Republic of the Philippines

House of Representatives

Quezon City, Metro Manila
Seventeenth Congress

Third Regular Session

HOUSE BILL No.__ 8109

Introduced by Representative ERICO ARISTOTLE C. AUMENTADO

EXPLANATORY NOTE

Study shows that chlorination affects marine life. Although the amount of
chlorine in tap water is harmless to humans, but it can actually kill a fish and even
corals. Use of chlorine in Philippine waters must be prohibited because it is a very
reactive chemical element that can actually burn and in large amounts can be used
as a chemical weapon.

Chlorine, even in amounts found in tap water, gives marine invertebrates and
fish chemical burns. In fish, chlorine burns the gills. At the same time, it absorbs into
the bloodstream and causes burns throughout the fish. It has a similar effect on
invertebrates, who absorb it through their surfaces. These burns can cause serious
damage to marine organisms. Even with low exposure, chlorine can hurt aquarium
fish. If it's not deadly, the constant pain from the damage it causes can cause stress
thus, making them vulnerable to disease. The signs of chlorine stress include fish
darting around rapidly, gasping or jumping out of the tank. They may show stress by
withdrawing tentacles or pulling themselves into their exoskeletons.

Thus, passage of the bill is earnestly sought.



Republic of the Philippines

House of Representatives

Quezon City, Metro Manila
Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8109

Introduced by Representative ERICO ARISTOTLE C. AUMENTADO

AN ACT
PROHIBITING THE USE OF CHLORINE IN ALL FISHING ACTIVITIES
AMENDING FOR THE PURPOSE SECTION 92 OF REPUBLIC ACT NO. 10654
AND FOR OTHER PURPOSES

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

SECTION 1. Section 92 of Republic Act No. 10654 is hereby amended as
follows:

Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or
Electricity. — (a) 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 waters with
the use of explosives, noxious or poisonous substance such as CHLORINE OR
sodium cyanide, 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 with the endorsement from the concerned LGUs, may allow,
for research, educational or scientific purposes only, the use of 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 and pests 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.

The discovery of dynamite, other explosives and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or equipment or
device for electrofishing in any fishing vessel or in the possession of any fisherfolk,
operator, fishing boat official or fishworker shall constitute a prima facie presumption
that any of these devices was used for fishing in violation of this Code.

The discovery in any fishing vessel of fish caught or killed with the use of
explosives, noxious or poisonous substances, or by electricity shall constitute
a prima facie presumption that the fisherfolk, operator, boat official or fishworker is
fishing with the use thereof.


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Upon a summary finding of administrative liability, any person found liable for
the actual use of explosives, noxious or poisonous substances shall be punished
with confiscation of catch including those not caught illegally if co-mingled with those
caught illegally, gear, explosives and noxious or poisonous substances, or
electrofishing devices and paraphernalia and gear, and an administrative fine
equivalent to five (5) times the value of the catch or the amount of fine indicated
below whichever is higher:

(1) Thirty thousand pesos (P30,000.00) for municipal fishing;

(2) Three hundred thousand pesos (P300,000.00) for small-scale
commercial fishing;

(3) One million five hundred thousand pesos (P1,500,000.00) for
medium scale commercial fishing; and

(4) Three million pesos (P3,000,000.00) for large scale commercial
fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment
from five (5) to ten (10) years, confiscation of catch, including those not caught
illegally if co-mingled with those caught illegally, gear, explosives and noxious or
poisonous substances, or electrofishing devices and paraphernalia, gear, and a fine
equivalent to twice the amount of the administrative fine, without prejudice to the
filing of separate criminal cases when the use of the same result to physical injury or
loss of human life.

The actual use of electrofishing devices for illegal fishing shall be punished with
imprisonment of six (6) months and a fine of Five thousand pesos (P5,000.00).

(b) It shall be unlawful for any person to possess explosives, and noxious or
poisonous substances for illegal fishing,

Upon a summary finding of administrative liability, the offender shall be punished
with confiscation of catch, gear, and an administrative fine equivalent to five (5) times
the value of the catch or the amount indicated below whichever is higher:

(1) Ten thousand, pesos (P10,000.00) for municipal fishing;

(2) One hundred thousand pesos (P100,000.00) for small-scale
commercial fishing;

(3) Five hundred thousand pesos (P500,000.00) for medium scale
commercial fishing; and

(4) One million pesos (P1,000,000.00) for large scale commercial
fishing.

Violation of this provision shall be punished with imprisonment from six (6) months to
two (2) years, and a fine equivalent to twice the amount of the administrative fine and
confiscation of catch and gear.


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SEC. 2. The Department of Agriculture, in consultation with concerned
government agencies and stakeholders, shall include in its implementing rules and
regulations of this Act.

SEC. 3. If any portion of this Act is declared unconstitutional or invalid, the
portions or provisions which are not affected shall continue to be in full force and
effect.

Section 3. All laws, decrees, executive orders and rules and regulations or
parts thereof which are inconsistent with this Act are hereby repealed or modified
accordingly.

Section 4.-This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,