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SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No2819

Introduced by REPRESENTATIVE MARK A. VILLAR

EXPLANATORY NOTE

Republic Act 8550 otherwise known as the Philippine Fisheries Code of 1998
was passed into law in pursuit of the State's policy to protect the country’s marine
wealth in its archipelagic waters and reserve its use and enjoyment exclusively for
Filipinos, However, amendments to certain provisions of the law must be undertaken
in order to prevent the apparent threat in the survival of our rare and endangered
marine species. And furthermore, to make certain that our government adheres and
adapt to the covenants made in international conventions that we are part of.

The trade in wild animals and plants crosses borders between countries, and
the effort to regulate it requires international cooperation to safeguard certain
species from over-exploitation, It is in the spirit of this cooperation that the
Convention on International Trade of Endangered Species of Flora and Fauna or
CITES was conceived, This is the covenant by which our country is bound as party
and signatory thereof. In order to ensure our adherence to and implement the
principles provided under CITES at the national level, this bill is thus proposed.

This measure aims to impose stiffer penalties by increasing the fines and
imprisonment to persons who violate or practice illegal trade of our marine
resources, More importantly, those that are listed as rare, threatened or endangered
under CITES, the International Union for Conservation of Nature and Natural
Resources (IUCN) and those species mentioned under Republic Act No. 9147 or the
Wildlife Resources Conservation and Protection Act.

Thus, the immediate enactment of this bill is earnestly recommended.
ee
MARK A. VILLAR

Representative
Lone District of Las Pifias City


SIXTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No. 2819

Introduced by REPRESENTATIVE MARK A. VILLAR

AN ACT
TO FURTHER PROTECT PHILIPPINE CORALS AND OTHER MARINE
TREASURES, AMENDING FOR THE PURPOSE SECTIONS 91 AND 97 OF
REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS THE PHILIPPINE
FISHERIES CODE OF 1998

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

SECTION 1. Section 91 of Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998, 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 to two (2) years and a fine from [Two Thousand Pesos (Php 2,000.00) to
Twenty Thousand Pesos (Php20,000.00)] ONE HUNDRED THOUSAND PESOS
(Php100,000.00) TO FIVE HUNDRED THOUSAND PESOS (Php 500,000.00), or
both such fine and imprisonment, at the discretion of the court, and forfeiture of the
subject corals, including the vessels 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 2. Section 97 of Republic Act No, 8550 is hereby amended to read
as follows

“SECTION 97. Fishing or Taking of Rare, Threatened or Endangered
Species. It shall be unlawful to fish or take, CATCH, GATHER, SELL, PURCHASE,
POSSESS, TRANSPORT AND EXPORT rare, threatened or endangered species,


as listed [in the CITES] AND DEFINED AS SUCH IN THE CONVENTION ON
INTERNATIONAL TRADE OF ENDANGERED SPECIES OF FLORA AND FAUNA,
HEREINAFTER REFERRED TO AS CITES, THE INTERNATIONAL UNION FOR
CONSERVATION OF NATURE AND NATURAL RESOURCES (IUCN), AND
REPUBLIC ACT NO. 9147, OTHERWISE KNOWN AS THE WILDLIFE ACT and as
[determined] IMPLEMENTED by the Department PURSUANT TO ITS RULES AND
REGULATIONS.

THE TAKING, CATCHING, GATHERING AND POSSESSION OF WILD
SPECIES FOR SCIENTIFIC RESEARCH OR ARTIFICIAL PROPAGATION
PURPOSES MAY BE ALLOWED SUBJECT TO THE RULES AND
REGULATIONS PROMULGATED BY THE DEPARTMENT: PROVIDED, THAT
GATHERING, SELLING OR EXPORTING CULTURED OR ARTIFICIALLY
PROPAGATED SPECIES THAT HAVE BEEN TRANSPLANTED TO THEIR
NATURAL HABITAT AND LISTED IN THE CITES, IUCN AND R.A. NO. 9147
SHALL NOT BE ALLOWED.

THE TAKING, CATCHING, GATHERING, POSSESSION OR TRADE OF
ARITIFICIALLY PROPAGATED AND CULTURED SPECIES LISTED IN THE
CITES, IUCN AND RA NO. 9147 MAY BE ALLOWED SUBJECT TO THE RULES
AND REGULATIONS PROMULGATED BY THE DEPARTMENT.

CONSISTENT WITH THE CITES RULES AND REGULATIONS, A NON-
DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED BEFORE ANY TRADE
WILL BE ALLOWED TO THOSE SPECIES LISTED UNDER APPENDIX II AND III
OF THE CITES.

Violation of the provision of this section shall be punished by imprisonment of
twelve (12) years to twenty (20) years and/or a fine of [One Hundred and Twenty
Thousand Pesos (Php120,000.00)) ONE HUNDRED THOUSAND PESOS
(Php100,000.00) TO FIVE HUNDRED THOUSAND PESOS (Php500,000.00), (and)
forfeiture of the catch, and the cancellation of fishing permit.

SHOULD THE CULPABLE VIOLATION BE COMMITTED THROUGH OR
BY A FISHING VESSEL MANNED BY MORE THAN TWO (2) PERSONS, THE
HEAD OR CAPTAIN OF THE BOAT AND THE SUPPORT PERSONNEL
THEREOF INVOLVED IN THE FISHING AND CATCHING OF SUCH PROTECTED
MARINE LIFE SHALL BE PRESUMED TO HAVE COMITTED THE PROHIBITED
ACT AND THE PENALTY PROVIDED FOR IN THE IMMEDIATELY PRECEDING
PARAGRAPH SHALL BE IMPOSED ON THEM.”

SECTION 3. The Department of Agriculture - The Bureau of Fisheries and
‘Aquatic Resources shall promulgate the rules and regulations to implement this
amendment within sixty (60) days from the approval of this Act

The Bureau of Fisheries and Aquatic Resources shall, in coordination with the
national Fisheries and Aquatic Resources Management Councils (NFARMC), Local
Government Units, private institutions and other government agencies concerned,


initiate the development of a fisheries resource management plan for each CITES
listed species, indicating therein conservation and rehabilitation measures.

SECTION 4. This Act shall take effect fifteen (15) days after its publication in
a newspaper of general circulation

‘Approved,

Pre hn ee

MARK A. VILLAR