,'. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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'DAUIi 28 P 2 :19 
SENATE 
Senate Bill No. 13'"( 4 
In~CEIVF9 HY:-f (, 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
With the increasing number of poachers, it is high time to revisit our law 
concerning Anti-poaching in Philippine Waters, particularly Republic Act No. 8550, 
otherwise known as the "Philippine Fisheries Code of 1998." 
eased on studies, the Philippines ranked 11 th among the top fish producing 
countries as early as 2003, with the production of 2.63 million tonnes of fish, 
crustaceans, molluscs and aqua plants. As an archipelagic state with over 2.2 million 
km of highly productive seas, the Philippines has vast fishery resources, and the most 
biodiverse marine area in the world. Unfortunately, all the country's main fish species 
liInd mlilrine orglmisms are showing signs of overfishing. 
Under our laws, the use and exploitation of the fishery and aquatic resources in 
Philippine waters is reserved exclusively to Filipinos. However, the Philippine Coast 
Guard revealed that illegal fishing in the country is aggravated by the fact that even 
foreign vessels risk arrest to plunder Philippine waters. In 2008, five Indonesians, four 
Vietnamese, and ten Filipinos were arrested in separate anti-poaching operations. In 
February 2009, PCG operating forces caught up with Fishing Vessel Karya Wijaya and 
found 200 pieces of tuna, each weighing 25-35 kilos, on board. The operatives 
thereafter arrested 11 Indonesian and 2 Taiwanese poachers. Recently on May 30, 
2011, the Philippine Navy apprehended 122 Vietnamese nationals suspected of illegal 
fishing in the waters of Barangay Malaking lIog in Balabac, Palawan. Said Vietnamese 
are under the guise of being local fishermen with the Philippine flags in their boats. 
This Act aims to strengthen the anti-poaching provisions under RA 8550 by' 
increasing the penalties for violators and reinforcing the citizen's participation in the 
apprehension of offenders, through the Bantay Dagat program. 
Approval of this measure is earnestly sought. 
Senator 


,'. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate, 13i11 No. 13'74 
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'13 
AUG 28 P2 :19 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
_ AN ACT 
TO AMEND REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS THE FISHERIES 
ACT OF 1998 TO STRENGTHEN THE ANTI-POACHING PROVISIONS 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 Republic Act No, 8550, otherwise known as the 
Philippine Fisheries Code of 1998, is hereby amended to read as follows: 
"Section 
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 for any commercial fishing vessel to fish in bays and in 
such other fishery management areas which may hereinafter be declared 
as over-exploited. 
"Any commercial fishing boat captain or the three (3) highest officers of 
the boat who commit any of the above prohibited acts upon conviction 
shall be punished by a fine equivalent to the value of catch or [Ten 
thousand pesos (P10,000.00)] FIFTY THOUSAND PESOS (P50,000) 
WHICHEVER IS HIGHER, AND IMPRISONMENT OF (six (6) months] 
ONE (1) YEAR, CONFISCATION OF CATCH, FISHING BOAT AND 
FISHING GEARS, AND AUTOMATIC REVOCATION OF LICENSE. 
"It shall be unlawful for any person not listed in the registry of muniCipal 
fisherfolk to engage in any commercial fishing activity in municipal waters. 
Any municipal fisherfolk who commits such violation shall be punished by 
confiscation of catch and a fine of (Five hundred pesos (500.00)] TEN 
THOUSAND PESOS (P10,000)." 
__ 
I 


SEC. 2. Article 360 of the Code is further amended to read as follows: 
"Section 87. Poaching in Philippine Waters. - It shall be unlawful for 
any foreign person, corporation or entity to fish or operate any fishing 
vessel in Philippine waters. 
"The entry of any foreign fishing vessel in Philippine waters shall constitute 
a prima facie evidence that the vessel is engaged in fishing in Philippine 
waters. 
"Violation of the above shall be punished by a fine of [One hundred 
thousand U.S. Dollars (US$100,OOO.OO)] TWO HUNDRED THOUSAND 
DOLLARS (US$200,OOO), in addition to the confiscation of its catch, 
fishing equipment and TOTAL DESTRUCTION OF ITS fishing vessel: 
Provided, That the Department OF AGRICULTURE is empowered to 
impose an administrative fine of not less than [Fifty thousand U,S, DolI~r$ 
(US$50,OOO.OO)] ONE HUNDRED THOUSAND U.S. DOLLARS (US$ 
100,000) but not more than [Two hundred thousand U.S. Dollars 
(US$200,OOO.OO)] FOUR HUNDRED THOUSAND DOLLARS (US$ 
400,000) or its equivalent in the Philippine Currency." 
SEC. 3. 
Two provision shall be inserted after Sections 16 of this Code, to read 
as follows: 
·Section 17. Reinforcement of Bantay Dagat Groups In each Local 
Government Unit -
BY VIRTUE OF PARAGRAPH 3 OF THE 
PRECEEDING SECTION, LGUS ARE ENJOINED TO REINFORCE 
THEIR RESPECTIVE BANTAY DAGAT GROUPS COMPOSED OF 
VOLUNTEER FISHING COMMUNITY MEMBERS WHO ARE TRAINED 
AND DEPUTIZED AS FISH WARDENS, WHO WILL COORDINATE 
WITH GOVERNMENT AGENCIES CONCERNED IN THE LOCAL 
ENFORCEMENT 
OF 
FISHI;RY 
LAWS. 
MODERN 
TRAININGS/SEMINARS SHALL BE CONDUCTED, WHERE THEY CAN 
OBTAIN ADVANCED KNOWLEDGE ON PROPER ENFORCEMENT OF 
FISHERY 
REGULATIONS 
AND 
VIGILANT 
MONITORING 
AND 
APPREHENSION OF VIOLATORS. 
"Section 18. Funding requirement of Bantay Dagat operation. LOCAL 
GOVERNMENTS ARE ENCOURAGED TO ENACT ORDINANCES TO 
APPROPRIATE SPECIFIC FUNDS FOR BANTAY DAGAT GROUPS 
WHICH INCLUDE, BUT NOT LIMITED TO: A.) THE CONDUCT OF 
SEABORNE OPERATIONS SUCH AS REGULAR PATROL IN THE 
COASTAL AREAS. B.) MAINTENANCE OF EQUIPMENT NECESSARY 
FOR THEIR FUNCTION. C.) VEHICLE, FUEL AND FOOD ALLOWANCE 
FOR 
THEIR 
OPERATION. 
D.) 
THE 
CONDUCT 
OF 
SEMINARSIWORKSHOPS FOR BANTAY DAGAT MEMBERS." 
The former Section 17 shall now be numbered Section 19 while and the 
succeeding Sections shall be numbered accordingly. 
SEC. 4. This Act shall take effect after the fifteen (15) days following its 
publication in at least two (2) newspaper of general circulation. 
Approved,