Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
First Regular Session

House Bill No__ 1518

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

EXPLANATORY NOTE

This bill seeks to amend Section 97 of Republic Act No. 8550, otherwise known as “The
Philippine Fisheries Code of 1998.” It states that “it is unlawful to fish or take rare, endangered
species as listed in the Convention on the International Trade in Endangered Species of Wild
Fauna and Flora (CITES).”

As an international trade management tool, CITES aims to protect wildlife from the
detrimental effects of over — exploitation, ensure sustainable utilization, and encourage
international cooperation. It implements the convention through special lists called Appendices
according to the level of threat faced by each’ species. Appendix I lists species that are
endangered, Appendix II lists those that may become endangered if trade is not managed, and
Appendix III lists species at the request of countries requiring assistance in conservation
management.

Unfortunately, Section 97 of the Philippines Fisheries Code does not distinguish between
species that are listed on Appendix I as endangered and those that are included in Appendix II as
needing trade regulation. Section 97 currently prohibits the collection and fishing of all species
listed in the multilateral Convention on the International Trade in Endangered Species of Wild
Fauna and Flora (CITES). The resulting automatic ban on the collecting or fishing of all listed
species conflicts with the intention of CITES. which is to manage sustainable trade. Furthermore,
it limits the capacity of various government agencies to practice proactive management and
prohibits any use, including mariculture and aquaculture, of the listed species.

The de facto ban on collection, fishing and trade of species will penalize fishers unfairly
‘They must cither become criminals or transfer their fishing effort unnecessarily to other
resources, many of which are already depleted. Although superficially advantageous to the
recovery of the species, the ban is also likely to promote illegal trade. The archipelagic nature of
our country and a shortage of financial resources would make it both costly and difficult to
implement trade surveillance and enforcement of these unfortunate ban efforts.

Under a revised Section 97, national authorities could permit either low or high levels of
trade, monitored and managed for sustainability.

‘Thus, expedient approval of this bill is earnestly sought.

~- (—
SS.

AUGUSTO BOBOY SYJUCO, Ph. D.
2” District, Province of lloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:

First Regular Session

1518

House Bill No.__~

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

AN ACT AMENDING SECTION 97 OF REPUBLIC ACT 8550
OTHERWISE KNOWN AS THE FISHERIES CODE OF 1998

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled
SECTION 1. Section 97 of Republic Act 8550 otherwise known as “THE FISHERIES

CODE OF THE PHILIPPINES OF 1998” is hex ‘amended to read as follows:

“Section 97. Fishing or Taking of Rare, Threatened or Endangered Species. — It

re,

shall be unlawful to fish, CATCH, GATHER, SELL, PURCHASE,POSSESS,

TRANSPORT AND EXPORT rare, threatened or endangered species as listed in CI
APPENDIX I and as determined by the Department.”

“CONSISTENT WITH 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 IIL
OF THE CONVENTION

THE BUREAU OF FISHERIES AND AQUATIC RESOURCES SHALL, IN
COORDINATION WITH THE NFARMC, LGUs, PRIVATE INSTITUTIONS AND.
OTHER GOVERNMENT AGENCIES CONCERNED, INITIATE THE

DEVELOPMENT OF A FISHERIES RESOURCE MANAGEMENT PLAN FOR


EACH CITES LISTED SPECIES, INDICATING CONSERVATION AND
REHABILITATION MEASURES.”

n of this section shall be punished by imprisonment of

“Violation of the pro
twelve (12) years to twenty (20) years and/or fine of One Hundred and ‘Twenty Thousand
(P120,000.00) Pesos and by forfeiture of the catch, the confiscation and cancellation of
the fishing permit.”

SECTION 2. THE DEPARTMENT OF AGRICULTURE — BUREAU OF FISHERIES

AND AQUATIC RESOURCES SHALL PROMULGATE THE RULES AND REGULATIONS
10 IMPLEMENT THIS AMENDMENT WITHIN SIXTY (60) DAYS FROM THE
APPROVAL OF THIS AMENDMENT.

SECTION 3. THIS ACT SHALL TAKE EF

(CT FIFTEEN (15) DAYS FOLLOWING
ITS PUBLICATION IN THE OFFICIAL GAZETTE OR IN ATLEAST TWO (2)
NEWSPAPERS OF GENERAL CIRCULATION. .

Approved,