SIXTEENTH CONGRESS 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO. 2115 
Introduced by: 
Sen. Cynthia A. Villar 
'14 
FEB 11 
F,9 :30 
.l 
AN ACT AMENDING SOME PROVISIONS OF REPUBLIC ACT NO. 8550, OTHERWISE 
KNOWN AS THE "PHILIPPINE FISHERIES CODE OF 1998" AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The Philippines is an archipelagic state with over 2.2 million sq. km. of 
highly productive seas and 27,000 sq. km. of coral reefs. It is thus undeniable 
that the Philippines hasa very prominent fisheries industry. In 2008, we ranked 
8
th in the top fish producing countries of the world, producing 3.12% of the total 
world production of fish, crustaceans, molluscs and aquatic plants. We were 9th 
in the world in terms of aquaculture production, providing 1.4% of the total global 
aquaculture production of fish, crustaceans and molluscs. We ranked 3rd in the 
production of seaweeds, producing 10.6% of the total world seaweeds 
production. We are the second largest producer of tuna in the world. 
Note, 
however, that we are not at all ranked as a capture fisheries producer. 
While fisheries production has been steadily increasing from 1.7 million 
metric tons in the 80's until it reached 5.09 million metric tons in 2009, it must be 
noted that most of the fish produced came from aquaculture. Statistics have 
shown that aquaculture has contributed 48% to the fishery production of 2009, 
while municipal and commercial fishing contributed a less remarkable 27% and 
25%, respectively. This is so despite over 2.2 million sq. km of seas, touted as 
"highly productive" and 27,000 sq. km of coral reefs. 
It is ironic that our highly productive seas are now overfished. The irony is 
due to the fact that our marine and coastal ecosystem is exposed to 
indiscriminate methods of catching fish and fishery species in the wild such as 
fishing through explosives, noxious or poisonous substances, electrofishing, fine 
mesh nets, coral explOitation, muro-ami and use of other methods and gear 
destructive to coral reefs and other marine habitat, use of superlights, fishing or 
taking of rare, threatened or endangered species, capture of sabalo and other 
breeder/spawners, violation of catch ceilings, obstruction to navigation or flow 
and ebb of tide in any stream, river, lake or bay, and unlicensed construction and 
operation of fish corrals/traps, fish pens and cages, among others. 
While these violations are penalized under Republic Act 8550 or the 
Philippine Fisheries Code of 1998 (RA 8550), fifteen years after the law's 
passage proved that the penalties therein are mere slaps on the wrists of 
violators. For example, the two large container vans of 21,000 species of black 
corals, and some 161 endangered turtles and marine life seized in May 2011 by 
Bureau of Customs officials would have fetched a whopping PhP15 million for its 
dealers. 
It was later learned that an entire coral reef off the coast of Cotabato, still 
unexplored, and estimated to be about twice the size of Metro Manila, was 
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and Biodiversity (TEEB) project of the United Nations Environment Program 
(UNEP) would have valued the ruined coral reefs at a minimum of US$16.6 
billion. However, RA 8550 would only punish the violators with a measly fine of 
PhP 2,000 to PhP 20,000. While damaged coral reefs would take 25 years or 
more to recover, a violator, however, would only get six (6) months to two (2) 
years' time in prison. 
RA 8550 is replete with penalties such as these that are not 
commensurate to the damage caused, the economic value lost, and habitat 
destroyed. In exchange for large sums of money, violators only find these 
penalties convenient, a pint in their business investment pie. This defeats the 
deterrent function of the penalty. 
Thus, there is a need to amend Chapter VI of RA 8550 to consider 
. prohibitions not covered by the law after fifteen years of implementation, as well 
as impose more severe penalties to maintain its deterrent function. After all, 
punishment must be commensurate with the crime committed. 
¥'~ 
Senator Cynthia A. Villar 


SIXTEENTH CONGRESS 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO . ...2115 
Introduced by: 
Sen. Cynthia A. Villar 
1 
AN ACT AMENDING SOME PROVISIONS OF REPUBLIC ACT NO. 8550, OTHERWISE 
2 
KNOWN AS THE "PHILIPPINE FISHERIES CODE OF 1998" AND FOR OTHER PURPOSES 
3 4 5 
6 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
7 
Congress assembled: 
8 
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SEC. 1.There shall be added to Section 4 of Republic Act 8550 Items (74) and (75) as 
10 
follows: 
11 
Section 4.Deflnition of Terms. - As used in this Code, the following terms 
12 
and phrases shall mean as follows: 
13 
1. XXX 
14 
XXX 
15 
74. Unreported fishing . refers to fishing activities which have not been 
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reported, or have been misreported to the Department, in contravention of national laws 
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and regulations of the Philippines; or undertaken in the area of competence of a relevant 
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Regional Fisheries Management Organization which have not been reported or have 
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been misreported, in contravention of the reporting procedures of that organization and 
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further elaborated by regulations to be promulgated by the Department. 
21 
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75. Unregulated fishing· refers to fishing activities in the area of application of 
23 
a relevant Regional Fisheries Management Organization that are conducted by vessels 
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without nationality, or by those flying the flag of the Philippines or other stales not party to 
25 
that organization, or by a fishing entity, in a manner that is not consistent with or 
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contravenes the conservation and management measures of that organization; or In 
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areas or fish stocks in relation to which there are no applicable conservation and 
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management measures and where such fishing activities are conducted in a manner 
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inconsistent with the state responsibilities of the Philippines for the conservation of living 
marine resources under international law. 
SEC. 2.Section 86, Republic Act No. 8550 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 herein-after be 
declared as over-exploited. 
Any commercial fishing boat owner and the three (3) highest officers of 
the boat who commit any of the above prohibited acts shall,upon conviction, be 
punished by A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF 
CATCH OR FIFTY THOUSAND PESOS (P50,000.OO) FOR SMALL-SCALE 
COMMERCIAL 
FISHING. 
ONE 
HUNDRED 
THOUSAND 
PESOS 
(P100.0QO.00l FOR MEDIUM-SCALE COMMERCIAL FISHING, AND FIVE 
HUNDRED 
THOUSAND 
PESOS 
(P50Q.OOO.00) 
FOR 
LARGE-SCALE 
COMMERCIAL FISHING. RESPECTIVELY, WHICHEVER IS HIGHER, AND 
IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, confiscation of catch and 
fishing 
gears, 
and 
revocation 
of 
license, 
PROVIDED, 
THAT 
THE 
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE FINES UPON 
DETERMINATION THAT THE PERSONIS HAS VIOLATED THE ABOVE 
PROVISION. IN CASE OF A SECOND OFFENSE. THE FINE SHALL BE 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
CASE OF AT LEAST A THIRD OFFENSE. THE FINE SHALL BE FIVE TIMES 
THE AMOUNT OF THE FINES ABOVESTATED. 
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IN THE CASE OF FISHING WITHOUT A LICENSE, DOUBLE OF THE 
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ABOVE ADMINISTRATIVE PENALTIES SHALL BE IMPOSED UPON ANY 
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PERSON WHO Hi,S VIOLATED THE ABOVE PROVISION. 
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It shall be unlawful for any person not listed in the registry of municipal 
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fisherfolk to engage in any commercial fishing activity in municipal waters. Any 
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municipal fisherfolk who commits such violation shall be punished by 
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confiscation of catch and a FINE OF TEN THOUSAND PESOS (P10,000.00)." 
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SEC. 3.Three new provisions, dubbed as Sections 86-A, 86-B, and 86-C, are hereby 
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added to the existing provisions of this Code. The same shall read as follows: 
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SECTION 86-A. FAILURE TO SECURE INTERNATIONAL FISHING 
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PERMIT 
PRIOFl TO FISHING OR ENGAGING IN OTHER FISHERIES 
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ACTIVITIES IN THEHIGH SEAS OR IN THE TERRITORIAL SEASAND 
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EXCLUSIVE ECONOMIC ZONES OF OTHER STATES. -
IT SHALL BE 
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UNLAWFUL FOR 
PHILIPPINE 
REGISTERED 
FISHING 
VESSELS 
TO 
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OPERATE IN THEHIGH SEAS, OR IN THE TERRITORIAL SEASAND 
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EXCLUSIVE ECONOMIC ZONES OF OTHER STATESWITHOUT FIRST 
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SECURING INTEI~NATIONAL FISHING PERMIT FROM THE DEPARTMENT. 
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DISCOVERY OF 
SUCH 
FISHING 
VESSEL 
IN 
THE 
ABOVE-
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MENTIONED AREAS WHERE THE SAME HAS NO PERMIT AND/OR 
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REGISTRATION PAPERS FOR FISHING OR ENGAGING IN OTHER 
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FISHERY ACTIVITIES THEREIN SHALL CONSTITUTE AS A PRIMA FACIE 
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PRESUMPTION THAT THE VESSEL IS ENGAGED IN THE SAID VIOLATION. 
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IT SHALL ALSO BE UNLAWFUL FOR THE SAID VESSEL TO 
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COMMIT ACTS THAT ARE IN CONTRAVENTION WITH THE TERMS AND 
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CONDITIONS STATED IN THE INTERNATIONAL FISHING PERMIT OR AS 
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MAY BE PROMUl_GATED BY THE DEPARTMENT. 
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ANY COMMERCIAL FISHING BOAT OWNER/OPERATOR AND THE 
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THREE (3) HIGHEST OFFICERS OF THE BOAT WHO COMMIT ANY OF THE 
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ABOVE PROHIBITED ACTS SHALL, UPON CONVICTION, BE PUNISHED BY 
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A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF CATCH OR FIVE 
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HUNDRED 
THOUSAND 
PESOS 
(P500,000) 
FORSMALL-SCALE 
100 
COMMERCIAL FISHING, ONE MILLION PESOS (Pi ,000,000) FOR MEDIUM-
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SCALE COMMERCIAL FISHING. AND TWO MILLION PESOS (P2.000.000) 
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FOR 
LARGE-SCALE 
COMMERCIAL 
FISHING, 
RESPECTIVELY, 
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WHICHEVER IS HIGHER, AND IMPRISONMENT OF FOUR (4) TO SIX (6) 
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YEARS, 
CONFISCATION 
OF 
CATCH 
AND 
FISHING 
GEARS. 
AND 
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AUTOMATIC 
REVOCATION 
OF 
LICENSE, 
PROVIDED. 
THAT 
THE 
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DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE FINES UPON 
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DETERMINATION THAT THE PERSONtS HAS VIOLATED THE ABOVE 
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PROVISION. IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
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EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE 
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OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE 
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AMOUNT OF THE FINES ABOVESTATED. 
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SECTION 86-B. UNREPORTED FISHING - IT SHALL BE UNLAWFUL 
FOR ANY PERSON TO ENGAGE IN UNREPORTED FISHING AS DEFINED IN 
SECTION 4 PARAGRAPH 74 OF THIS CODE. 
VIOLATION OF THIS PROVISION 
IN WATERS UNDER THE 
NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE OF FIFTY 
THOUSAND 
PESOS 
(P50,000.00) 
FOR 
SMALL-SCALE 
COMMERCIAL 
FISHING, ONE HUNDRED THOUSAND PESOS (Pi 00,000.00) FOR MEDIUM-
SCALE COMMERCIAL FISHING, AND FIVE HUNDRED THOUSAND PESOS 
(P500,000.00l 
FOR 
LARGE-SCALE 
COMMERCIAL 
FISHING. 
RESPECTIVELY. FOR THE FIRST OFFENSE. SECOND OFFENSE SHALL 
BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION OF 
LICENSE FOR ONE (1) YEAR. THIRD OFFENSE SHALL BE PENALIZED BY 
FIVE 
TIMES 
THE 
AMOUNT 
OF 
FINE 
AND 
REVOCATION 
OF 
L1CENSE,PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED FINES AND PENALTIES. 
VIOLATION OF THIS PROVISION IN WATERS BEYOND NATIONAL 
JURISDICTION SHALL BE PENALIZED BY A FINE 
OF ONE HUNDRED 
THOUSAND PESOS (Pi 00,000.00) FOR SMALL-SCALE COMMERCIAL 
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FISHING, TWO HUNDRED THOUSAND PESOS (P200,000,00) FOR MEDIUM-
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SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS (Pi ,000,000,00) 
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FOR LARGE-SCALE COMMERCIAL FISHING, RESPECTIVELY, 
FOR THE 
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FIRST OFFENSE, SECOND OFFENSE SHALL BE PENALIZED BY DOUBLE 
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THE 
AMOUNT 
OF 
FINE 
AND 
SUSPENSION 
OF 
LICENSE 
AND 
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INTERNATIONAL FISHING PERMIT FOR ONE (1) YEAR, THIRD OFFENSE 
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SHALL BE PENALIZED BY 
FIVE TIMES THE AMOUNT OF FINE AND 
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REVOCATION OF LICENSE AND INTERNATIONAL FISHING PERMIT, 
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PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE 
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ABOVEMENTIONED FINES AND PENALTIES, 
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SECTION 86-C UNREGULATED FISHING - IT SHALL BE UNLAWFUL 
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FOR ANY PERSON TO ENGAGE IN UNREGULATED FISHING AS DEFINED 
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IN SECTION 4 PARAGRAPH 75 OF THIS CODE, 
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VIOLATION OF THIS 
PROVISION 
IN WATERS UNDER THE 
148 
NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE 
OF FIFTY 
149 
THOUSAND 
PESOS 
(P50,000,00) 
FOR 
SMALL-SCALE COMMERCIAL 
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FISHING, ONE HUNDRED THOUSAND PESOS (P100,000,Oo) FOR MEDIUM-
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SCALE COMMERCIAL FISHING, AND FIVE HUNDRED THOUSAND PESOS 
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(P500,000,00) 
FOR 
LARGE-SCALE 
COMMERCIAL 
FISHING, 
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RESPECTIVELY, FOR THE FIRST OFFENSE, SECOND OFFENSE SHALL 
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BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION OF 
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LICENSE FOR ONE (1) YEAR, THIRD OFFENSE SHALL BE PENALIZED BY 
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FIVE 
TIMES 
THE 
AMOUNT 
OF 
FINE 
AND 
REVOCATION 
OF 
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LlCENSE.PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO 
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IMPOSE THE ABOVEMENTIONED FINES AND PENALTIES, 
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VIOLATION OF THIS PROVISION IN WATERS BEYOND NATIONAL 
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JURISDICTION SHALL BE PENALIZED BY A FINE 
OF ONE HUNDRED 
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THOUSAND PESOS (P100,000,00) FOR SMALL-SCALE COMMERCIAL 
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FISHING, TWO HUNDRED THOUSAND PESOS (P200,00000) FOR MEDIUM-
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SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS (Pi ,000,000,00) 
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FOR LARGE-SCALE COMMERCIAL FISHING, RESPECTIVELY, 
FOR THE 
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FIRST OFFENSE. SECOND OFFENSE SHALL BE PENALIZED BY DOUBLE 
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THE 
AMOUNT 
OF 
FINE 
AND 
SUSPENSION 
OF 
LICENSE 
AND 
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INTERNATIONAL FISHING PERMIT FOR ONE (1) YEAR. THIRD OFFENSE 
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SHALL BE PENALIZED BY 
FIVE TIMES THE AMOUNT OF FINE AND 
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REVOCATION OF LICENSE AND INTERNATIONAL FISHING PERMIT. 
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PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE 
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ABOVEMENTIONED FINES AND PENALTIES. 
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SEC. 4.Section 87, Republic Act No. 8550 is hereby amended to read as follows: 
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"Section 87. Poaching in Philippine Waters.- It shall be unlawful for any 
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foreign person, corporation or entity to fish or operate any fishing vessel in 
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Philippine waters. 
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The entry of any foreign fishing vessel in Philippine waters shall 
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constitute a prima facie evidence that the vessel is engaged in fishing in 
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Philippine waters. 
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Violation of the above shall be punished by a fine of FIVE HUNDRED 
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THOUSAND U.S. DOLLARS (US$500,000.00)' in addition to the confiscation 
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of its catch, fislling equipment and fishing vessel: Provided, that the 
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Department is empowered to impose an administrative fine of not less than 
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TWO HUNDRED THOUSAND U.S. DOLLARS (US$200,000.00) BUT NOT 
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MORE 
THAN 
THREE 
HUNDRED 
THOUSAND 
U.S. 
DOLLARS 
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(US$300,000.00) or its eqUivalent in the Philippine Currency."IN CASE OF A 
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SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES 
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THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD 
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OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
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ABOVESTATED. 
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SEC. 5.Section 88, Republic Act No. 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 to be caught, taken or gathered, fish or any fishery species in Philippine 
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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: Provide, 
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 
shall 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 a 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 or 
electrofishing devices for illegal fishing shall be punishable by imprisonment 
ranging from TWO (2) TO SIX (6) YEARS, PROVIDED THAT THE 
DEPARTMENT IS EMPOWERED TO IMPOSE A FINE RANGING FROM 
FIVE THOUSAND PESOS (PS,OOo) UP TO FIVE HUNDRED THOUSAND 
PESOS IPSOO,OOo). WITHIN SIX MONTHS FROM THE EFFECTIVITY OF 
THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY 
GRADUATION OF PENALTIES DEPENDING ON THE NUMBER OF 
EXPLOSIVE DEVICES, AMOUNT OR VOLUME OF NOXIOUS AND 
POISONOUS 
SUBSTANCES 
AND 
NUMBER 
OF 
ELECTROFISHING 
DEVICES AND THE FREQUENCY OF VIOLATIONS. 
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(3)Actual use of explosives, noxious or poisonous substances or 
electrofishing devices for illegal fishing shall be punishable by imprisonment 
ranging from TWENTY (20) TO TWENTY·FIVE (25) YEARS without prejudice 
to the filing of separate criminal cases when the use of the same result to 
physical injury or loss of human life. In cases when death or physical injuries 
results from the use of explosives, noxious or poisonous substances or 
electrofishing devices, the maximum penalty provided above shall be imposed, 
PROVIDED THAT THE DEPARTMENT ISEMPOWERED TO IMPOSE A FINE 
RANGING FROM TEN THOUSAND PESOS (P10,000l UP TO ONE MILLION 
PESOS (P1 ,000,000). WITHIN SIX MONTHS FROM THE EFFECTIVITY OF 
THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY 
GRADUATION OF PENALTIES DEPENDING ON THE NUMBER OR 
FREQUENCY OF VIOLATIONS. 
(4)Possessing, dealing in, selling, or in any manner disposing of, for 
profit, illegally caughVgathered fisheries species shall be punished by 
imprisonment ranging from FOUR (4) TO EIGHT (8) YEARS, PROVIDED 
THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE A FINE RANGING 
FROM FIVE THOUSAND PESOS (P5,000l UP TO FIVE HUNDRED 
THOUSAND PESOS (P50Q,000). WITHIN SIX MONTHS FROM THE 
EFFECTIVITY OF THIS LAW, THE DEPARTMENT SHALL PROMULGATE 
THE NECESSARY GRADUATION OF PENALTIES DEPENDING ON THE 
NUMBER, VOLUME, OR VALUE OF THE ILLEGALLY CAUGHT/GATHERED 
FISHERY SPECIES AND THE FREQUENCY OF VIOLATIONS. 
(5)ln 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." 
SEC. 6.Section 89, Republic Act No. 8550 is hereby amended to read as follows: 
"Section ago Use of Fine Mesh Net. . It shall be unlawful to engage in 
fishing using nets with mesh smaller than that with which may be fixed by the 
Department: Provided, that the prohibition on the use of fine mesh net shall not 
apply to the gathering of fry, glass eels, elvers, tab/os, and alamang and such 
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species, which by their nature, are small but already mature to be identified in 
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the implementing rules and regulations by the Department. 
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Violation of the above shall subject the offender to A FINE 
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EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH OR TEN 
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THOUSAND PESOS (P10,000.00l FOR THOSE ENGAGED IN MUNICIPAL 
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FISHING, 
TWENTY-THOUSAND 
PESOS 
(P20,000.00l 
FORTHOSE 
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ENGAGED IN SMALL-SCALE COMMERCIAL FISHING, FIFTY THOUSAND 
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PESOS 
(P50,000.00l 
FOR 
THOSE 
ENGAGED 
IN 
MEDIUM-SCALE 
275 
COMMERCIAL FISHING, AND ONE HUNDRED THOUSAND PESOS 
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(P100,000.00l FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL 
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FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT 
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FROM FOUR (4) TO SIX (6) YEARS: Provided, that if the offense is committed 
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by a commercial fishing vessel, the boat captain and the master fisherman 
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shall also be subject to the penalties herein: Provided, further, that the 
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owner/operator of the commercial fishing vessel who violates this provision 
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shall be subjected to the same penalties provided herein: Provided, finally, that 
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the Department is hereby empowered to impose upon the offender an 
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ADMINISTRATIVE FINE EQUIVALENT TO THE ABOVE-MENTIONED 
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AMOUNT and/or cancel his permit or license or both. IN CASE OF A SECOND 
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OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE 
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AMOUNT OF THE: PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, 
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THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
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ABOVESTATED. 
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SEC. 7.Section 90, Republic Act No. 8550 is hereby amended to read as follows: 
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"Section 90. Use of Active Gear in the Municipal Waters and Bays and 
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Other Fishery Management Areas. - It shall be unlawful to engage in fishing in 
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municipal waters and in all bays as well as other fishery management areas 
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using active fishing gears as defined in this Code. 
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Violators of the above prohibitions shall suffer the following penalties: 
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(1) The owner/operator, boat captain, and master fisherman of the 
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vessels who participated in the violation shall suffer the penalty of fine 
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equivalent to three (3) times the value of the catch or FIFTY THOUSAND 
PESOS 
(P5D,DDO.DO)FOR 
THOSE 
ENGAGED 
IN 
SMALL-SCALE 
COMMERCIAL 
FISHING, 
ONE 
HUNDRED 
THOUSAND 
PESOS 
(pl0D,DDD.00) FOR THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL 
FISHING, AND FIVE HUNDRED THOUSAND PESOS (P50D,OOO.OO) FOR 
THOSE 
ENGAGED 
IN 
LARGE-SCALE 
COMMERCIAL 
FISHING, 
RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT FROM 
SIX 
(6) YEARS TO TWELVE 
(12) YEARS, PROVIDED THAT THE 
DEPARTMENT IS 
ALSO 
EMPOWERED 
TO 
IMPOSE 
THE 
ABOVEMENTIONED 
FINES AND TO SUSPEND OR REVOKE THE 
LICENSE FOR COMMERCIAL FISHING, 
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IN CASE. OF A SECOND OFFENSE, THE FINE SHALL BE' 
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EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
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CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
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THE AMOUNT OF THE FINES ABOVESTATED. 
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If the ownerloperator OF THE FISHING VESSEL is a corporation, the 
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penalty shall be imposed on the chief executive officer of the corporation. If the 
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owner/operator is a partnership the penalty shall be imposed on the managing 
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partner. 
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(2) The catch shall be confiscated and forfeited." 
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323 
SEC, 8.Section 91, Republic Act No, 8550 is hereby amended to read as follows: 
324 
325 
"Section iJI. Ban on Coral ExplOitation and Exportation. - It shall be 
326 
unlawful for any person or corporation to gather, possess, sell or export 
327 
ordinary precious and semi-precious corals, whether raw or processed form, 
328 
except for scientific or research purposes, 
329 
Violations of this proVision shall be punished by IMPRISONMENT 
330 
FROM FOUR (4) YEARS TO SIX (6) YEARS AND A FINE EQUIVALENT TO 
331 
THREE TIMES THE VALUE OF THE CORALS GATHERED, POSSESSED, 
332 
SOLD, AND/OR EXPORTED OR FIVE HUNDRED THOUSAND PESOS 
333 
(P500,000.00), whichever is higher, or both such fine and imprisonment, at the 
334 
discretion of the court, and forfeiture of the subject corals, including the vessel 
12 I P age 


335 
and its proper disposition, PROVIDED THAT THE DEPARTMENT IS 
336 
EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A 
337 
SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES 
338 
THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD 
339 
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
340 
ABOVESTATED. 
341 
The confiscated corals shall either be returned to the sea or donated to 
342 
schools and museums for educational or scientific purposes or disposed 
343 
through other means." 
344 
345 
346 
SEC. 9.Section 92, Republic Act No. 8550 is hereby amended to read as follows: 
347 
"Section 92. Ban on Muro-Ami, Other Methods and Gear Destructive 
348 
to Coral Reefs and Other Marine Habitat. - It shall be unlawful for any person. 
349 
natural or juridical, to fish with gear method that destroy coral reefs, seagrass 
350 
beds, and other fishery marine life habitat as may be determined by the 
351 
Department. "Muro-Ami" and any of its variation, and such similar gear and 
352 
methods that require diving, other physical or mechanical acts to pound the 
353 
coral reefs and olher habitat to entrap, gather or catch fish and other fishery 
354 
species are also prohibited. 
355 
THE OWNER/OPERATOR OF THE FISHING VESSEL/S, BOAT 
356 
CAPTAIN, MASTER FISHERMAN, AND RECRUITER OR ORGANIZER OF 
357 
FISHWORKERS WHO VIOLATE THIS PROVISION SHALL SUFFER A 
358 
PENALTY OF EIGHT (8) YEARS TO TWELVE (12) YEARS IMPRISONMENT 
359 
AND A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF THE FISH 
360 . 
CAUGHT THROUGH THE SAID FISHING OPERATION OR TWO MILLION 
361 
PESOS (P2,000,OOO.OOl, WHICHEVER IS HIGHER. The catch and gear used 
362 
shall be confiscated, PROVIDEDTHAT THE DEPARTMENT IS EMPOWERED 
363 
TO IMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A SECOND 
364 
OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE 
365 
AMOUNT OF THI= PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, 
366 
THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
367 
ABOVESTATED. 
13iPage 


368 
It shall likewise be unlawful for any person or corporation to gather, 
369 
sell or export wl1i!e s(!AdCORALSAND, CORAL FRAGMENTS, CORAL 
370 
ROCKS, silica, pebbles OR any other substances which make up any marine 
371 
habitat. 
372 
The person or corporation who violates this provision shall suffer 6 
373 
PENALTY OF EIGHT (8) YEARS TO TWELVE (12) YEARS IMPRISONMENT 
374 
AND A FINE EQUIVALENT TO THREE TIMES THE VALUE OF THE CORAL 
375 
SAND, CORAL FRAGMENTS, CORAL ROCKS, SILICA, OR PEBBLES 
376 
GATHERED, 
SOLD, 
OR 
EXPORTED 
OR 
TWO 
MILLION 
PESOS 
377 
(P2,000,OOO.OO)' WHICHEVER IS HIGHER. The substance taken from its 
378 
marine habitat shall be confiscated. THE DEPARTMENT IS EMPOWERED TO 
379 
IMPOSE THE ABOVEMENTIONED 
FINE.IN 
CASE 
OF 
A SECOND 
380 
OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE 
381 
AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE. 
382 
THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
383 
ABOVESTATED. 
384 
385 
SEC. 10.Section 93, Republic Act No. 8550 is hereby amended to read as follows: 
386 
387 
"Section 93 . Illegal Use of Superlights. - It shall be unlawful to engage 
388 
in fishing with the use of superlights in municipal waters or in violation of the 
389 
rules and regulations which may be promulgated by the Department on the 
390 
use of superlights outside municipal waters. 
391 
Violations of this provision shall be punished by IMPRISONMENT 
392 
FROM FOUR (4) YEARS TO SIX (6) YEARS AND A FINE OF TWENTY 
393 
THOUSAND PESOS (P20.000.0Q) PER SUPERLIGHT. The superlight, fishing 
394 
gears and vessel shall be confiscated. THE DEPARTMENTIS EMPOWERED 
395 
TOIMPOSE THE ABOVEMENTIONED FINE. IN CASE OF A SECOND 
396 
OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE 
397 
AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, 
398 
THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
399 
ABOVESTATED. 
400 
401 
14 I P age 


402 
403 
SEC. 11.Section 95, Republic Act No. 8550 is hereby amended to read as follows: 
404 
"Section 95. Fishing in Overfished Area and During Closed Season .. It 
405 
shall be unlawful to fish in overfished area and during closed season. 
406 
Violation of the provision of this section shall be punished by 
407 
IMPRISONMENT OF FOUR (4) YEARS TO SIX (6) YEARS AND A FINE 
408 
EQUIVALENT TO THREE TIMES THE VALUE OF THE FISH CATCH OR 
409 
TEN THOUSAND PESOS (Pi0,000.00)' FOR THOSE ENGAGED 
IN 
410 
MUNICIPAL FISHING, FIFTY·THOUSAND PESOS (P50,OOO.OO) FOR THOSE 
411 
ENGAGED IN SMALL·SCALE COMMERCIAL FISHING, ONE HUNDRED 
412 
THOUSAND PESOS (Pi00,000.00) FOR THOSE ENGAGED IN MEDIUM· 
413 
SCALE COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND PESOS 
414 
(P200,000.00) FOR THOSE ENGAGED IN LARGE·SCALE COMMERCIAL 
415 
FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, the forfeiture of the 
416 
catch, and the cancellation of fishing permit or license, PROVIDED THAT THE 
417 
DEPARTMENTIS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
418 
FINES AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL 
419 
FISHING. 
420 
421 
422 
423 
424 
425 
426 
427 
428 
429 
430 
431 
432 
433 
434 
435 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
THE AMOUNT OF THE FINES ABOVESTATED. 
SEC. 12.Section S16, Republic Act No. 8550 is hereby amended to read as follows: 
"Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries .. It 
shall be unlawful to fish in fishery areas declared by the Department as fishery 
reserves, refuge and sanctuaries. 
Violation of the provision of this section shall be punished by 
imprisonment of FOUR (4) YEARS TO SIX (6) YEARS AND A FINE 
EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH OR TEN 
THOUSAND PESOS (Pi0,000.00) FOR THOSE ENGAGED IN MUNICIPAL 
FISHING, FIFTY·THOUSAND PESOS (P50,000.00), FOR THOSE ENGAGED 
15 I P age 


436 
IN SMALL-SCALE: COMMERCIAL FISHING, ONE HUNDRED THOUSAND 
437 
PESOS 
(Pl00,OOO.00) 
FOR 
THOSE 
ENGAGED 
IN 
MEDIUM-SCALE 
438 
COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND PESOS 
439 
(P200,OOO.OOl FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL 
440 
FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, the forfeiture of the 
441 
catch, and the cancellation of fishing permit or license, PROVIDED THAT THE 
442 
DEPARTMENT IS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
443 
FINES AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL 
444 
FISHING. 
445 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
446 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
447 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
448 
THE AMOUNT OF' THE FINES ABOVESTATED. 
449 
450 
451 
452 
SEC.13_Section 98, Republic Act No. 8550 is hereby amended to read as follows: 
453 
"Section 98. Capture of Sabalo and Other Breeders/Spawners. - It shall 
454 
be unlawful for any person to catch, gather, capture or possess mature mllkfish 
455 
or "sabalo" and such other breeders or spawners of other fishery species as 
456 
may be determined by the Department: Provided, that catching of sabalo and 
457 
other breeders/spawners for local breeding purposes or scientific or research 
458 
purposes may be allowed subject to guidelines to be promulgated by the 
459 
Department. 
460 
Violation of the provision of this section shall be punished by 
461 
IMPRISONMENT OF FOUR (4) YEARS TO EIGHT (8) YEARS AND A FINE 
462 
EQUIVALENT TO THREE TIMES THE VALUE OF THE "SABALO". OTHER 
463 
BREEDERS, OR SPAWNERS GATHERED OR CAPTURED OR TWO 
464 
HUNDRED THOUSAND PESOS (P200,OOO.OOl, WHICHEVER IS HIGHER, 
465 
and the forfeiture of the catch, and fishing equipment used and revocation of 
466 
license, PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO 
467 
IMPOSE THE ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE 
468 
THE LICENSE FOR COMMERCIAL FISHING. 
16 I P age 


469 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
470 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES, IN 
471 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
472 
THE AMOUNT OF' THE FINES ABOVESTATED, 
473 
474 
475 
SEC. 14.Section 99, Republic Act No, 8550 is hereby amended to read as follows: 
476 
477 
"Section 99. Exportation of Breeders, Spawners, Eggs or Fry, -
478 
Exportation of breeders, spawners, eggs or fry as prohibited In this Code shall 
479 
be punished by IMPRISONMENT OF EIGHT (8) YEARS TO TEN (10) YEARS, 
480 
CONFISCATION OF THE SAME AND A FINE EQUIVALENT TO THREE 
481 
TIMES THE VALUE OF THE BREEDERS, SPAWNERS, EGGS, OR FRY 
482 
EXPORTED OR FIVE HUNDRED THOUSAND PESOS (P500,OOO,00)' 
483 
WHICHEVER IS HIGHER, and the revocation of the fishing LlCENSEAND/OR 
484 
SUSPENSION OR REVOCATION OF REGISTRATION AS EXPORTER, 
485 
PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE 
486 
ABOVEMENTIONED 
FINES AND TO SUSPEND OR REVOKE THE 
487 . 
LICENSE FOR COMMERCIAL FISHING AND THE REGISTRATION AS 
488 
EXPORTER, 
489 
IN CASE' OF A SECOND OFFENSE, THE FINE SHALL BE 
490 
EQUIVALENT OF UP TO TWO TIMES THE AMOUNT OF THE PENALTIES, 
491 
IN CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBE FIVE 
492 
TIMES THE AMOUNT OF THE FINES ABOVESTATED, 
493 
494 
FAILURE ON THE PART OF THE SHIPPING COMPANY FROM 
495 
WHOSE POSSESSION THE BREEDERS, SPAWNERS, EGGS, OR FRY 
496 
ARE 
DISCOVEHED OR SEIZED TO FULLY COOPERATE 
IN 
THE 
497 
INVESTIGATION 
CONDUCTED 
BY 
CONCERNED 
GOVERNMENT 
498 
AUTHORITIES 
ON 
THE 
MATTEH 
SHALL 
CREATE 
A 
LEGAL 
499 
PRESUMPTION THAT THERE 
IS 
CONNIVANCE OR 
CONSPIRACY 
500 
BETWEEN 
THE 
SHIPPING 
COMPANY 
AND 
THE 
SHIPPER 
TO 
501 
PERPETRATE THE AFOREMENTIONED OFFENSE," 
502 
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503 
504 
SEC. 15.Section 100, Republic Act No. 8550 is hereby amended to read as follows: 
505 
"Section 100 Importation or Exportation of Fish or Fishery Species. -
506 
Any importation or exportation of fish or fisheries species in violation of this 
507 
Code shall be punished by EIGHT (8) TO TEN 
(IOJ 
YEARS OF 
508 
IMPRISONMENT, A FINE EQUIVALENT TO THREE TIMES THE VALUE OF 
509 
THE FISH OR FISHERY SPECIES IMPORTED OR EXPORTED OR FIVE 
510 
HUNDRED THOUSAND PESOS (P500,000.OOJ, WHICHEVER IS HIGHER, 
511 
AND THE DEsmUCTION OF LIVE FISHERY SPECIES OR FORFEITURE 
512 
OF NON-LIVE FISHERY SPECIES IN FAVOR OF THE DEPARTMENT FOR 
513 
ITS PROPER DISPOSITION: Provided, that violator of this provision shall be 
514 
banned from being members or stock holders of companies currently engaged 
515 
in fisheries or companies to be created in the future, the gUidelines for which 
516 
shall be promulgated by the Department, PROVIDED FINALLY THAT THE 
517 
DEPARTMENT IS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
518 
FINES AND TO SUSPEND OR REVOKE THE REGISTRATION AS 
519 
IMPORTER OR EXPORTER. 
520 
521 
522 
523 
524 
525 
526 
527 
528 
529 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
THE AMOUNT OF THE FINES ABOVESTATED. 
FAILURE ON THE PART OF THE SHIPPING COMPANY FROM 
WHOSE POSSESSION THE FISH OR FISHERY SPECIES IMPORTED OR 
EXPORTED ARE DISCOVERED OR SEIZED TO FULLY COOPERATE IN THE 
INVESTIGATION 
CONDUCTED 
BY 
CONCERNED 
GOVERNMENT 
530 
AUTHORITIES ON THE MATTER SHALL CREATE A LEGAL PRESUMPTION 
531 • 
THAT THERE 
IS 
CONNIVANCE 
OR 
CONSPIRACY BETWEEN 
THE 
532 
SHIPPING 
COMPANY AND 
THE 
SHIPPER 
TO 
PERPETRATE 
THE 
533 
AFOREMENTIONED OFFENSE," 
534 
535 
536 
SEC. 16.Section '101, Republic Act No, 8550 is hereby amended to read as follows: 
18 I P age 


537 
"Section 101. Violation of Catch Ceilings. - It shall be unlawful for any 
538 
person to fish in violation of catch ceilings as determined by the Department. 
539 
Violation of the proVision of this section shall be punished by A FINE 
540 
EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH TAKEN IN 
541 
VIOLATION 
OF 
THIS 
PROVISION 
OR 
TEN 
THOUSAND 
PESOS 
542 
(PIO.OOO.OO) FOFl THOSE ENGAGED IN MUNICIPAL FISHING. FIFTY-
543 
THOUSAND PESOS (PSO.OOO.Oo) FOR THOSE ENGAGED IN SMALL-
544 
SCALE COMMEFlCIAL FISHING. ONE HUNDRED THOUSAND PESOS 
545 
(PIOO.OOO.Oo) FOR THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL 
546 
FISHING. AND TWO HUNDRED THOUSAND PESOS (P200.000.00) FOR 
547 
THOSE 
ENGAGED 
IN 
LARGE-SCALE 
COMMERCIAL 
FISHING. 
548 
RESPECTIVELY. WHICHEVER IS HIGHER. AND IMPRISONMENT FROM 
549 
FOUR (4) TO SIX (6) YEARS. and forfeiture of the catch, and fishing 
550 
equipment used 
and 
revocation 
of license, 
PROVIDED THAT THE 
551 
DEPARTMENT IS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
552 
FINES AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL 
553 
FISHING. 
554 
555 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
556 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
557 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBE FIVE TIMES 
558 
THE AMOUNT OF: THE FINES ABOVESTATED. 
559 
560 
SEC. 17.Section 102, Republic Act No. 8550 is hereby amended to read as follows: 
561 
562 
"Section102. Aquatic Pollution. - Aquatic pollution, as defined in this 
563 
Code shall be unlawful. 
564 
Violation of the provision of this section shall be punished by 
565 
imprisonment of TWELVE (12) YEARS TO TWENTY (20) YEARS AND A 
566 
FINE OF FIVE HUNDRED THOUSAND PESOS (PSOO,OOO.OOl TO TWO 
567 
MILLION 
PESOS (P2,000,OOOl, 
plus an additional fine of TWENTY 
568 
THOUSAND PESOS (p20,OOO.Oo) per day until such violation ceases and the 
569 
fines paid, PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO 
19 I P age 


570 
571 
572 
573 
574 
575 
576 
577 
578 
579 
580 
581 
582 
583 
584 
585 
586 
587 
588 
589 
590 
591 
592 
593 
594 
595 
596 
597 
598 
599 
600 
601 
602 
603 
IMPOSE THE ABOVEMENTIONED FINES AND TO ISSUE A CEASE AND 
DESIST ORDER TO THE VIOLATOR. 
IN CASE OF A SECOND OFFENSE. THE FINE SHALL BE 
EQUIVALENT OF UP TO TWO TIMES THE AMOUNT OF THE PENALTIES. 
IN CASE OF AT LEAST A THIRD OFFENSE THE FINE SHALLBE FIVE 
TIMES THE AMOUNT OF THE FINES ABOVESTATED. 
SEC. 18.Section 103, Republic Act No. 8550 is hereby amended to read as follows: 
"Section103. Other Violations ... The following fisheries activities shall 
also be considered as a violation of this Code: 
a. 
Failure to Comply with Minimum Safety Standards ... The owner 
and captain of a commercial fishing vessel engaged in fishing who, upon 
demand by proper authorities, fails to exhibit or show proof of compliance with 
the safety standards provided in this Code, shall be immediately prevented from 
continuing with his fishing activity and escorted to the nearest port or landing 
point. The license to operate the commercial fishing vessel shall be suspended 
until the safety standard has been complied with. 
b. 
Failure to Conduct a Yearly Report on all Fishponds, Fish Pens 
and Fish Cages ... The FLA OR OTHER TENURIAL INSTRUMENTof the holder 
who fails to render a yearly report shall be immediately canceled: Provided, That 
if the offender be the owner of the fishpond, fish pen or fish cage, he shall be 
subjected to the following penalties: (1) first offense, a fine of TWO THOUSAND 
PESOS(P2,OOO.Oill per unreported hectare; (2) subsequent offenses, a fine of 
FIVE THOUSAND PESOS (P5,000.OOl per unreported hectare. 
c. 
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 
shell fish 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 of ebb of tide. 
20 I P age 


604 
605 
606 
607 
608 
609 
610 
611 
612 
613 
614 
615 
616 
617 
618 
619 
620 
621 
622 
623 
624 
625 
626 
627 
628 
629 
630 
631 
632 
633 
634 
635 
636 
e. 
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. 
Subject to the provision of the subparagraph (b) of this section, violation 
of the above-enumerated prohibited acts shall subject the offender to a FINE 
RANGING FROM TEN THOUSAND PESOS (PtO.ODO.Oo) TO THIRTY 
THOUSAND PESOS (P30,OOO.OO) AND IMPRISONMENT FROM SIX (6) 
MONTHS TO ONE 
(1) 
YEAR: Provided, that the Secretary is hereby 
empowered to impose upon the offender an administrative fine of not more than 
FIFTY THOUSAND PESOS (P50,000.Oo) or to canceillis 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 ancl/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 THIRTY THOUSAND PESOS 
(P30,OOO.Oo) 
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 carry 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. 
PROVIDED THAT THE DEPARTMENT IS ALSO EMPOWEREDTO 
IMPOSE THE ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE 
THE PERMIT OR LICENSE. 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
21 I P age 


637 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
638 
THE AMOUNT OF THE FINES ABOVESTATED. 
639 
640 
641 
SEC. 19.5ection 104, Republic Act No. 8550 is hereby amended to read as follows: 
642 
643 
"Section 
104. Commercial 
Fishing Vessel Operators 
Employing 
644 
Unlicensed Fisherfolk or Fishworker or Crew. - The owner/operator of a 
645 
commercial fishin!l vessel employing unlicensed flsherfolk or fishworker shall 
646 
be fined with TWO THOUSAND PESOS (P2,000.00) EACH FOR EVERY 
647 
MONTH THAT THE SAME HAS BEEN EMPLOYED AND/OR THREE 
648 
THOUSAND 
PESOS 
(P3,000.00) 
FOR 
EVERY MONTH 
FOR 
EACH 
649 
UNLICENSED CREW MEMBER WHO HAS BEEN EMPLOYED, PROVIDED 
650 
THAT THE DEPAI'1TMENT 
IS 
EMPOWERED 
TO 
IMPOSE 
THE 
651 
ABOVEMENTIONED 
FINES AND TO SUSPEND OR REVOKE THE 
652 
LICENSE FOR COMMERCIAL FISHING. 
653 
654 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
655 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN 
656 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
657 
THE AMOUNT OF THE FINES ABOVESTATED. 
658 
659 
660 
SEC, 20,A new provision, dubbed as Section 104-A, is hereby added to the existing 
661 
provisions of this Code. The same shall read as follows: 
662 
"SECTION 104-A. COMMERCIAL FISHING VESSEL OPERATORS 
663 
EMPLOYING UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO 
664 
FISH 
OR 
ENGAGE 
IN 
OTHER 
FISHERIES 
ACTIVITIES 
INTHE 
665 
INTERNATIONAL 
WATERS, 
OR 
IN 
THE 
TERRITORIAL 
SEASAND 
666 
EXCLUSIVE 
ECONOMIC 
ZONES 
OF 
OTHER 
STATES. THE 
667 
OWNER/OPERATOR OF A COMMERCIAL FISHING VESSEL EMPLOYING 
668 
UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO FISH IN THE 
669 
INTERNATIONAL 
WATERS. 
OR 
IN 
THE 
TERRITORIAL 
SEASAND 
670 
EXCLUSIVE ECONOMIC ZONES OF OTHER STATESSHALL BE FINED 
22 I P age 


671 
672 
673 
674 
675 
676 
677 
678 
679 
680 
681 
682 
WITH TEN THOLJSAND PESOS (P10,OOO,OO) 
FOR EVERY MONTH FOR 
EACH UNLICENSED FISHERFOLK/FISHWORKER OR CREW THAT THE 
SAME HAS BEEN EMPLOYED, PROVIDED THAT THE DEPARTMENT IS 
EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
FINES AND TO 
SUSPEND OR REVOKE THE INTERNATIONAL FISHING PFRMIT. 
IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE 
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES, IN 
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES 
THE AMOUNT OF THE FINES ABOVESTATED, 
683 
SEC. 21.Section 105, Republic Act No, 8550 is hereby amended to read as follows: 
684 
685 
"Section 105. Obstruction of Defined Migration Paths, - Obstruction of 
686 
any defined migration paths of anadromous, catadromous and other migratory 
687 
species, in areas including, but not limited to river mouths and estuaries within 
688 
a distance determined by the concerned FARMCs shall be punished by 
689 
IMPRISONMENT OF EIGHT (8) YEARS TO TWELVE (12) YEARS AND A 
690 
FINE FROM ONE HUNDRED FIFTY THOUSAND PESOS IP150,000,OO) TO 
691 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), and cancellation of 
692 
permit/license, if any, and dismantling of obstruction shall be at his own 
693 
expense and confiscation of same, PROVIDED THAT THE DEPARTMENT 
694 
IS EMPOWERED TO 
IMPOSE THE ABOVEMENTIONED 
FINES 
695 
INCLUDING THE DISMANTLING OF THE OBSTRUCTION AND THE 
696 
SLJSPENSION OR REVOCATION OF PERMIT OR LICENSE, 
697 
698 
699 
700 
701 
702 
703 
704 
IN CASE: OF A SECOND OFFENSE, THE: FINE: SHALL BE 
EQUIVALE:NT TO TWO TIMES THE AMOUNT OF THE: PENALTIES, IN 
CASE OF AT LE:AST A THIRD OFFENSE:, THE FINE: SHALLBEFIVE TIMES 
THE AMOUNT 01= THE FINES ABOVESTATED, 
SEC. 22,Section '106, Republic Act No, 8550 is hereby amended to read as follows: 
23 I P age 


705 
706 
"Section 106. Obstruction to Fishery Law Enforcement Officer. - The 
707 
boat owner, master or operator or any person acting on his behalf of any 
708 
fishing vessel who evades, obstructs or hinder any fishery law enforcement 
709 
officer of the Department to perform his duty, shall be PENALIZED WITH 
710 
IMPRISONMENT OF SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF 
711 
FIFTY THOUSAND PESOS (P50,OOO.OO) TO TWO HUNDRED THOUSAND 
712 
PESOS (P200,000.OO)PROVIDED THAT THE DEPARTMENT 
IS 
713 
EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES. IN CASE OF 
714 
A SECOND OFFE:NSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES 
715 
THE AMOUNT OF THE PENALTIES. IN CASE: OF AT LEAST A THIRD 
716 
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES 
717 
ABOVESTATED. 
718 
In addition, the registration, permit and/or license of the vessel 
719 
including the license of the master fisherman shall be canceled." 
720 
SEC, 23. OTHER VIOLATIONS - VIOLATION OF ANY OTHER PROVISION 
721 
OF THIS CODE, OR OF ANY RULE OR REGULATION ALREADY EXISTING 
722 
OR WHICH MAYBE PROMULGATED PURSUANT TO THIS CODE SHALL 
723 
SUBJECT THE OFFENDER TO A FINE OF THIRTY THOUSAND PESOS 
724 
(P30,OOO) TO THREE HUNDRED THOUSAND PESOS (P300,000) OR 
725 
IMPRISONMENT FROM SIX MONTHS TO FOUR YEARS OR BOTH SUCH 
726 
FINE 
OR 
IMPRISONMENT 
IN 
THE 
DISCRETION 
OF 
THE 
727 
COURT,PROVIDED THE DEPARTMENT IS EMPOWERED TO IMPOSE THE 
728 
ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE THE 
729 
LICENSE, PERMIT OR REGISTRATION. 
730 
731 
SEC. 24. A new chapter on legal, administrative and quasi-judicial actions, dubbed as 
732 
Chapter VI-A, covering provisions from Sections 106-A to 106-F, is hereby added to the existing 
733 
provisions of this Code. The same shall read as follows: 
734 
735 
736 
737 
"CHAPTER VI-A 
ADMINISTRATIVE ACTIONS 
24 I P age 


738 
SECTION W6-A. ADMINISTRATIVE ACTION. - THE DEPARTMENT 
739 
SHALL. ON ITS OWN INSTANCE OR UPON VERIFIED COMPLAINT BY 
740 
ANY PERSON. INSTITUTE ADMINISTRATIVE PROCEEDINGS AGAINST 
741 
ANY PERSON WHO COMMITS THE ABOVE-MENTIONED VIOLATIONS. 
742 
743 
SECTION 
106-B. 
ADMINISTRATIVE 
AUTHORITY 
OF 
THE 
744 
DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE TO ORDER 
745 
CONFISCATION 
IN ALL CASES OF VIOLATION OF THIS ACT OR OTHER 
746 
FISHERY LAWS. RULES AND REGULATIONS. THE DIRECTOR OR HIS 
747 
DULY 
AUTHORIZED 
REPRESENTATIVE. 
MAY 
ORDER 
THE 
748 
CONFISCATION .A.ND FORFEITURE OF ANY FISH. FISHERY SPECIES OR 
749 
AQUATIC RESOURCES ILLEGALLY CAUGHT. TAKEN OR GATHERED. 
750 
AND ALL GEARS AND VESSELS USED IN THE COMMISSION OF THE 
751 
OFFENSE INFAVOR OF THE DEPARTMENTAND TO DISPOSE OF THE 
752 
SAME 
IN 
ACCORDANCE 
WITH 
PERTINENT 
LAWS. 
RULES. 
753 
REGULATIONS AND POLICIES ON THE MATTER. 
754 
755 
SECTION 106-C. REWARD TO INFORMANTS AND THOSE WHO 
756 
ASSISTED IN THE FISHERY LAW ENFORCEMENT - ANY PERSON WHO 
757 
PROVIDED INFORMATION FOR. OR ASSISTED. IN THE APPREHENSION 
758 
AND CONVICTION OF A PERSON FOR THE VIOLATION OF THIS ACT OR 
759 
OTHER 
FISHEHY 
LAWS. 
HULES 
AND 
REGULATIONS. 
OH 
THE 
760 
CONFISCATION AND FORFEITURE OF FISH. FISHERY SPECIES, OTHER 
761 
AQUATIC HESOUHCES, VESSEL, GEARS AND CONVEYANCES, SHALL 
762 
BE GIVEN A REWARD IN THE AMOUNT OF TWENTY PERCENT (20%) OF 
763 
THE PROCEEDS OF THE CONFISCATION AND FORFEITURE OR OF THE 
764 
ADMINISTRATIVE FINES COLLECTED BY THE BUREAU.FOR THIS 
765 
PURPOSE, THE DEPARTMENT SHALL PROMULGATE THE RULES AND 
766 . 
REGULATIONS FOR THE GRANTING OF THIS REWARD. 
767 
768 
SECTION 106-0. INDEPENDENCE OF ADMINISTRATIVE ACTION -
769 
THE FILING OF AN ADMINISTRATIVE ACTION AGAINST A PERSON OR 
770 
ENTITY THAT COMMITED THE ABOVE-MENTIONED VIOLATIONS DOES 
25 I P age 


771 
772 
773 
774 
775 
776 
777 
778 
NOT PRECLUDE THE FILING OF CRIMINAL AND CIVIL ACTION AGAINST 
THE SAME. SUCH ACTION SHALL PROCEED INDEPENDENTLY. 
SECTION 106-E. LIEN 
UPON PERSONAL AND IMMOVABLE 
PROPERTIES OF VIOLATORS. -
FINES AND PENALTIES IMPOSED 
PURSUANT TO THIS ACT SHALL CONSTITUTE AS LIENS UPON THE 
PERSONAL AND IMMOVABLE PROPERTIES OF THE VIOLATOR. 
779 
SECTION 106-F. POWER TO ISSUE CEASE AND DESIST ORDERS 
780 
AND TO SUMMARILY EJECT WITHOUT THE NECESSITY OF JUDICIAL 
781 
ORDER.-THE DEPARTMENT SHALL. SUBJECT TO THE REQUIREMENTS 
782 
OF ADMINISTRATIVE DUE PROCESS. HAVE THE POWER TO ISSUE 
783 
CEASE AND DESIST ORDERIS UPON VIOLATORIS AND TO SUMMARILY 
784 
EJECT. WITHOUT THE NECESSITY OF JUDICIAL ORDER. THE HOLDER 
785 
OF FLA. OTHER TENURIAL INSTRUMENT. PERMIT OR LICENSE FROM 
786 
AREASOF THE PUBLIC DOMAIN COVERED BY SUCH FLA. TENURIAL 
787 
INSTRUMENT. PERMIT OR LICENSE." 
788 
789 
SEC. 25.ESCALATION CLAUSE. -
THE FINE HEREIN PRESCRIBED SHALL BE 
790 
INCREASED BY AT LEAST TEN PERCENT (10%) EVERY THREE (3) YEARS TO 
791 
COMPENSATE FOR INFLATION AND TO MAINTAIN THE DETERRENT FUNCTION OF SUCH 
792 
FINES. 
793 
794 
SEC. 26.Repealing Clause. -
All laws, decrees, executive orders and rules and 
795 
regulations or part thereof, which are inconsistent with this Code, are repealed or modified 
796 
accordingly. 
797 
798 
SEC. 27.Separability Clause. - If any portion of this Code is declared unconstitutional or 
799 
invalid, the portions or provisions thereof, which are not affected thereby, shall continue in full 
800 
foroe and effeot. 
801 
802 
SEC. 28.Effeotivity.-
This Aot shall take effect fifteen (15) days following its complete 
803 
publication in at least two (2) newspapers of general circulation. 
804 
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805 
806 
APPROVED on 
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27 I P d g e