Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
15th Congress
First Regular Session

alpen 203

HOUSE BILL No. __

Introduced by Representative Lorenzo R. Tafiada Ill

EXPLANATORY NOTE

The weak penalties provided for in certain sections of Chapter VI, Article Il of R.A. 8550,
otherwise known as the Fisheries Code of 1998 do not effectively restrain commercial fishing
operators from encroaching in municipal fishing grounds. Nor is it enough to hinder violators
from continuing with their illegal activities.

This bill principally increases fines and period of imprisonment to serve as a harsh penalty for
violators and emphasize the government's commitment to protecting and sustaining the
county's fishery and aquatic resources. The increase in penalties for fishery violations attests
to the undertying principle of giving preference to municipal fisherfolk over the utilization of
municipal waters.

Most of the proposed revisions on penalties were based on those imposed under Presidential
Decree 705. Harsher penalties were considered since the acts being penalized are already
causing serious depletive effects on the resources than other violations of the same nature.
Resulting harm or injury to persons has also been accorded heavier penalties as we value
human life above anything else.

The classification of fishing gears was also modified from ‘passive’ and ‘active’ to ‘allowed’
and ‘not allowed’ to provide more latitude in deciding which gears belong to each
category. This classification would be able to capture not only the use of the gear but also
how it is handled and its depletive effects to the resources as well. The modification on the
Classification of gears also gives reasonable discretion to local government units in the
formulation of regulations to determine which gears are allowed or not. However, this
discretion is tempered by strict regulation over which an LGU may allow a gear within its
jurisdiction.

Adjustment with regard to the penalty imposed is also needed to cover confiscation and
forfeiture of the gears and the vessels, aside from the catch. Previous violators have
continued their illegal activities despite being caught before, because the harmful gears
were consequently released and the cost of the fines were negligible compared to the
volume of their catch and the profit that they get from their illegal activities. This time, even
the carrying vessels can be subject for confiscation.

The proposed higher penalties and stiffer fines would be based on the value of the damage
wrought by the violation. Such is the case with corals. Corals play a significant role in the
marine ecosystem and their exploitation and exportation have depleted this foremost marine
habitat, thus resulting to degradation of the fishery resources over damaged areas.

It has been proven through time that the use of superiights for fishing has been causing
alarming drops in the population of fish and aquatic species in the sea. Use of this accessory
have been proven to be depletive as it attracts all types of fish in various stages of growth
within the span of light it emits, thereby causing a dangerous dip in the population of fish and


aquatic resources, hence the decision to ban the use superiights in Philippine waters
municipal or otherwise. In the same vein, the use of compressors for fishing have also been
banned in this act and the accessory itself declared as prohibited due to the damage it
causes to the health of the fishers using it.

Aside from the penalty of imprisonment and fines, other damages have also been included
as one of the penalties that may be incurred by a violator for illegally converting mangroves
into fishponds. This includes reparation and compensation for the destruction caused upon
the mangrove ecosystem, which has been scientifically valued higher considering its role in
the life cycle of most fishes.

This act also seeks to give greater authority to local government units in managing the
municipal waters and other inland bodies of water.

The inclusion of labor and safety standards as additional compliance for commercial fishing
operators was brought about by the proliferation and persistence of labor violations and
abuses with regard to working standards in these situations, aside from the increasing
incidents of child labor in fishing activities. With this provision, violators can be denied renewal
of license, and thus be forced to comply with labor and safety standards.

Violations of the Code of Practice on Aquaculture and Environmental Impact Statement
System of 1978 committed by the big players in the fishing and aquaculture industry are too
grave. They aggravate the marginalization of the fisherfolk, which conflicts with the policy of
sustainable development of fishery resources. Thus, this t00 is being addressed by this act.

This act also institutionalizes an incentive scheme for Bantay-Dagat members and other LGU-
deputized volunteer fishery law enforcement officers.

There is a need to make incontrovertible the right of any citizen or citizens’ group to file suit for
violations of the law on fisheries. This will make the justice system more accessible to the
people, allow faster implementation of the law, and encourage community participation
and empowerment in the area of marine and fisheries protection, conservation and
management. The Clean Air Act and the Ecological Solid Waste Management Act have the
same intent.

Strategic Legal Action against Public Participation (SLAPP) suites are harassment cases, and
must be stopped. They disturb and frustrate law enforcers whether they are agents of
government or not. The Clean Air Act and the Ecological Solid Waste Management Act, both
newer laws, recognize this and provide protection to those who act in the interest of the
public.

This bill seeks to amend certain sections on Chapter VI and provide an additional chapter on
legal, administrative and quasi-judicial actions to Article Il of R.A. 8550 with the objective of
strengthening the prohibitions to curb if not totally eliminate the illegal activities of the
commercial fishers in municipal waters and to institutionalize the right of every citizen to file
suit and receive remunerations for violations to their person and to the provisions of this act.

In view of the foregoing, the approval of this bill is earnestly requested.

RP Tpsekx
HON. ENZO R. TANADA III
Representative

4 District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

aa 208

ar
HOUSE BILL No. __

Introduced by Hon. Lorenzo R. Tafiada Ill

AN ACT AMENDING CHAPTER VI, PROHIBITIONS AND PENALTIES AND PROVIDING AN
ADDITIONAL CHAPTER ON LEGAL ACTIONS TO R.A. 8550, ENTITLED: “AN ACT
PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO,
AND FOR OTHER PURPOSES.”

Be it enacted by the Senate and the House of the Representatives of the Philippines
in Congress assembled:

SECTION 1. Section 86 of R.A. 8550 is hereby amended to read as follows:

“SEC. 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.
No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry
or fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit.

Discovery of any person in an area where he has no permit or registration
papers for a fishing vessel shall constitute a prima facie presumption that the person
and/or vessel is engaged in unauthorized fishing: Provided, That fishing for daily
food sustenance or for leisure which is not for commercial, occupation or livelihood
purposes may be allowed.

IT SHALL BE UNLAWFUL TO ENGAGE IN COMMERCIAL FISHING IN MUNICIPAL WATERS,
in bays and in such other fishery management areas which may hereinatter be
declared as overexploited.

THE BOAT CAPTAIN, the three (3) highest officers of the boat, AND THE OPERATOR
who commit any of the above prohibited acts upon conviction shall EACH be
punished by a fine equivalent to the value of catch or ONE HUNDRED THOUSAND.
PESOS (P100,000) whichever is higher, and imprisonment of SIX (6) YEARS,
confiscation of catch and fishing gears, automatic revocation of license AND
OTHER DAMAGES AT THE DISCRETION OF THE COURT (INCLUDING ACTUAL
DAMAGES, THE COST OF ENVIRONMENTAL DESTRUCTION AND UNREALIZED
EARNINGS SUFFERED BY THE FISHERFOLK). FINES COLLECTED WILL BE ADDED TO THE


LGU BUDGET APPROPRIATED FOR FARMCs.
SECTION 2. Section 88 of R.A. 8550 is hereby amended to read as follows:

“Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or
Electricity. — (1) It shall be unlawful for any person to catch, take or gather or cause
jo be caught, taken or gathered, fish or any fishery species in Philippine waters with
the use of electricity, explosives, noxious or poisonous substance such as sodium
cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render
unconscious fish or fishery species: Provided, That the Department, subject to such
safeguards and conditions deemed necessary and endorsement from the
concerned LGUs, may allow, for research, educational or scientific purposes only,
the use of electricity, poisonous or noxious substances to catch, take or gather fish
or fishery species: Provided, further, That the use of poisonous or noxious substances
to eradicate predators in fishponds in accordance with accepted scientific
practices and without causing adverse environmental impact in neighboring waters
and grounds shalll not be construed as illegal fishing.

It will likewise be unlawful for any person, corporation or entity to possess, deal in,
sell or in any manner dispose of, any fish or fishery species which have been illegally
‘caught, taken or gathered.

The discovery of dynamite, other explosives and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or equipment or
device for electro-fishing in any fishing vessel or in the possession of any fisherfolk,
operator, fishing boat official or fishworker shall constitute prima facie evidence,
that the same was used for fishing in violation of this Code. The discovery in any
fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous
substances or by electricity shall constitute prima facie evidence that the fisherfolk,
operator, boat official or fishworker is fishing with the use thereof.

(2) MERE POSSESSION OF EXPLOSIVE, NOXIOUS OR POISONOUS SUBSTANCES FOR
ILLEGAL FISHING OR OF ANY AMOUNT OF SODIUM CYANIDE SHALL BE PUNISHABLE BY
IMPRISONMENT RANGING FROM TWELVE (12) MONTHS TO TWENTY-FIVE (25) YEARS.

(3) MERE POSSESSION OF ELECTRO FISHING DEVICES FOR ILLEGAL FISHING SHALL BE
PUNISHABLE BY IMPRISONMENT RANGING FROM TWO (2) YEARS TO FOUR (4) YEARS.

(3) Actual use of explosives, noxious or poisonous substances or electrofishing
devices for illegal fishing shall be punishable by imprisonment ranging from TWENTY
(20) years to LIFE IMPRISONMENT without prejudice to the filing of separate criminal
cases when the use of the same result to physical injury or loss of human life.
ACTUAL USE OF THE SAME RESULTING TO PHYSICAL INJURIES OR DEATH SHALL BE
PUNISHABLE BY IMPRISONMENT RANGING FROM TWENTY FIVE (25) YEARS TO LIFE
IMPRISONMENT

(4) Dealing in, selling, POSSESSING. or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment ranging from
FIVE (5) to TEN (10) years

(5) In all cases enumerated above, the explosives, noxious or poisonous substances


and/or electrical devices, as well as the fishing vessels, fishing equipment and catch
shall be forfeited.”

Section 3. Section 89 of R.A. 8550 is hereby amended to include the following:

“SEC, 89-A. BAN ON FISHING JUVENILE SPECIES. IT SHALL BE UNLAWFUL FOR ANY
PERSON TO CATCH, GATHER, CAPTURE, POSSESS OR TRANSPORT JUVENILE FISH.
DETERMINATION OF THE MEASUREMENTS OF WHAT JUVENILE FISHES ARE SHALL BE
GIVEN TO THE DEPARTMENT.

VIOLATION OF THE ABOVE SHALL SUBJECT THE OFFENDER TO A FINE FROM TWO
THOUSAND PESOS (P2,000.00) TO TWENTY THOUSAND PESOS (P20,000.00) OR
IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS OR BOTH SUCH FINE AND
IMPRISONMENT AT THE DISCRETION OF THE COURT: PROVIDED, THAT IF THE OFFENSE IS
COMMITTED BY A COMMERCIAL FISHING VESSEL, THE BOAT CAPTAIN AND THE
MASTER FISHERMAN SHALL ALSO BE SUBJECT TO THE PENALTIES PROVIDED HEREIN:
PROVIDED, FURTHER, THAT THE OWNER/OPERATOR OF THE COMMERCIAL FISHING
VESSEL WHO VIOLATES THIS PROVISION SHALL BE SUBJECTED TO THE SAME PENALTIES
PROVIDED HEREIN: PROVIDED, FINALLY, THAT THE DEPARTMENT IS HEREBY
EMPOWERED TO IMPOSE UPON THE OFFENDER AN ADMINISTRATIVE FINE AND/OR
CANCEL HIS PERMIT OR LICENSE OR BOTH.”

SECTION 3. Section 90 of R.A. 8550 is hereby amended to read as follows:

“SEC. 90. Use of Fishing Gears in the Municipal Waters and Bays and Other Fishery
Management Areas. IT SHALL BE UNLAWFUL TO ENGAGE IN FISHING IN MUNICIPAL
WATERS AND IN ALL BAYS AS WELL AS OTHER FISHERY MANAGEMENT AREAS USING
FISHING GEARS NOT ALLOWED AS DEFINED IN THIS CODE. THE MUNICIPALITY OR CITY
GOVERNMENT, HOWEVER, MAY THROUGH ITS LOCAL CHIEF EXECUTIVE AND ACTING
PURSUANT TO AN APPROPRIATE ORDINANCE, AUTHORIZE OR PERMIT THE USE OF
ALLOWED GEARS AS DEFINED IN THIS CODE WITHIN THE FIFTEEN (15) KILOMETER AREA
FROM THE SHORELINE IN MUNICIPAL WATERS AS DEFINED HEREIN, PROVIDED, THAT
ALL THE FOLLOWING ARE MET:

a) THAT SAID ORDINANCE PROVIDES FOR A LIST OF ALL GEARS, BOTH ALLOWED.
AND NOT ALLOWED, BASED ON THE FOLLOWING CRITERIA:

ALLOWED GEARS - REFERS TO FISHING GEARS THAT SATISFY ALL OF THE FOLLOWING
CRITERIA:

1) WILL NOT DEPRIVE ANYONE OF THE USE OF THE MUNICIPAL WATERS;

2) WILL NOT HARM COASTAL AND MARINE HABITAT;

3) WILL NOT DEPLETE FISH STOCK;

4) WILL PROMOTE A BALANCE IN THE MARINE AND COASTAL ECOSYSTEM; AND

5) WILL NOT ENDANGER THE HEALTH AND SAFETY OF THE PEOPLE.

NOT ALLOWED GEARS - ALL OTHER FISHING GEARS THAT FAIL TO SATISFY ANY OF THE
ABOVEMENTIONED CRITERIA.

b) THAT SAID ORDINANCE PROVIDES FOR THE LIMITATIONS ON THE USE OF EACH
ALLOWED GEAR REGARDING MESH SIZE, TEMPORAL RANGE OR RANGE OF


TIME TO WHICH GEAR MAY BE ALLOWED, ZONING OR DESIGNATED AREA
WHERE GEAR MAY BE ALLOWED, SIZE RESTRICTIONS OR PHYSICAL DIMENSIONS
ALLOWED, NUMBER RESTRICTIONS OR THE QUANTITY OF GEARS ALLOWED,
DESIGN REGULATIONS OR SPECIFIC COMPONENTS / PARTS AND MATERIALS
ALLOWED FOR VARIATIONS OF THE GEAR AND EFFORT REGULATION OR
CORRESPONDING LICENSE FEES AND TAXES;

c) A SYSTEM THAT SHALL SUBJECT A NEW GEAR AND/OR TECHNOLOGY TO AN
APPLICATION AND ASSESSMENT PERIOD TO FACILITATE ITS POSSIBLE
INTRODUCTION AND/OR ADDITION TO THE LIST OF PERMITTED GEARS IS
DEFINED IN SAID ORDINANCE;

d) PRIOR CONSULTATION, THROUGH PUBLIC HEARING, WITH THE VARIOUS
STAKEHOLDERS AND M/C/IFARMC HAS BEEN CONDUCTED FOR THE DRAFTING
AND FINALIZATION OF THE SAID ORDINANCE; AND

e) THAT THE FOLLOWING GEARS ARE TOTALLY BANNED FROM MUNICIPAL
WATERS:

@TRAWL (ALL KINDS) —-- GALADGAD, NORWAY
PURSE SEINE —- PANGULONG
DANISH SEINE ~~ HULBOT-HULBOT, PAHULBOT-HULBOT, LIKISAN, LIBA-LIBA,
PALISOT, PATANGKO, BIRA-BIRA, BULI- BULI,
HULAHOOP, ZIPPER, LAMPORNAS, ETC.
RING NET ---- KUBKOB, PANGULONG, KALANSISI
DRIVE-IN NET —-- PA-ALING, KAYAKAS
ROUND HAUL SEINE —-- SAPYAW, LAWAG.
MOTORIZED PUSH NET —- SUDSOD
©BAGNET —- BASNIG, SAKLIT
FISHING GEARS USING COMPRESSORS
GEARS NOT INCLUDED IN THE LIST OF PERMITTED GEARS CONTAINED IN THE SAID
ORDINANCE ARE THEREBY PROHIBITED WITHIN THE 15 KM. MUNICIPAL WATERS. 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.
The owner, boat captain and master fisherman of the vessels which participated in
the violation shall suffer the penalty of imprisonment from six (6) years to twelve (12)

years with no probation: and a fine of Two Thousand (P2,000.00) to Ten Thousand
Pesos (P10,000.00). Paraphernalia, gears and the vessel shall be confiscated and


forfeited.
SECTION 4. Section 91 of R.A. 8550 is hereby amended to read as follows:

"Section 91. Ban on Coral Exploitation and Exportation. — It shall be unlawful for any
person or corporation to gather, possess, sell or export ordinary precious and semi-
precious corals, whether raw or in processed form, except for scientific or research
purposes.

Violations of this provision shall be punished by imprisonment from six (6) months
ONE (1) DAY to TEN (10) years and a fine from ONE HUNDRED thousand pesos
(P100,000.00) to FIVE HUNDRED thousand pesos (P500,000.00}, or both such fine and
imprisonment, at the discretion of the court, and forfeiture of the subject corals,
including the vessel and its proper disposition.

The confiscated corals shall either be retumed to the sea or donated to schools and
museums for educational or scientific purposes or disposed through other means."

SECTION 5. Section 93 of R.A. 8550 is hereby amended to read as follows:

“Section 93. BAN ON THE USE OF SUPERLIGHTS. — IT SHALL BE UNLAWFUL TO ENGAGE
IN FISHING WITH THE USE OF SUPERLIGHTS. THE DISCOVERY OF SUPERLIGHTS IN A
FISHING VESSEL SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT SAID LIGHT HAS
BEEN USED FOR FISHING. ALL OTHER ACCOMPANYING VESSELS THAT PARTICIPATED IN
THE OPERATION OF THE SUPERLIGHT SHALL HAVE THE SAME LIABILITY AS THE VESSEL
CARRYING THE SUPERLIGHT.

THE BOAT CAPTAIN, THE THREE (3) HIGHEST OFFICERS OF THE BOAT, AND THE
OPERATOR WHO COMMITTED THE PROHIBITED ACT UPON CONVICTION SHALL BE
PUNISHED BY ONE TO TWO (1-2) YEARS OF IMPRISONMENT AND A FINE OF ONE
MILLION PESOS (1,000,000.00) PER VESSEL.

(VIOLATIONS OF THIS PROVISION SHALL BE PUNISHED BY IMPRISONMENT FROM SIX (6)
MONTHS TO TWO (2) YEARS OR A FINE OF FIVE THOUSAND PESOS (P5,000.00) PER
SUPERLIGHT, OR BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE
COURTS. THE SUPERLIGHT, FISHING GEARS AND VESSEL SHALL BE CONFISCATED.)"

SECTION 6. Section 94 of R.A. 8550 is hereby amended to read as follows:

“Section 94, CUTTING, DAMAGING AND Conversion of Mangroves. — It shall be
unlawful for any person to CUT AND DAMAGE MANGROVES. IT SHALL ALSO BE
UNLAWFUL TO convert mangroves into fishponds or for any other purposes.

Violation of the provision of this section shall be punishable by imprisonment of (six
(6) years and one (1) day to twelve (12) years) TWENTY (20) YEARS AND ONE (1) DAY
TO FORTY (40) YEARS and(/or) a fine of Eighty thousand pesos (P80,000.00) AND
(OTHER) ENVIRONMENTAL DAMAGES COMPUTED AT TWO HUNDRED FORTY
THOUSAND PESOS (P240,000.00) PER HECTARE PER YEAR UNTIL SUCH AREA IS
RESTORED (AT THE DISCRETION OF THE COURT): Provided, That if the area requires
rehabilitation or restoration as determined by the court, the offender should also be
required to restore or compensate for the restoration of the damage.

SECTION 7. Section 96 of R.A. 8550 is hereby amended to read as follows:
“SEC, 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to


fish in fishery areas declared by the Department AND THE LOCAL GOVERNMENT
UNITS as fishery reserves, refuge and sanctuaries.

Violation of the provision of this section shall be punished by imprisonment of two (2)
years to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty
thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of
fishing permit or license.”

SECTION 8. Section 103 of R.A. 8550 is hereby amended to read as follows:

“Section 103. Other Violations. — The following fisheries activities shall also be
considered as a violation of this Code:

a. Failure to Comply with Minimum LABOR AND Safety Standards. — The owner
and captain of a commercial fishing vessel engaged in fishing who, upon
demand by proper authorities, fails fo exhibit or show proof of compliance
with the LABOR AND safety standards provided in this Code, shall be
immediately prevented from continuing with his fishing activity and escorted
fo the nearest port or landing point. The license to operate the commercial
fishing vessel shall be suspended until the LABOR AND safety standard has
been complied with.

Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages.
— The FLA of the holder who fails to render a yearly report shall be
immediately cancelled: Provided, That if the offender be the owner of the
fishpond, fish fen or fish cage, he shall be subjected to the following
penalties: (1) frst offense, a fine of Five hundred pesos (P500.00) per
unreported hectare; (2) subsequent offenses, a fine of One thousand pesos
(1,000.00) per unreported hectare.

Gathering and Marketing of Shell Fishes. — It shall be unlawful for any person
to take, sell, transfer, or have in possession for any purpose any shellfish, which
is sexually mature or below the minimum size or above the maximum
quantities prescribed for the particular species.

d, Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake
or Bay, — It shall be unlawful for any person who causes obstruction to
navigation or flow or ebb of tide.

Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages. —
It shall be unlawful to construct and operate fish corrals/traps, fish pens and
fish cages without a license/permit.

F, FAILURE TO COMPLY WITH THE CODE OF PRACTICE ON SUSTAINABLE
AQUACULTURE AND THE EIS SYSTEM WHICH SHALL BE PUNISHED BY
IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS
AND(/OR) A FINE OF ONE HUNDRED THOUSAND PESOS (P100,000.00) (EIGHTY
THOUSAND PESOS (P80,000.00)) PLUS AN ADDITIONAL FINE OF EIGHT
THOUSAND PESOS (P8,000.00) PER DAY UNTIL SUCH VIOLATION CEASES AND
THE FINE PAID.

Subject to the provision of subparagraphs [b) AND (F) of this section, violation of the
above-enumerated prohibited acts shall subject the offender to a fine ranging from

Two thousand pesos {F'2,000.00) to Ten thousand pesos (P 10,000.00) or imprisonment
from one (1) month and one (1) day to six (6) months, or both such fine and
imprisonment, upon tne discretion of the court: Provided, That the Secretary is
hereby empowered to impose upon the offender an administrative fine of not more

com

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than Ten thousand pesos (P10,000.00) or to cancel his permit or license, or to impose
such fine and to cancel his permit or license, in the discretion of the Secretary:
Provided, further, That the Secretary, or his duly authorized representative, and law
enforcement agents are hereby empowered to impound with the assistance of the
Philippine Coast Guard, PNP-Maritime Command: Provided, finally, That any person
who unlawfully obstructs or delays the inspection and/or movement of fish and
fishery/aquatic products when such inspection and/or movement is authorized
under this Code, shall be subject to a fine of not more than Ten thousand pesos
{P10,000.00) or imprisonment of not more than two (2) years, or both such fine and
imprisonment, upon the discretion of the court.

Every penalty imposed for the commission of an offense shall cary with it the
forfeiture of the proceeds of such offense and the instruments or tools with which it
was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor
of the Government, unless they be the property of a third person not liable for the
offense, but those articles which are not subject of lawful commerce shall be
destroyed.”

SECTION 9. Section 106 of R.A. 8550 is hereby amended to read as follows:

“Section 106. Obstruction to Fishery Law Enforcement Officer. — The boat owner,
master or operator or any person acting on his behalf of any fishing vessel who
evades, obstructs or hinders any fishery law enforcement officer of the Department
AND/OR THE DEPUTIZED FISH WARDEN OF THE LOCAL GOVERNMENT UNIT to perform
his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the registration,
permit and/or license of the vessel including the license of the master fisherman
shall be canceled.

ADDITIONAL PENALTY AND FINE WILL BE IMPOSED WHEN RESISTANCE RESULTED IN
PHYSICAL INJURIES OR DEATH.”

SECTION 10. A NEW CHAPTER ON LEGAL, ADMINISTRATIVE AND QUASI-JUDICIAL
ACTIONS IS HEREBY INSERTED TO READ AS FOLLOWS:

CHAPTER VII ACTIONS

SECTION 108. ADMINISTRATIVE ACTION. - WITHOUT PREJUDICE TO THE RIGHT OF ANY
AFFECTED PERSON TO FILE AN ADMINISTRATIVE ACTION, THE DEPARTMENT OR THE
LOCAL GOVERNMENT UNIT (LGU) SHALL, ON ITS OWN INSTANCE OR UPON VERIFIED
COMPLAINT BY ANY PERSON, INSTITUTE ADMINISTRATIVE PROCEEDINGS AGAINST ANY
PERSON WHO VIOLATES:

A) STANDARDS OR LIMITATION PROVIDED UNDER THIS ACT; OR
B) ANY ORDER, RULE OR REGULATION ISSUED BY THE DEPARTMENT WITH
RESPECT TO SUCH STANDARD OR LIMITATION.

SECTION 109. ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OR HIS DULY
AUTHORIZED REPRESENTATIVE AND THE LOCAL GOVERNMENT UNIT TO ORDER
CONFISCATION — IN ALL CASES OF VIOLATION OF THIS ACT OR OTHER FISHERY LAWS,
RULES AND REGULATIONS, THE DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE,
MAY ORDER THE CONFISCATION AND FORFEITURE OF ANY FISH, FISHERY SPECIES OR
AQUATIC RESOURCES ILLEGALLY CAUGHT, TAKEN OR GATHERED, AND ALL GEARS


AND CONVEYANCES USED IN THE COMMISSION OF THE OFFENSE AND TO DISPOSE
OF THE SAME IN ACCORDANCE WITH PERTINENT LAWS, RULES, REGULATIONS AND
POLICIES ON THE MATTER.

SECTION 110. REWARD TO INFORMANTS AND THE APPREHENDING TEAM- ANY
FARMC WHICH HAS JURISDICTION OVER MUNICIPAL WATERS WHERE ANY PERSON
CAN PROVIDE INFORMATION AND IS PART OF THE TEAM THAT LEADS TO THE
{LEADING TO) APPREHENSION AND CONVICTION OF ANY OFFENDER FOR ANY
VIOLATION OF THIS ACT OR OTHER FISHERY LAWS, RULES AND REGULATIONS, OR
CONFISCATION AND FORFEITURE OF FISH, FISHERY SPECIES, OTHER AQUATIC
RESOURCES, GEARS AND CONVEYANCES, SHALL BE GIVEN A REWARD IN THE
AMOUNT OF EIGHTY PERCENT (80%) (TWENTY PERCENT (20%)) OF THE PROCEEDS OF
THE CONFISCATION AND FORFEITURE, AND ADMINISTRATIVE FINES COLLECTED BY THE
BUREAU OR THE LGU IN RELATION THERETO. PROVIDED THAT, FORTY (40%) (FIFTY)
PERCENT ((50%)) OF THE REWARD COLLECTED BY THE FARMC SHALL BE GIVEN TO THE
INFORMANT AND THE APPREHENDING TEAM AND THE OTHER FORTY (40%) (FIFTY
PERCENT (50%)) SHALL BE UTILIZED FOR LAW ENFORCEMENT PURPOSES AND THE
OTHER TWENTY (20%) PERCENT FOR OTHER FARMC ACTIVITIES.

THE REMAINING TWENTY PERCENT (20%) WILL GO TO THE LOCAL GOVERNMENT UNIT
AND SHALL BE UTILIZED FOR COMMUNITY-BASED RESOURCE MANAGEMENT
PROGRAM OF THE MUNICIPALITY WHERE THE VIOLATION OCCURRED.

SECTION 111. CITIZENS SUITS. - FOR THE PURPOSES OF ENFORCING THE PROVISIONS
OF THIS ACT OR ITS IMPLEMENTING RULES AND REGULATIONS, ANY CITIZEN MAY FILE
AN APPROPRIATE CIVIL, CRIMINAL OR ADMINISTRATIVE ACTION IN THE PROPER
COURTS/BODIES AGAINST:

A) ANY PERSON WHO VIOLATES OR FAILS TO COMPLY WITH THE
PROVISIONS OF THIS ACT, ITS IMPLEMENTING RULES AND
REGULATIONS; OR

B) THE DEPARTMENT OR OTHER IMPLEMENTING AGENCIES WITH RESPECT TO
ORDERS, RULES AND REGULATIONS ISSUED INCONSISTENT WITH THIS
ACT; AND/OR

C) ANY PUBLIC OFFICER WHO WILLFULLY OR GROSSLY NEGLECTS THE
PERFORMANCE OF AN ACT SPECIFICALLY ENJOINED AS A DUTY BY
THIS ACT OR ITS IMPLEMENTING RULES AND REGULATIONS; OR
ABUSES HIS AUTHORITY IN THE PERFORMANCE OF HIS DUTY; OR, IN
ANY MANNER IMPROPERLY PERFORMS HIS DUTIES UNDER THIS ACT
OR ITS IMPLEMENTING RULES AND REGULATIONS; PROVIDED,
HOWEVER, THAT NO SUIT CAN BE FILED UNTIL AFTER THIRTY-DAY (30)
NOTICE HAS BEEN GIVEN TO THE PUBLIC OFFICER AND THE ALLEGED
VIOLATOR CONCERNED AND NO APPROPRIATE ACTION HAS BEEN
TAKEN THEREON.

SECTION 112. INDEPENDENCE OF ACTION - THE FILING OF AN ADMINISTRATIVE SUIT
AGAINST SUCH PERSON/ENTITY DOES NOT PRECLUDE THE RIGHT OF ANY OTHER
PERSON TO FILE ANY CRIMINAL OR CIVIL ACTION. SUCH CIVIL ACTION SHALL
PROCEED INDEPENDENTLY.


SECTION 113. SUITS AND STRATEGIC LEGAL ACTION AGAINST PUBLIC PARTICIPATION
(SLAPP) AND THE ENFORCEMENT OF THIS ACT. - WHERE A SUIT IS BROUGHT AGAINST A
PERSON WHO FILED AN ACTION AS PROVIDED IN SEC. 111(52) OF THIS ACT, OR
AGAINST ANY PERSON, INSTITUTION OR GOVERNMENT AGENCY THAT IMPLEMENTS
THIS ACT, IT SHALL BE THE DUTY OF THE INVESTIGATING PROSECUTOR OR THE COURT,
AS THE CASE MAY BE, TO IMMEDIATELY MAKE A DETERMINATION NOT EXCEEDING
THIRTY (30) DAYS WHETHER SAID LEGAL ACTION HAS BEEN FILED TO HARASS, VEX,
EXERT UNDUE PRESSURE OR STIFLE SUCH LEGAL RECOURSES OF THE PERSON
COMPLAINING OF OR ENFORCING THE PROVISIONS OF THIS ACT. UPON
DETERMINATION THEREOF, EVIDENCE WARRANTING THE SAME, THE COURT SHALL
DISMISS THE COMPLAINT AND AWARD THE ATTORNEY'S FEES AND DOUBLE
DAMAGES.

THIS PROVISION SHALL ALSO APPLY AND BENEFIT PUBLIC OFFICERS WHO ARE SUED
FOR ACTS COMMITTED IN THEIR OFFICIAL CAPACITY, THERE BEING NO GRAVE ABUSE
OF AUTHORITY, AND DONE IN THE COURSE OF ENFORCING THIS ACT.

SECTION 114. LIEN UPON PERSONAL AND IMMOVABLE PROPERTIES OF VIOLATORS. -
FINES AND PENALTIES IMPOSED PURSUANT TO THIS ACT SHALL BE LIENS UPON
PERSONAL AND IMMOVABLE PROPERTIES OF THE VIOLATOR. SUCH LIEN SHALL, IN
CASE OF INSOLVENCY OF THE RESPONDENT VIOLATOR, ENJOY PREFERENCE TO
LABORER'S WAGES UNDER ARTICLE 2241 AND 2242 OF REPUBLIC ACT NO. 386,
OTHERWISE KNOWN AS THE NEW CIVIL CODE OF THE PHILIPPINES.

SECTION 10. Repealing Clause. — All laws, decrees, executive orders and rules and
regulations or part thereof, which are inconsistent with this Code, are repealed or
modified accordingly.

SECTION 11. Seporability Clause. - If any portion of this Code is declared
unconstitutional or invalid, the portions or provisions thereof, which are not affected
thereby, shall continue in full force and effect.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette.

Approved,