeak institutional Absence of a vision for institutionaland stakeholder change to support sustainable fisheries

capacity to Inadequate technical and financialsupport to LGU fisheries managementplan and initiativesImplement Weak and inadequate law enforcementFisheries Inadequate interagency coordinationmanagement mechanisms for fisheries and

coastal resource management


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CORE PROBLEMS CONTRIBUTING FACTORS Lack of a constituency Low awareness and understandingfor sustainable fisheries of the implications of overfishing

security and economicdevelopment

Polarization of stakeholders overmeans to achieve sustainablefishing


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The solutions to address these problems are challenging.Tough decisions must be made to stabilize and reverse thenegative trends plaguing fisheries and coastal habitats today.Fisheries and coastal resource management must beprioritized by national and local stakeholders to ensure foodon the table today, and fish catch in the future andcontinued economic benefits from the rich coastalecosystems of the Philippines. Develop ecosystem-basedfisheries management program to address critical threats tofisheries and other coastal resources.


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Fish Kill in Taal LakeCaused by GlobalWarming?Lack of Oxygen Due toOverstocking of Fish

Pens Main Cause of Fish Kill

Not true. Fisheries officials confirmed reportsthat overstocking of tilapia or milk fish in illegalfish pens caused the fish kill in Taal Lake.


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Now, there are severalfactors that need tobe pointed out here.First, there is the

overstocking of fish.As there is only alimited amount

of oxygen that can be

found in the Taal Lake , it is only right to supposethat the lake can only support a limited amount offish.


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Having thousands of cages with around a hundredthousand fish in them (at least for the illegalpens) have surely depleted the oxygen levels inthe lake


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Illegal Fish Pen Operators Build Cages too Deep

Secondly, we have the fish pens being setupillegally. According to a report by the PhilippineDaily Inquirer , there are over 300 illegal fishpens operations in Talisay City alone.
http://newsinfo.inquirer.net/13326/paje-orders-filing-of-raps-vs-illegal-fish-pen-operatorshttp://newsinfo.inquirer.net/13326/paje-orders-filing-of-raps-vs-illegal-fish-pen-operatorshttp://newsinfo.inquirer.net/13326/paje-orders-filing-of-raps-vs-illegal-fish-pen-operatorshttp://newsinfo.inquirer.net/13326/paje-orders-filing-of-raps-vs-illegal-fish-pen-operators


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These illegal operators not only overstock theircages, they build them too deep as well. Instead ofthe recommended fish cage depth of only 6 meters,theirs are 15 meters deep.


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According to the report, the mixing of hot and coldwater at this depth of the lake leads to the rising ofsediments. These sediments, in turn, asphyxiate thefish.


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In February 1998, the Philippine Fisheries Code(Republic Act 8550) was signed into law. TheCode consolidates all laws pertaining to thefisheries sector and repeals or modifiesprevious statutes that are inconsistent with it.It declares as a state policy that achieving

food security is the main consideration in thedevelopment, management, and conservationof fisheries and aquatic resources.


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Its provisions reflect a strong adherence tolong-term sustainability, fully recognizing itsmultiple dimensions and complex elements inthe fisheries context through severalprohibitive and regulatory measures seeking tobalance protection with reasonable and

responsible use


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AN ACT PROVIDING FOR THEDEVELOPMENT, MANAGEMENT ANDCONSERVATION OF THE FISHERIES ANDAQUATIC RESOURCES, INTEGRATING ALLLAWS PERTINENT THERETO, AND FOROTHER PURPOSES


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Objectives:* to achieve food security

*a flexible policy towards the attainment of food security shall be adopted in response tochanges in demographic trends for fish,emerging trends in the trend of fish, and other aquatic products.

* to limit access to the fishery and aquaticresources of the Philippines for the exclusiveuse and enjoyment of Filipino citizens


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Objectives:

* to provide support to the fishery sector* poverty alleviation and the provision of

supplementary livelihood among municipalfisher folk

*

conservation, protection and sustainedmanagement of the countrys fishery andaquatic resources


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Sec. 3 Application of its provisions

* all Philippine waters including other watersover which the Philippines has sovereigntyand jurisdiction, and the country's 200nautical mile Exclusive Economic Zone (EEZ)

and continental shelf;


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Sec. 3 Application of its provisions* all aquatic and fishery resources whether

inland, coastal or offshore fishing areas,including but not limited to fishponds, fishpens/cages; and

*

all lands devoted to aquaculture, orbusinesses and activities relating to fishery,whether private or public lands.


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IMPLEMENTING RULES AND REGULATIONSRule 3.1 Jurisdiction. The Department, through theBureau of Fisheries and Aquatic Resources (BFAR), incooperation with concerned national agencies, shallhave the responsibility and jurisdiction in themanagement, conservation, development, protection,utilization, and disposition of all fisheries and aquaticresources of the country, except municipal waters.However, in municipal waters the DA-BFAR maycoordinate with and assist the LGUs, FARMCs, andother government agencies concerned in thedevelopment, conservation, protection, utilizationand management of fisheries and aquatic resources.


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IMPLEMENTING RULES AND REGULATIONS

Rule 3.2 The Department and the Department ofEnvironment and Natural Resources (DENR) shall,within one (1) year from the effectivity of this IRR,issue a Joint Memorandum Order to clarify theirrespective jurisdiction and authority on the

management of fisheries resources.


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ImplementingAgencies/Departments:*

Bureau of Fisheries and Aquatic Resources(BFAR)-under Department of Agriculture

* FAMRCs- the Fisheries and Aquatic

Resources Management Councils


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ImplementingAgencies/Departments:*

and in collaboration with the followingdepartments:* Department of National Defense* Department of the Interior and Local Government*

Department of Foreign Affairsfor the efficient monitoring, control and surveillance offishing activities within Philippine territorial waters andproved the necessary facilities, equipment and training.


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Other agencies directly involved orinfluencing fisheries managementinclude:* Department of Environment andNatural Resources (DENR) through itscoastal environment programs.

* protection, rehabilitation andenhancement of coastal habitats;


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Other agencies directly involved orinfluencing fisheries managementinclude:*

National Fisheries Research and DevelopmentInstitute (NFRDI), the legally mandatedprimary research arm of BFAR.

* Philippine Council for Aquatic and MarineResearch and Development (PCAMRD) underthe Department of Science and Technology(DOST), for fisheries research coordination.


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Other agencies directly involved orinfluencing fisheries management include:* Bureau of Agricultural Research, forfisheries research coordination.

* Department of Agriculture, of which BFARis part, through the Agriculture andFisheries Modernization Act of 1997 (R.A.8435), which includes fisheriesmanagement and coastal development.


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Other agencies directly involved orinfluencing fisheries management include:* NAMRIA, the mapping agency, responsiblefor establishing the limit of the EEZ, sealanes and delineating municipal waters.

* Military organizations (Navy and Air Force)that provide support for Monitoring,Control and Surveillance (MCS) activitiesoffshore when available.


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Other agencies directly involved orinfluencing fisheries managementinclude:* Philippine Coast Guard, Maritime Policeand LGU Enforcement personnelresponsible for assisting municipalities

and the national agency in coastal and,where possible, offshore enforcementactivities.


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Other agencies directly involved orinfluencing fisheries managementinclude:* LGUs and Municipalities for coastalarea management, includingcompliance monitoring

* Many NGOs that are active on variousissues in fisheries.

Documents

The Fisheries Modernization Code of 1998