FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
FEB 10 P3 :58 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article II, Section 16 provides: 
Section 16. The State shall protect and advance the right of the people to a 
• 
balanced and healthful ecology in accord with the rhythm and harmony of nature. 
The aquaTium aquatic life collecting industry must be regulated to ensure the health of the 
, 
country's coral reefs and aquatic life. The industry of harvesting fish and other marine creatures 
for home and commercial aquariums remains largely unregulated, raising environmental 
concerns. 
'. 
The purpose of this Act is to regulate the aquarium aquatic life collecting industry by 
implementing prohibitions and a system of fines for violators. 1 
1 This bill was originally filed during Third Regular Session ofthe Fourteenth Congress. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
FEB 10 P3:58 
• 
SENAU: 
S. No. i!ti84 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
'. 
2 
REGULATING THE AQUARIUM AQUATIC LIFE COLLECTING INDUSTRY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
3 
SECTION 1. Short Title. - This Act shall be known as the "Aquarium Aquatic Life Act." 
, 
4 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to give 
5 
the highest priority to the protection of the environment, particularly marine life. Towards this 
6 
end, this Act shall regulate the aquarium aquatic life collecting industry to ensure the health of 
7 
the country's coral reefs and aquatic life. 
8 
SECTION 3. Definitions. - In this Act, the term-, 
9 
(a) 
"Aquarium collecting gear" means any equipment used to collect aquarium fish or 
10 
animals including, but not limited to, hand nets, fence OF barrier nets, fiberglass or "tickle sticks", 
11 
catch buckets, keeps, or baskets; 
12 
(b) 
"Aquarium purpose" means to hold saltwater fish, freshwater non-game fish, or 
13 
other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition 
14 
or display, or for sale for these purposes. Saltwater fish, freshwater non-game fish, or other 
15 
aquatic life held alive in a state of captivity as food for human consumption shall not be 
16 
considered an aquarium purpose; 
17 
(c) 
"Collect" means to take, catch, harvest, or confine, or to attempt to take, catch, 
• 
18 
harvest, or confine aquatic life. The use of any aquariu.m collecting gear to take, catch, capture, 
19 
harvest, or confine, or to attempt to take, catch, capture, harvest, or confine aquatic life by any 
'. 
20 
person who is on or about the shores of the Philippines or in a vessel in Philippine waters shall 
21 
be construed as collecting under this section; and 
1 


" 
';" 
1 
(d) 
"Depmiment" means the Department of Environment and Natural Resources, 
2 
SECTION 4. Aquarium Aquatic Life Selling Permit. - No natural person, corporation, 
, 
3 
partnership, or association shall sell, trade, or distribute aquarium aquatic life for aquarium 
4 
purposes without a permit from the Department of Environment and Natural Resources, 
5 
SECTION 5. 
Approved Aquarium Collectin~ List of Aquatic Species. -
(a) The 
6 
Department shall develop and maintain an approved aquarium collecting list of aquatic species. 
7 
No aquatic species shall be collected or sold for aquarium purposes unless the species appears on 
8 
the approved aquarium collecting list. 
9 
(b) 
The approved aquarium collecting list shall only include species that are shown 
10 
by a Department or other government agency study to meet the following criteria: 
11 
(I) 
The species can survive capture, transport, and captivity for at least one hundred 
12 
eighty (180) days; 
13 
(2) 
Based on historical evidence, the spepes is part of a stable or increasing 
14 
population trend in the area where the species is being collected; 
• 
15 
(3) 
The removal of the specie does not negatively impact the reef ecosystem by 
16 
contributing to algae overgrowth for herbivores, parasite overload on other reef 
17 
fishes for cleaner wrasses and cleaner shrimps, or other harmful effects; 
18 
(4) 
The species is not endemic to the Philippijles; 
" 
19 
(5) 
The species is not endangered or vulnerable, as classified by the Depatiment in 
20 
accordance with laws, international conventions, or rules and regulations; and 
21 
(6) 
Such other criteria as may be prescribed by the Department. 
22 
(c) 
The Department may recognize indigenous Philippine traditional and customary 
23 
rights with regm·d to marine resources for subsistence, cultural, or religious purposes, 
24 
(d) 
The Depmimen( shall inform all permit holders under section 4 of (he species 
25 
included in the aquarium collecting list and the penalties for failure to comply with the 
26 
restrictions regarding the collection of aquatic life. 
27 
SECTION 6. Penalties. - (a) Any natural person" corporation, partnership, or association 
28 
who collects aquatic life not on the approved aquarium ~ollecting list shall be fined five thousand 
29 
pesos (P5,000) for each specimen collected. If the specimen is an endangered or vulnerable 
2 


• 
• 
1 
species as classified by the Department, the fine shall .be twenty thousand pesos (P20,000) for 
2 
each endangered species collected. 
3 
(b) 
Any natural person, corporation, partnership, or association that sells aquatic life 
4 
not on the appro"cd aquarium collecting list shall be fined ten thousand pesos (P 10,000) for each 
5 
specimen sold. If the specimen is an endangered or I.vulnerable species as classified by the 
6 
Department, the fine shall be thiliy thousand pesos (P30,.(lOO) for each endangered species sold. 
7 
(c) 
Any natural person, corporation, partner~hip, or association that sells aquatic life 
8 
without the permit referred in section 4 shall be fined ten thousand pesos (P1O,OOO) for each day 
9 
of violation. 
10 
SECTION 7. Rules and Regulations. - The Department shall promulgate the necessary 
'. 
11 
rules and regulations to eanoy out the objectives of this Act. 
12 
SECTION 8. Separability Clause. - If any provision, or part hereof is held invalid or 
13 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
14 
valid and subsisting. 
15 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
16 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
17 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
18 
SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
19 
publication in at least two (2) newspapers of general circlliation. 
Approved, 
/jab 
'. 
3