SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 2414 
'\4 SEP 11 P6:1 I) 
Prepared and submitted jointly by the Committees on Agriculture and Food. Environment and 
Natural Resources, and Finance, with Senators Villar, Legarda, Revilla Jr., Lapid, Ejercito 
Estrada, Poe, Defensor Santiago. Cayetano (A. P.) and Sotto III 
as authors thereof 
AN ACT 
STRENGTHENING THE REGULATORY AND ENFORCEMENT FUNCTIONS OF THE 
BUREAU OF FISHERIES AND AQUATIC RESOURCES, AMENDING FOR THE PURPOSE 
REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS "THE PHILIPPINE FISHERIES 
CODE OF 1998," AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 2 of Republic Act No. 8550, otherwise known as "The Philippine 
2 
Fisheries Code of 1998", is hereby amended, as follows: 
3 
"SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State: 
4 
(a) x x x 
5 
x x x 
6 
(c) to ensure the rational and sustainable development, management and 
7 
conservation of the fishery and aquatic resources in Philippine waters including the 
8 
Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the 
9 
primordial objective of maintaining a sound ecological balance, protecting and 
10 
enhancing the quality of the environment!;]. THE PHILIPPINES SHALL PURSUE ITS 
11 
COMMITMENT TO INTERNATIONAL CONVENTIONS AND COOPERATE WITH 
12 
OTHER STATES AND INTERNATIONAL BODIES, IN ORDER TO CONSERVE 
13 
AND MANAGE THREATENED AQUATIC SPECIES, STRADDLING AND HIGHLY 
14 
MIGRATORY FISH STOCKS AND OTHER LIVING MARINE RESOURCES; 
15 
x x x 
16 
(f) to ADOPT THE PRECAUTIONARY PRINCIPLE AND manage fishery and 
17 
aquatic resources, in a manner consistent with the concept of an ECOSYSTEM-
18 
BASED APPROACH TO FISHERIES MANAGEMENT AND integrated coastal area 


management in specific natural fishery management areas, appropriately supported 
2 
by research, technical services and guidance provided by the State; and 
3 
x x x." 
4 
SEC. 2. Section 3 of the same Act is hereby amended, as follows: 
5 
"SEC. 3. Application of its Provisions. - The provisions of this Code shall be 
6 
enforced in: 
7 
(a) all Philippine waters including other waters over which the Philippines has 
8 
sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive Economic 
9 
Zone (EEZ) and continental shelf; 
10 
(b) all aquatic and fishery resources whether inland, coastal or offshore 
11 
fishing areas, including. but not limited to. fishponds, fish pens/cages;[and] 
12 
(c) all lands devoted to aquaculture, or businesses and activities relating to 
\3 
fishery, whether private or public lands[.]; AND 
14 
(D) ALL PHILIPPINE FLAGGED FISHING VESSELS OPERATING IN 
15 
AREAS 
GOVERNED 
BY 
A 
REGIONAL 
FISHERIES 
MANAGEMENT 
16 
ORGANIZATION (RFMO). IN THE HIGH SEAS. OR IN WATERS OF OTHER 
17 
COASTAL STATES." 
18 
SEC. 3. Section 4 of the same Act is hereby amended, as follows: 
19 
"SEC. 4. Definition of Terms. -
As used in this Code, the following terms and 
20 
phrases shall mean as follows: 
21 
(1) x x x 
22 
x x x 
23 
(12) COMMUNITY SERVICE - MEANS ANY SERVICE OR ACTIVITY THAT 
24 
IS 
PERFORMED 
FOR 
THE 
BENEFIT 
OF 
THE 
COMMUNITY 
OR 
ITS 
25 
INSTITUTIONS IN LIEU OF PAYMENT OF FINE IMPOSED AS ADMINISTRATIVE 
26 
OR CRIMINAL PENALTY. 
27 
13) CONSERVATION 
AND 
MANAGEMENT 
MEASURES 
-
MEAN 
28 
MEASURES TO CONSERVE AND MANAGE LIVING MARINE RESOURCES THAT 
29 
ARE ADOPTED AND APPLIED CONSISTENTLY WITH THE RELEVANT RULES 
30 
OF INTERNATIONAL LAW INCLUDING THOSE REFLECTED IN CONVENTIONS. 
2 


[(12)](14) x x x 
2 
[(13)](15) x x x 
3 
[(14)](16) x x X 
4 
[(15)](17) x x x 
5 
(18) DISTANT WATER FISHING - MEANS FISHING IN THE HIGH SEAS 
6 
OR IN WATERS OF OTHER STATES. 
7 
[(16)](19) x x x 
8 
[(17)1(20) x x x 
9 
[(18)1(21) X x x 
10 
[(19)](22)xxx 
11 
[(20)](23) x x x 
12 
[(21 )](24) x x x 
13 
[(22)](25) x x x 
14 
[(23)](26) x x X 
15 
[(24 )](27) x x x 
16 
[(25)](28) x x x 
17 
[(26)1(29) x x x 
18 
[(27)](30) x x x 
19 
[(28)](31) x x x 
20 
[(29)](32) X X X 
21. 
[(30)](33) X X X 
22 
[(31 )](34) X X X 
23 
(35) FISHERIES OBSERVER - A PERSON DULY AUTHORIZED BY THE 
24 
PHILIPPINE GOVERNMENT OR UNDER A REGIONAL OBSERVER PROGRAM 
25 
OF THE RFMO,TO COLLECT SCIENTIFIC, TECHNICAL OR FISHING·RELATED 
26 
DATA, AND OTHER INFORMATION THAT MAY BE REQUIRED BY THE 
27 
28 
29 
GOVERNMENT 
OR 
THE 
RFMO 
AND/OR 
IN 
CONSERVATION AND MANAGEMENT MEASURE. 
[(32)](36) X X X 
COMPLIANCE 
TO 
A 
3 


[(33)](37) Fishing [Boat] VESSEUGear License - a permit to operate specific 
2 
types of fishing [boat] vessel/gear for specific duration in areas beyond municipal 
3 
waters for demersal or pelagic fishery resources. 
4 
5 
6 
7 
8 
9 
[(34)](38) 
[(35)](39) 
[(36)](40) 
[(37)](41) 
[(38)](42) 
[(39)](43) 
x x x 
x x x 
x x x 
x x x 
x x x 
x x x 
10 
[(40)](44) Fishing gear - any instrument or device and its accessories utilized 
11 
in taking fish and other fishery species. 
12 
a. Active fishing gear - is a fishing device characterized by [gear movement, 
13 
and/or] the pursuit of the target species by towing, [lifting, and] pushing 
14 
the gears, surrounding, covering, dredging, [pumping] and scaring the 
15 
target species to impoundments; such as, but not limited to, trawl, purse 
16 
seines, Danish seines, [bag nets,] paaling AND drift gill net [and tuna 
17 
longline]. 
18 
b. Passive fishing gear -
is characterized by the absence of [gear 
19 
movements and/or the] pursuit of the target species; such as, but not 
20 
limited to hook and line, fishpots, traps and gill nets across the patch of the 
21 
fish. 
22 
(45) FISHING LIGHT ATTRACTOR -
A FISHING AID WHICH EMPLOYS 
23 
LIGHTS USING, AMONG OTHERS, MERCURY VAPOR, HIGH PRESSURE 
24 
25 
26 
27 
28 
29 
30 
SODIUM 
VAPOR, 
STANDARD 
TUNGSTEN, 
TUNGSTEN 
HALOGEN, 
FLUORESCENT OR LIGHT-EMITTING DIODE, THAT ARE ATTACHED TO A 
STRUCTURE ABOVE WATER OR SUSPENDED UNDERWATER TO ATTRACT 
BOTH FISH AND MEMBERS OF THEIR FOOD CHAIN TO SPECIFIC AREAS IN 
ORDER TO HARVEST THEM. 
[(41 )](46) x x x 
[(42)](47) x x x 
4 


[(43)](48) x x x 
2 
[(44)](49)xxx 
3 
[( 45)](50) x x x 
4 
[(46)](51) x x x 
5 
[(47)](52) x x x 
6 
[(48)](53) x x x 
7 
(54) HARVEST CONTROL RULE/S - ARE ACTIONS OR SET OF ACTIONS 
8 
TO BE TAKEN TO ACHIEVE A MEDIUM OR LONG TERM TARGET REFERENCE 
9 
POINT WHILE AVOIDING REACHING OR BREACHING A LIMIT REFERENCE 
10 
POINT. 
11 
(55) ILLEGAL FISHING - REFERS TO FISHING ACTIVITIES CONDUCTED 
12 
BY: 
13 
(A) PHILIPPINE FLAGGED FISHING VESSELS IN WATERS UNDER THE 
14 
JURISDICTION OF A STATE OR IN THE HIGH SEAS, WITHOUT THE 
15 
PERMISSION OF THE STATE, OR IN CONTRAVENTION OF ITS LAWS 
AND REGULATIONS; 
16 
17 
(B) FOREIGN 
FISHING 
VESSELS 
IN 
WATERS 
UNDER 
THE 
18 
JURISDICTION OF A STATE IN CONTRAVENTION OF ITS LAWS OR 
19 
REGULATIONS; OR 
20 
(C) FISHING VESSELS FLYING THE FLAG OF STATES THAT ARE 
21 
PARTIES TO A RELEVANT REGIONAL FISHERIES MANAGEMENT 
22 
ORGANIZATION BUT OPERATE IN CONTRAVENTION OF ITS RULES. 
23 
[(49)](56) X X X 
24 
[(50)](57) X X X 
25 
[(51 )](58) X X X 
26 
[(52)](59) X X X 
27 
(60) MARINE PROTECTED AREA - REFERS TO A DEFINED AREA OF . 
28 
THE SEA ESTABLISHED AND SET ASIDE BY LAW, ADMINISTRATIVE 
29 
REGULATION, OR ANY OTHER EFFECTIVE MEANS IN ORDER TO CONSERVE 
30 
AND PROTECT A PART OF OR THE ENTIRE ENCLOSED ENVIRONMENT 
5 


THROUGH THE ESTABLISHMENT OF MANAGEMENT GUIDELINES. IT IS 
2 
CONSIDERED A GENERIC TERM THAT INCLUDES ALL DECLARED AREAS 
3 
GOVERNED BY SPECIFIC RULES OR GUIDELINES IN ORDER TO PROTECT 
4 
AND MANAGE ACTIVITIES WITHIN THE ENCLOSED AREA. 
5 
[(53)](61) x x x 
6 
[(54)](62) x X X 
7 
[(55)](63) x X x 
8 
[(56)1(64) X X X 
9 
[(57)](65) X X X 
10 
[(58)](66) X X X 
11 
[(59)](67) X X X 
12 
[(60)](68) X X X 
\3 
[(61 )](69) X X X 
14 
[(62](70) X x X 
15 
[(63)](71) X X X 
16 
(72) PORT STATE MEASURES -
REFER TO THE REQUIREMENTS 
17 
ESTABLISHED OR INTERVENTIONS UNDERTAKEN BY PORT STATES, WHICH 
18 
A PHILIPPINE FLAGGED OR FOREIGN FISHING VESSEL MUST COMPLY WITH 
19 
AS A CONDITION FOR THE USE OF PORTS WITHIN THE PORT STATE. 
20 
[(64)](73) X X x 
21 
[(65)](74) x x x 
22 
(75) REFERENCE POINTS - ARE BENCHMARK VALUES OFTEN BASED 
23 
ON INDICATORS SUCH AS FISHERY STOCK SIZE OR THE LEVEL OF FISHING 
24 
THAT SERVES AS STANDARD TO COMPARE ESTIMATES OF A FISHERY 
25 
STOCK SIZE AND FISHING MORTALITY OVER TIME DEPENDING ON THE 
26 
BIOLOGICAL CHARACTERISTICS OF THE SPECIES. REFERENCE POINTS CAN 
27 
MARK: (A) A LIMIT OR A LEVEL THAT SHOULD BE AVOIDED; (B) A TARGET, 
28 
WHICH SHOULD BE ACHIEVED AND MAINTAINED; OR (C) A TRIGGER THAT 
29 
SIGNALS THE NEED TO TAKE PRESCRIBED ACTIONS. 
6 


(76) REGIONAL FISHERIES MANAGEMENT ORGANIZA TION (RFMO) -
A 
2 
MUL TI·LATERAL ORGANIZATION WITH RESPONSIBILITY TO COORDINATE 
3 
MANAGEMENT 
AND 
ESTABLISH 
CONSERVATION 
AND 
MANAGEMENT 
4 
MEASURES FOR HIGHLY MIGRATORY FISH STOCKS, FISH STOCKS THAT 
5 
STRADDLE NATIONAL FISHERIES MANAGEMENT BOUNDARIES AND OTHER 
6 
HIGH·SEAS SPECIES. 
7 
[(66)](77) x x x 
8 
[(67)1(78) x x x 
9 
[(68)](79) x x x 
10 
[(69)](80) x x X 
11 
(81) SERIOUS VIOLATION -
MEANS ANY OF THE FOLLOWING 
12 
VIOLATIONS OF THE PROVISIONS OF THIS CODE: 
13 
(A) FISHING WITHOUT A VALID LICENSE, AUTHORIZATION OR PERMIT; 
14 
(B) FISHING WITHOUT REPORTING THE CATCH OR MISREPORTING 
15 
THE CATCH; 
16 
(C) FISHING IN A CLOSED AREA OR DURING A CLOSED SEASON; 
17 
(D) FISHING FOR PROHIBITED SPECIES OR FISHING WITH THE USE OF 
18 
PROHIBITED GEAR OR METHODS; 
19 
(E) FALSIFYING, 
CONCEALING 
OR 
TAMPERING 
WITH 
VESSEL 
20 
MARKINGS, IDENTITY OR REGISTRATION TO CONCEAL VESSEL 
21 
IDENTITY OR LACK OF REGISTRATION; 
22 
23 
24 
25 
26 
27 
28 
29 
30 
(F) CONCEALING, 
TAMPERING 
OR 
DISPOSING 
OF 
EVIDENCE 
RELATING TO AN INVESTIGATION OF A VIOLATION; 
(G) ASSAULTING, RESISTING, INTIMIDATING, HARASSING, SERIOUSLY' 
INTERFERING WITH, OR UNDULY OBSTRUCTING OR DELAYING A 
FISHERIES 
LAW 
ENFORCER, 
AUTHORIZED 
INSPECTOR 
OR 
OBSERVER 
OR 
OTHER 
DULY 
AUTHORIZED 
GOVERNMENT 
OFFICER; 
(H) INTENTIONALLY TAMPERING WITH OR DISABLING THE VESSEL 
MONITORING SYSTEM; AND 
7 


(I) COMMITTING MULTIPLE VIOLATIONS WHICH TAKEN TOGETHER 
2 
CONSTITUTE A SERIOUS DISREGARD OF THIS CODE. 
3 
[(70)](82) 
4 
[(71 )](83) Superlight - also called magic light, is a type of light using halogen 
5 
or metal halide bulb which may be located above the sea surface or submerged in the 
6 
water. It consists of a ballast, regulator, electric cable and socket. The source of 
7 
energy comes from a generator, battery or dynamo coupled with the main engine. 
8 
[(72)](84) x x x 
9 
(85) TRANSHIPMENT - REFERS TO THE TRANSFER OF ALL OR ANY 
10 
FISHERY PRODUCT FROM ONE FISHING VESSEL TO ANOTHER. 
II 
[(73)](86) x x x 
12 
(87) UNREGULATED FISHING - REFERS TO FISHING ACTIVITIES IN THE 
13 
AREA OF APPLICATION OF A RELEVANT RFMO CONDUCTED BY VESSELS 
14 
WITHOUT NATIONALITY, OR BY THOSE FLYING THE FLAG OF THE 
15 
PHILIPPINES OR OTHER STATES NOT PARTY TO THAT ORGANIZATION, OR 
16 
BY A FISHING ENTITY, IN A MANNER THAT IS NOT CONSISTENT WITH OR 
17 
CONTRAVENES THE CONSERVATION AND MANAGEMENT MEASURES OF 
18 
THAT ORGANIZATION; OR IN AREAS OR FISH STOCKS IN RELATION TO 
19 
WHICH THERE ARE NO APPLICABLE CONSERVATION AND MANAGEMENT 
20 
MEASURES AND WHERE SUCH FISHING ACTIVITIES ARE CONDUCTED IN A 
21 
MANNER INCONSISTENT WITH THE STATE RESPONSIBILITIES OF THE 
22 
PHILIPPINES FOR THE CONSERVATION OF LIVING MARINE RESOURCES 
23 
UNDER INTERNATIONAL LAW. 
24 
(88) UNREPORTED FISHING - REFERS TO FISHING ACTIVITIES WHICH 
25 
HAVE NOT BEEN REPORTED, OR HAVE BEEN MISREPORTED TO THE 
26 
DEPARTMENT, IN CONTRAVENTION OF NATIONAL LAWS AND REGULATIONS 
27 
OF THE PHILIPPINES; OR UNDERTAKEN IN THE AREA OF COMPETENCE OF A 
28 
RELEVANT RFMO WHICH HAVE NOT BEEN REPORTED OR HAVE BEEN 
29 
MISREPORTED, IN CONTRAVENTION OF THE REPORTING PROCEDURES OF 
8 


THAT ORGANIZATION AND FURTHER ELABORATED BY REGULATIONS TO BE 
2 
PROMULGATED BY THE DEPARTMENT." 
3 
SEC. 4. Section 6 of the same Act is hereby amended, as follows: 
4 
"SEC. 6. Fees and Other Fishery Charges. - The rentals for fishpond areas 
5 
covered by the Fishpond Lease Agreement (FLA) OR OTHER TENURIAL 
6 
INSTRUMENT and license fees for Commercial Fishing [Boat] VESSEL Licenses 
7 
[(CBFL)] (CFVL) shall be set at levels that reflect resource rent accruing from the 
8 
utilization of resources and shall be determined by the Department: Provided, That 
9 
the Department shall also prescribe fees and other fishery charges and issue the 
10 
corresponding license or permit for fishing gear, fishing accessories and other fishery 
1-1 
activities beyond the municipal waters: Provided further, That the license fees of 
12 
fishery activity in municipal waters shall be determined by the Local Government 
13 
Units (LGUs) in consultation with the FARMCs. The FARMCs may also recommend 
14 
the appropriate license fees that will be imposed." 
15 
SEC. 5. Section 7 of the Act is hereby amended, as follows: 
16 
"SEC. 7. Access to Fishery Resources. - The Department shall issue such 
17 
number of licenses and permits for the conduct of fishery activities subject to [the 
18 
limits of the MSY of the resource] HARVEST CONTROL RULES AND REFERENCE 
19 
POINTS as determined by scientific studies or best available evidence. Preference 
20 
shall be given to resource users in the local communities adjacent or nearest to the 
21 
municipal waters." 
22 
SEC. 6. Section 8 of the Act is hereby amended, as follows: 
23 
"SEC.8. [Catch Ceiling Limitations] HARVEST CONTROL RULES AND 
24 
REFERENCE POINTS. - The Secretary may [prescribe limitations or quota on the 
25 
total quantity of fish captured, for a specified period of time and specified area based 
26 
on the best available evidence. Such a catch ceiling may be imposed per species of 
27 
fish whenever necessary and practicable:] ESTABLISH REFERENCE POINTS AND 
28 
HARVEST CONTROL RULES IN A FISHERY MANAGEMENT AREA OR FOR A 
29 
FISHERY: Provided, however, That in muniCipal waters and fishery management 
30 
areas, and waters under the jurisdiction of special agencies, [catch ceilings] 
9 


HARVEST CONTROL RULES AND REFERENCE POINTS may be established upon 
2 
the concurrence and approval or recommendation of such special agency and the 
3 
concerned LGU in consultation with the FARMC for conservation or ecological 
4 
purposes." 
5 
SEC. 7. Section 14 of the Act is hereby amended, as follows 
6 
"SEC. 14. Monitoring, Control and Surveillance (MCS) of FISHING IN ALL 
7 
Philippine Waters AND PHILIPPINE FLAGGED DISTANT WATER FISHING 
8 
VESSELS. - A monitoring, control and surveillance system shall be established by 
9 
the Department in coordination with LGUs, FARMCs, the private sector and other 
10 
agencies concerned to ensure that the fisheries and aquatic resources in Philippine 
11 
waters are judiciously and wisely utilized and managed on a sustainable basis and 
12 
conserved for the benefit and enjoyment exclusively of Filipino citizens. THE MCS 
13 
SYSTEM SHALL ENCOMPASS ALL PHILIPPINE FLAGGED FISHING VESSELS 
14 
REGARDLESS OF FISHING AREA AND FINAL DESTINATION OF CATCH. 
IS 
SEC. 8. Section 30 of the same Act is hereby amended, as follows: 
16 
"SEC. 30. Renewal of Commercial [Boat] FISHING VESSEL License. - The 
17 
commercial fishing [boat] VESSEL license shall be renewed every three (3) years. 
18 
The owner/operator of a fishing vessel has a period of sixty (60) days prior to 
19 
the expiration of the license within which to renew the same." 
20 
SEC. 9. Section 31 of the same Act is hereby amended, as follows: 
21 
"SEC. 31. [Report of] Transfer of Ownership, -
The owner/operator of a 
22 
registered fishing vessel shall notify the Department in writing of [the] ANY 
23 
INTENTION TO transfer [of] the ownership of the vessel [with a copy of such 
24 
document] within ten (10) days [after] BEFORE its INTENDED transfer to another 
25 
person. FAILURE OF THE OWNER TO DO SO SHALL NOT EXTINGUISH ANY 
26 
EXISTING OR PENDING SANCTION OR LIABILITY WITH RESPECT TO SAID 
27 
FISHING VESSEL. 
28 
SEC. 10. Section 32 of the same Act is hereby amended, as follows: 
29 
"SEC. 32. [Fishing by Philippine Commercial Fishing Fleet in International 
30 
Waters] DISTANT WATER FISHING. - Fishing vesselS ·of Philippine registry may 
10 


[operate in international waters or waters of other countries which allow such fishing 
2 
operations] ENGAGE IN DISTANT WATER FISHING AS DEFINED IN THIS CODE: 
3 
Provided, That they comply with the safety, manning and other requirements of the 
4 
Philippine Coast Guard, Maritime Industry Authority and other agencies concerned: 
5 
Provided, however, That they secure [an international] A fishing permit, GEAR 
6 
LICENSE and [certificate of] OTHER clearanceS from the Department: Provided, 
7 
further, That the fish caught by such vessels shall be considered as caught in 
8 
Philippine waters and therefore not subject to all import duties and taxes only when 
9 
the same is landed in duly designated fish landings ahd fish ports in the Philippines: 
10 
Provided, furthermore, That landing ports established by canneries, seafood 
11 
processors and all fish landing sites established prior to the effectivity of this Code 
12 
shall be considered authorized landing sites: Provided, finally, That fishworkers on 
13 
board Philippine registered fishing vessels conducting fishing activities beyond the 
14 
Philippine Exclusive Economic Zone are not considered as overseas Filipino workers. 
15 
DISTANT WATER FISHING VESSELS SHALL COMPLY WITH THE 
16 
MONITORING, 
CONTROL 
AND 
SURVEILLANCE 
REQUIREMENTS, 
17 
CONSERVATION AND MANAGEMENT MEASURES, AND FISHING ACCESS 
18 
CONDITIONS OF THE DEPARTMENT, THE RFMO, OR OTHER COASTAL 
19 
STATES." 
20 
SEC.11. Section 33 of the same Act is hereby amended, as follows: 
21 
"SEC. 33. Importation [of Fishing Vessels or1, Construction of New Fishing 
22 
[Boats] VESSELS AND GEARS AND CONVERSION OF OTHER VESSELS. - Prior 
23 
to the importation [of fishing vessels] and the construction of new fishing vessels 
24 
AND 
GEARS, 
OR THE 
CONVERSION 
INTO A 
FISHING 
VESSEL, 
the 
25 
approval/clearance of the Department must first be obtained IN ORDER TO 
26 
MANAGE FISHING CAPACITY." 
27 
SEC. 12. Section 38 of the same Act is hereby amended, as follows: 
28 
"SEC. 38. Reportorial Requirements. - Each commercial fishing vessel shall 
29 
keep a daily record of fish catch and spoilage, landing points, and quantity and value' 
30 
of fish caught, and off-loaded for transhipment, sale and/or other disposal. Detailed 
11 


information shall be duly certified by the vessel's captain and transmitted monthly to 
2 
the officer or representative of the Department, at the nearest designated landing 
3 
point. FAILURE TO COMPLY SHALL RESULT TO ADMINISTRATIVE AND PENAL 
4 
SANCTIONS." 
5 
SEC. 13. Section 42 of the Act is hereby deleted and replaced with a new Section 42, 
6 
to read as follows: 
7 
"SEC. 
42. 
PORT STATE MEASURES. 
-
THE 
DEPARTMENT 
IS 
8 
AUTHORIZED TO ADOPT PORT STATE MEASURES THAT MUST BE COMPLIED 
9 
WITH BY FOREIGN FISHING VESSELS. THESE MEASURES SHALL INCLUDE: 
10 
PRIOR NOTIFICATION OF PORT ENTRY; USE OF DESIGNATED PORTS; 
11 
RESTRICTIONS ON PORT ENTRY AND LANDING OR TRANSHIPMENT OF FISH; 
12 
RESTRICTIONS 
ON 
SUPPLIES 
AND 
SERVICES; 
CATCH 
AND 
OTHER 
13 
DOCUMENTATION 
REQUIREMENTS; 
PORT INSPECTIONS; 
AND 
OTHER 
14 
RELATED MEASURES. 
15 
TRANSHIPMENT BY PHILIPPINE FLAGGED FISHING VESSELS SHALL 
16 
BE REGULATED BY THE DEPARTMENT IN A MANNER CONSISTENT WITH THE 
17 
PHILIPPINES' 
COMMITMENT 
TO 
CONVENTIONS 
AND 
INTERNATIONAL 
18 
AGREEMENTS." 
19 
SEC. 14. Section 44 of the same Act is hereby amended, as follows: 
20 
"SEC. 44. Use of Superlight OR FISHING LIGHT ATTRACTOR. -
The 
21 
number and [wattage] CANDLE LIGHT POWER OR INTENSITY of superlight AND 
22 
FISHING LIGHT ATTRACTOR used in commercial fishing vessels shall be regulated 
23 
by the Department: Provided, That the use of superlight[s] is banned within municipal 
24 
waters [and bays]. THE USE OF FISHING LIGHT ATTRACTOR IN MUNICIPAL 
25 
WATERS SHALL BE REGULATED BY THE LOCAL GOVERNMENT UNITS." 
26 
SEC. 15. Section 62 of the same Act is hereby amended, as follows: 
27 
"SEC. 
62. 
[Instruments 
of 
Weights 
and Measures, 
and 
Quality· 
28 
Grades/Standards] TRADE-RELA TED MEASURES. -
Standards for weights, 
29 
volume, QUALITY and other measurements for all fishery transactions AND TRADE 
30 
[shall] MAY be set by the Department. 
12 


All fish and fishery products for export, import and domestic consumption shall 
2 
meet the 
quality grades/standards 
AND 
LABELING 
AND 
INFORMATION 
3 
REQUIREMENTS as determined by the Department. 
4 
The LGU concerned shall, by appropriate ordinance, penalize fraudulent 
5 
practices and unlawful possession or use of instrument of weights and measures. 
6 
THE DEPARTMENT MAY PRESCRIBE TRADE-RELATED MEASURES TO 
7 
REDUCE OR ELIMINATE TRADE IN FISH AND FISHERY PRODUCTS DERIVED 
8 
FROM ILLEGAL, UNREGULATED AND UNREPORTED (IUU) FISHING." 
9 
SEC. 16. Section 65 of the same Act is hereby amended, as follows: 
10 
"SEC. 65. Functions of the Bureau of Fisheries and Aquatic Resources. - As a 
11 
line bureau, the BFAR shall have the following functions: 
12 
a. prepare and implement a Comprehensive National Fisheries Industry 
13 
Development Plan; 
14 
x x x 
15 
r. formulate AND ENFORCE rules and regulations for the conservation and 
16 
management of straddling fish stocks, [and] highly migratory fish stocks[;] AND 
17 
THREATENED LIVING MARINE RESOURCES SUCH AS SHARKS, RAYS AND 
18 
LUDONG, INTER ALIA, IN THE PHILIPPINE EXCLUSIVE ECONOMIC ZONE, 
19 
TERRITORIAL SEA, ARCHIPELAGIC AND INTERNAL WATERS; [and] 
20 
S. TRAIN, 
DESIGNATE AND DEPLOY FISHERIES OBSERVERS IN 
21 
PHILIPPINE 
FLAGGED 
FISHING VESSELS 
ENGAGED 
IN 
COMMERCIAL 
22 
FISHING IN PHILIPPINE WATERS OR DISTANT WATER FISHING TO ENSURE 
23 
COMPLIANCE 
WITH 
CONSERVATION 
AND 
MANAGEMENT 
MEASURES 
24 
ADOPTED BY RFMOS AND BY THE DEPARTMENT; 
25 
T. ADOPT AND IMPLEMENT A NATIONAL PLAN OF ACTION TO 
26 
MANAGE FISHING CAPACITY, IMPLEMENT THE INTERNATIONAL CODE OF' 
27 
CONDUCT 
FOR 
RESPONSIBLE 
FISHERIES, 
AND 
DECLARE 
FISHERY 
28 
MANAGEMENT AREAS AS OVER-EXPLOITED IN COORDINATION WITH THE 
29 
LGUS AND FARMCS; 
13 


U.IMPOSE AND COLLECT BONDS, 
FEES 
AND 
CHARGES 
FOR 
2 
LABORATORY 
SERVICES, 
INSPECTION, 
DEPLOYMENT 
OF 
FISHERIES 
3 
OBSERVERS, MONITORING AND SURVEILLANCE OF FISHING VESSELS, 
4 
CATCH DOCUMENTATION AND VALIDATION, AND OTHER SERVICES TAKING 
5 
INTO ACCOUNT THE BALANCE REQUIRED BETWEEN RECOVERING THE 
6 
COSTS OF SERVICES RENDERED AND THE SOCIO·ECONOMIC IMPACT OF 
7 
THEIR IMPOSITION, UPON PRIOR CONSULTATION WITH STAKEHOLDERS; 
8 
V. HEAR AND DECIDE ADMINISTRATIVE CASES BEFORE IT; 
9 
W. DETERMINE THE APPROPRIATE LEVELS OF ADMINISTRATIVE AND 
10 
OTHER SANCTIONS, PARTICULARLY FOR SERIOUS VIOLATIONS, THAT 
11 
DEPRIVE OFFENDERS OF ECONOMIC BENEFITS FROM THEIR VIOLATIONS 
12 
OF THE LAWS, RULES AND REGULATIONS; 
13 
X. INITIATE THE CRIMINAL PROSECUTION OF OFFENSES COMMITTED 
14 
IN VIOLATION OF THIS CODE REGARDLESS OF THEIR SITUS; AND 
15 
[s1 Y. perform such other related functions which shall promote the 
16 
development, conservation, management, protection and utilization of fisheries and 
17 
aquatic resources." 
18 
SEC. 17. Chapter VI of Republic Act No. 8550 is hereby repealed and replaced with a new 
19 
Chapter VI to read as follows: 
20 
"CHAPTER VI 
21 
PROHIBITIONS AND PENALTIES 
22 
SEC. 86. UNAUTHORIZED FISHING. - (AliT SHALL BE UNLAWFUL FOR 
23 
ANY PERSON TO CAPTURE OR GATHER OR TO CAUSE THE CAPTURE OR 
24 
GATHERING OF FISH, FRY OR FINGERLINGS OF ANY FISHERY SPECIES OR 
25 
FISHERY 
PRODUCTS 
WITHOUT 
LICENSE 
OR 
PERMIT 
FROM 
THE 
26 
DEPARTMENT OR LOCAL GOVERNMENT UNIT. EXCEPT IN CASES SPECIFIED 
27 
UNDER THIS CODE, IT SHALL ALSO BE UNLAWFUL FOR ANY COMMERCIAL 
28 
FISHING VESSEL TO FISH IN MUNICIPAL WATERS. 
29 
THE DISCOVERY OF ANY PERSON IN POSSESSION OF A FISHING 
30 
GEAR OR OPERATING A FISHING VESSEL IN A FISHING AREA WHERE HE 
14 


HAS NO LICENSE OR PERMIT SHALL CONSTITUTE A PRIMA FACIE 
2 
PRESUMPTION THAT THE PERSON IS ENGAGED IN UNAUTHORIZED FISHING: 
3 
PROVIDED, THAT FISHING FOR DAILY FOOD SUSTENANCE OR FOR LEISURE 
4 
WHICH IS NOT FOR COMMERCIAL, OCCUPATION OR LIVELIHOOD PURPOSES 
5 
MAY BE ALLOWED. 
6 
THE BOAT CAPTAIN AND THE THREE (3) HIGHEST OFFICERS OF THE 
7 
COMMERCIAL FISHING VESSEL AND THE OWNER OR OPERATOR WHO 
8 
VIOLATE THIS PROVISION SHALL SUFFER A FINE OF: 
9 
(1) FIFTY THOUSAND PESOS (P50,OOO.OO.OO) TO TWO HUNDRED 
10 
THOUSAND PESOS (P200,OOO.OO) OR TWICE THE VALUE OF THE 
II 
CATCH, WHICHEVER IS HIGHER, FOR SMALL·SCALE COMMERCIAL 
12 
FISHING; 
13 
(2) TWO HUNDRED FIFTY THOUSAND PESOS (P250,OOO.OO) TO TWO 
14 
MILLION PESOS (P2,OOO,OOO.OO) OR TWICE THE VALUE OF THE 
15 
CATCH, 
WHICHEVER 
IS 
HIGHER; 
FOR 
MEDIUM·SCALE 
16 
COMMERCIAL FISHING; AND 
17 
(3) TWO MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,OOO.OO) 
18 
TO TEN MILLION PESOS (P10,OOO,OOO.OO) OR TWICE THE VALUE OF 
19 
THE 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
LARGE·SCALE 
20 
COMMERCIAL FISHING. 
21 
THE 
OFFENDER SHALL FURTHER SUFFER THE 
PENALTY OF 
22 
IMPRISONMENT OF SIX (6) MONTHS AND CONFISCATION OF CATCH AND 
23 
GEAR: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT· 
24 
LESS THAN FIFTY PERCENT OF THE MINIMUM PENALTY OF THE FINES 
25 
SPECIFIED ABOVE AND THE CONFISCATION OF CATCH. 
26 
(B) IT SHALL BE UNLAWFUL FOR ANY PERSON NOT LISTED IN THE 
27 
REGISTRY OF MUNICIPAL FISHERFOLK TO ENGAGE IN ANY COMMERCIAL 
28 
FISHING ACTIVITY IN MUNICIPAL WATERS. 
29 
THE OFFENDER OF THIS PROVISION SHALL BE PUNISHED WITH A 
30 
FINE EQUIVALENT TO TWICE THE VALUE OF CATCH OR FIVE THOUSAND 
15 


PESOS (P5,OOO.OO), WHICHEVER IS HIGHER, AND CONFISCATION OF THE 
2 
CATCH AND FISHING GEAR: PROVIDED, THAT IF THE OFFENDER FAILS TO 
3 
PAY THE FINE, HE SHALL RENDER COMMUNITY SERVICE. 
4 
SEC. 87. ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES. - IT 
5 
SHALL BE UNLAWFUL FOR ANY PERSON TO EXPLOIT, OCCUPY, PRODUCE, 
6 
BREED, CULTURE, CONSTRUCT AND OPERATE FISH CORRALS, FISH TRAPS, 
7 
FISH PENS AND FISH CAGES OR FISHPONDS WITHOUT A LICENSE, LEASE 
8 
OR PERMIT. 
9 
THE DISCOVERY OF ANY PERSON ENGAGING IN ANY OF THE ABOVE 
10 
ACTIVITIES WITHOUT A LEASE, LICENSE OR PERMIT SHALL CONSTITUTE A 
II 
PRIMA 
FACIE PRESUMPTION 
THAT 
THE 
PERSON 
IS 
ENGAGED 
IN 
12 
UNAUTHORIZED FISHERIES ACTIVITY. 
13 
THE OWNER OR OPERATOR WHO VIOLATES THIS PROVISION SHALL 
14 
BE PUNISHED WITH A FINE FROM FIFTY THOUSAND PESOS (P50,OOO.OO) TO 
IS 
ONE MILLION PESOS (P1,OOO,OOO.OO) AND IMPRISONMENT OF SIX (6) 
16 
MONTHS AND, IN ADDITION, THE DISMANTLING OR REMOVAL OF THE 
17 
STRUCTURE AT THE EXPENSE OF THE OFFENDER, THE REHABILITATION OF 
18 
THE AREA AFFECTED BY THE ACTIVITY AND CONFISCATION OF STOCKS: 
19 
PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS 
20 
THAN FIFTY PERCENT OF THE MINIMUM PENALTY OF THE FINES SPECIFIED 
21 
ABOVE AND DISMANTLING OF THE STRUCTURE AND CONFISCATION OF 
22 
STOCKS. 
23 
SEC. 88. FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING 
24 
IN DISTANT WATER FISHING. -
(A) IT SHALL BE UNLAWFUL FOR ANY 
25 
PERSON TO FISH IN THE HIGH SEAS, IN THE TERRITORIAL SEAS, 
26 
ARCHIPELAGIC WATERS, AND EXCLUSIVE ECONOMIC ZONES OF OTHER 
27 
STATES USING A PHILIPPINE FLAGGED FISHING VESSEL WITHOUT FIRST 
28 
SECURING 
A 
FISHING 
PERMIT 
FROM 
THE 
DEPARTMENT 
AND 
29 
AUTHORIZATION FROM THE COASTAL STATE. 
16 


THE DISCOVERY OF ANY PERSON IN POSSESSION OF A FISHING 
2 
GEAR OR OPERATING A FISHING VESSEL IN THE ABOVEMENTIONED AREAS 
3 
WITHOUT A FISHING PERMIT FROM THE DEPARTMENT OR AUTHORIZATION 
4 
FROM 
THE 
COASTAL 
STATE 
SHALL 
CONSTITUTE 
A 
PRIMA 
FACIE 
5 
PRESUMPTION THAT THE PERSON IS IN VIOLATION OF THIS PROVISION. 
6 
(B) IT SHALL BE UNLAWFUL FOR AN OWNER OR OPERATOR OF A 
7 
COMMERCIAL 
FISHING 
VESSEL 
TO 
COMMIT 
ACTS 
THAT 
ARE 
IN 
8 
CONTRAVENTION OF THE TERMS AND CONDITIONS STATED IN THE FISHING 
9 
PERMIT OR AS MAY BE PROMULGATED BY THE DEPARTMENT. 
10 
THE OWNER, OPERATOR, AND THE THREE (3) HIGHEST OFFICERS OF 
11 
THE COMMERCIAL FISHING VESSEL WHO VIOLATE THIS SECTION SHALL BE 
12 
PUNISHED WITH IMPRISONMENT OF SIX (6) MONTHS, CONFISCATION OF THE 
13 
CATCH AND GEAR AND A FINE OF: 
14 
(1) FIVE HUNDRED THOUSAND PESOS (p500,OOO.OO) TO ONE MILLION 
15 
PESOS (p1,OOO,OOO.OO) OR TWICE THE VALUE OF THE CATCH, 
16 
WHICHEVER 
IS 
HIGHER, 
FOR 
SMALL-SCALE 
COMMERCIAL 
17 
FISHING; 
18 
19 
20 
21 
(2) ONE MILLION FIVE HUNDRED PESOS (P1,500,OOO.OO) 
TO FIVE 
MILLION PESOS (P5,OOO,OOO.OO) OR TWICE THE VALUE OF THE 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
MEDIUM-SCALE 
COMMERCIAL FISHING; AND 
22 
(3) FIVE MILLION FIVE HUNDRED THOUSAND PESOS (P5,500,OOO.OO) 
23 
TO TEN MILLION PESOS (P10,OOO,OOO.OO) OR TWICE THE VALUE OF 
24 
THE 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
LARGE-SCALE 
25 
COMMERCIAL FISHING. 
26 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
27 
PERCENT OF THE MINIMUM PENALTY OF THE FINES SPECIFIED ABOVE AND 
28 
THE CONFISCATION OF CATCH. 
17 


SEC. 89. UNREPORTED FISHING. - IT SHALL BE UNLAWFUL FOR ANY 
2 
PERSON TO ENGAGE IN UNREPORTED FISHING OR TO FAIL TO COMPLY 
3 
WITH THE REPORTORIAL REQUIREMENTS IN SECTION 38 OF THIS CODE. 
4 
VIOLATION OF THIS SECTION AND THE IMPLEMENTING RULES AND 
5 
REGULATIONS PROMULGATED BY THE DEPARTMENT COMMITTED IN 
6 
PHILIPPINE 
WATERS 
SHALL 
BE 
PUNISHED 
WITH 
SIX (6) 
MONTHS 
7 
IMPRISONMENT AND FINE OF: 
8 
(1) FIVE THOUSAND PESOS (P5,000.00) OR THE VALUE OF THE 
9 
CATCH, 
WHICHEVER IS HIGHER, 
FOR MUNICIPAL FISHING: 
10 
PROVIDED, THAT IF THE OFFENDER FAILS TO PAY THE FINE, HE 
11 
SHALL RENDER COMMUNITY SERVICE; 
12 
(2) TWENTY-FIVE 
THOUSAND 
PESOS 
(P25,000.00) 
TO 
FIFTY 
13 
THOUSAND PESOS (P50,000.00) OR THE VALUE OF THE CATCH, 
14 
WHICHEVER 
IS 
HIGHER, 
FOR 
SMALL-SCALE 
COMMERCIAL 
15 
FISHING; 
16 
(3) SEVENTY-FIVE THOUSAND PESOS (P75,000.00) TO TWO HUNDRED 
17 
THOUSAND PESOS (P200,000.OO) OR THE VALUE OF THE CATCH, 
18 
19 
WHICHEVER IS HIGHER, 
FOR MEDIUM-SCALE COMMERCIAL 
FISHING; AND 
20 
(4) TWO HUNDRED FIFTY THOUSAND PESOS (P250,OOO.00) TO FIVE 
21 
HUNDRED THOUSAND PESOS (500,000.00) OR THE VALUE OF THE 
22 
CATCH, WHICHEVER IS HIGHER, FOR LARGE-SCALE COMMERCIAL 
23 
FISHING. 
24 
THE MAXIMUM PENALTY SHALL BE IMPOSED FOR VIOLATION OF 
25 
THIS SECTION COMMITTED IN WATERS BEYOND NATIONAL JURISDICTION. 
26 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
27 
PERCENT OF THE MINIMUM PENALTY OF THE FINES SPECIFIED ABOVE AND 
28 
THE CONFISCATION OF CATCH. 
18 


SEC. 90. UNREGULATED FISHING. -IT SHALL BE UNLAWFUL FOR ANY 
2 
PERSON TO ENGAGE IN UNREGULATED FISHING IN WATERS WITHIN AND 
3 
BEYOND NATIONAL JURISDICTION. 
4 
THE OWNER, OPERATOR, AND THE THREE (3) HIGHEST OFFICERS OF 
5 
THE COMMERCIAL FISHING VESSEL WHO VIOLATE THIS PROVISION SHALL 
6 
SUFFER IMPRISONMENT OF SIX (6) MONTHS, CONFISCATION OF CATCH AND 
7 
GEAR AND FINE OF: 
8 
(1) FIVE HUNDRED THOUSAND PESOS (P500,OOO.00) TO ONE MILLION 
9 
PESOS (P1,OOO,OOO.OO) OR TWICE THE VALUE OF THE CATCH, 
10 
WHICHEVER 
IS 
HIGHER, 
FOR 
SMALL-SCALE 
COMMERCIAL 
11 
FISHING; 
12 
(2) ONE MILLION FIVE HUNDRED PESOS (P1,500,OOO.00) TO FIVE 
13 
MILLION PESOS (P5,OOO,OOO.OO) OR TWICE THE VALUE OF THE 
14 
15 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
COMMERCIAL FISHING; AND 
FOR 
MEDIUM-SCALE 
16 
(3) FIVE MILLION FIVE HUNDRED THOUSAND PESOS (P5,500,OOO.OO) 
17 
TO TEN MILLION PESOS (P10,OOO,OOO.OO) OR TWICE THE VALUE OF 
18 
THE 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
LARGE-SCALE 
19 
COMMERCIAL FISHING. 
20 
IN 
CASE OF UNREGULATED FISHING COMMITTED IN WATERS 
21 
BEYOND NATIONAL JURISDICTION, THE MAXIMUM PENALTY SHALL BE 
22 
IMPOSED. 
23 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
24 
PERCENT OF THE MINIMUM PENALTY OF THE FINES SPECIFIED ABOVE AND 
25 
THE CONFISCATION OF CATCH. 
26 
SEC. 91. POACHING IN PHILIPPINE WATERS. 
-
IT SHALL BE 
27 
UNLAWFUL FOR ANY FOREIGN PERSON, CORPORATION OR ENTITY TO FISH 
28 
OR OPERATE ANY FISHING VESSEL IN PHILIPPINE WATERS. 
19 


THE ENTRY OF ANY FOREIGN FISHING VESSEL IN PHILIPPINE WATERS 
2 
SHALL CONSTITUTE A PRIMA FACIE PRESUMPTION THAT THE VESSEL IS 
3 
ENGAGED IN FISHING IN PHILIPPINE WATERS. 
4 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
WITH 
5 
CONFISCATION OF CATCH, FISHING EQUIPMENT AND FISHING VESSEL AND 
6 
A FINE OF: 
7 
(1) ONE MILLION PESOS (P1,OOO,OOO.OO) OR TWICE THE VALUE OF THE 
8 
CATCH, WHICHEVER IS HIGHER, FOR SMALL-SCALE COMMERCIAL 
9 
FISHING; 
10 
(2) FIVE MILLION PESOS (P5,OOO,OOO.OO) OR TWICE THE VALUE OF THE 
11 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
MEDIUM-SCALE 
12 
COMMERCIAL FISHING; AND 
13 
(3) TEN MILLION PESOS (P10,OOO,OOO.OO) OR TWICE THE VALUE OF 
14 
THE 
CATCH, 
WHICHEVER 
IS 
HIGHER, 
FOR 
LARGE-SCALE 
15 
COMMERCIAL FISHING. 
16 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
17 
PERCENT OF THE FINES SPECIFIED ABOVE AND THE CONFISCATION OF 
18 
CATCH. 
19 
SEC. 92. FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS 
20 
SUBSTANCE, OR ELECTRICITY. -
(A) IT SHALL BE UNLAWFUL FOR ANY 
21 
PERSON TO CATCH, TAKE OR GATHER OR CAUSE TO BE CAUGHT, TAKEN 
22 
OR GATHERED FISH OR ANY FISHERY SPECIES IN PHILIPPINE WATERS 
23 
WITH THE USE OF EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE 
24 
SUCH AS SODIUM CYANIDE, WHICH WILL KILL, STUPEFY, DISABLE OR 
25 
RENDER UNCONSCIOUS FISH OR FISHERY SPECIES: PROVIDED, THAT THE 
26 
DEPARTMENT, SUBJECT TO SUCH SAFEGUARDS AND CONDITIONS DEEMED . 
27 
NECESSARY AND WITH THE ENDORSEMENT FROM THE CONCERNED LGUS, 
28 
MAY ALLOW, FOR RESEARCH, EDUCATIONAL. OR SCIENTIFIC PURPOSES 
29 
ONLY, THE USE OF POISONOUS OR NOXIOUS SUBSTANCES TO CATCH , 
30 
TAKE OR GATHER FISH OR FISHERY SPECIES: PROVIDED, FURTHER, THAT 
20 


THE USE OF POISONOUS OR NOXIOUS SUBSTANCES TO ERADICATE 
2 
PREDATORS AND PESTS IN FISHPONDS IN ACCORDANCE WITH ACCEPTED 
3 
SCIENTIFIC 
PRACTICES 
AND 
WITHOUT 
CAUSING 
ADVERSE 
4 
ENVIRONMENTAL IMPACT IN NEIGHBORING WATERS AND GROUNDS SHALL 
5 
NOT BE CONSTRUED AS ILLEGAL FISHING. 
6 
THE DISCOVERY OF DYNAMITE, OTHER EXPLOSIVES AND CHEMICAL 
7 
COMPOUNDS WHICH CONTAIN COMBUSTIBLE ELEMENTS, OR NOXIOUS OR 
8 
POISONOUS 
SUBSTANCES, 
OR 
EQUIPMENT 
OR 
DEVICE 
FOR 
9 
ELECTROFISHING IN ANY FISHING VESSEL OR IN THE POSSESSION OF ANY 
10 
FISHERFOLK, OPERATOR, FISHING BOAT OFFICIAL OR FISHWORKER SHALL 
11 
CONSTITUTE A PRIMA FACIE PRESUMPTION THAT ANY OF THESE DEVICES 
12 
WAS USED FOR FISHING IN VIOLATION OF THIS CODE. 
13 
THE DISCOVERY IN ANY FISHING VESSEL OF FISH CAUGHT OR 
14 
KILLED WITH THE 
USE OF EXPLOSIVES, 
NOXIOUS OR POISONOUS 
15 
SUBSTANCES, OR BY ELECTRICITY SHALL CONSTITUTE A PRIMA FACIE 
16 
PRESUMPTION THAT THE FISHERFOLK, OPERATOR, BOAT OFFICIAL OR 
17 
FISHWORKER IS FISHING WITH THE USE THEREOF. 
18 
THE ACTUAL USE OF EXPLOSIVES, NOXIOUS OR POISONOUS 
19 
SUBSTANCES SHALL BE PUNISHED WITH IMPRISONMENT FROM FIVE (5) TO 
20 
TEN (10) YEARS, CONFISCATION OF CATCH, VESSELS AND GEAR, WITHOUT 
21 
PREJUDICE TO THE FILING OF SEPARATE CRIMINAL CASES WHEN THE USE 
22 
OF THE SAME RESULT TO PHYSICAL INJURY OR LOSS OF HUMAN LIFE, AND 
23 
A FINE OF: 
24 
(1) THIRTY THOUSAND PESOS (P30,000.00) FOR MUNICIPAL FISHING; 
25 
(2) THREE HUNDRED THOUSAND PESOS (P300,OOO.OO) FOR SMALL· 
26 
SCALE COMMERCIAL FISHING; 
27 
(3) ONE MILLION FIVE HUNDRED THOUSAND PESOS (P1,500,OOO.OO) 
28 
FOR MEDIUM SCALE COMMERCIAL FISHING; AND 
29 
(4) THREE MILLION PESOS 
(P3,OOO,OOO.OO) 
FOR LARGE SCALE 
30 
COMMERCIAL FISHING. 
21 


THE ACTUAL USE OF ELECTROFISHING DEVICES FOR ILLEGAL 
2 
FISHING SHALL BE PUNISHED WITH IMPRISONMENT OF SIX (6) MONTHS AND 
3 
A FINE OF FIVE THOUSAND PESOS (P5,OOO.OO). 
4 
(B) IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS 
5 
EXPLOSIVES, AND NOXIOUS OR POISONOUS SUBSTANCES FOR ILLEGAL 
6 
FISHING. VIOLATION OF THIS PROVISION SHALL BE PUNISHED WITH 
7 
IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS, AND A FINE OF: 
8 
(1) TEN THOUSAND PESOS (P10,OOO.OO) FOR MUNICIPAL FISHING; 
9 
(2) ONE HUNDRED THOUSAND PESOS (P100,OOO.OO) FOR SMALL· 
10 
SCALE COMMERCIAL FISHING; 
11 
(3) FIVE HUNDRED THOUSAND PESOS (P500,OOO.OO) FOR MEDIUM 
12 
SCALE COMMERCIAL FISHING; AND 
13 
(4) ONE 
MILLION 
PESOS 
(P1,OOO,OOO.OO) 
FOR 
LARGE 
SCALE 
14 
COMMERCIAL FISHING. 
15 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
16 
PERCENT OF THE FINES SPECIFIED ABOVE AND THE CONFISCATION OF 
17 
CATCH, INCLUDING THOSE NOT CAUGHT ILLEGALLY IF CO·MINGLED WITH 
18 
THOSE CAUGHT ILLEGALLY, GEAR, EXPLOSIVES AND NOXIOUS OR 
19 
POISONOUS 
SUBSTANCES, 
OR 
ELECTROFISHING 
DEVICES 
AND 
20 
PARAPHERNALIA. 
21 
SEC. 93. USE OF FINE MESH NET. -
IT SHALL BE UNLAWFUL TO 
22 
ENGAGE IN FISHING USING NETS WITH MESH SMALLER THAN THAT WHICH 
23 
MAY BE DETERMINED BY THE DEPARTMENT: PROVIDED, THAT THE 
24 
PROHIBITION ON THE USE OF FINE MESH NET SHALL NOT APPLY TO THE 
25 
GATHERING OF FRY, GLASS EELS, ELVERS, TABIOS, AND ALAMANG AND 
26 
OTHER SPECIES THAT BY THEIR NATURE ARE SMALL BUT ALREADY 
27 
MATURE, AS IDENTIFIED IN THE IMPLEMENTING RULES AND REGULATIONS 
28 
BY THE DEPARTMENT. 
22 


THE DISCOVERY OF A FINE MESH NET IN A FISHING VESSEL SHALL 
2 
CONSTITUTE A PRIMA FACIE PRESUMPTION THAT THE PERSON OR FISHING 
3 
VESSEL IS ENGAGED IN FISHING WITH THE USE OF FINE MESH NET. 
4 
VIOLATION OF THIS PROVISION SHALL SUBJECT THE OFFENDER TO 
5 
IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS AND A FINE FROM 
6 
FIFTY THOUSAND PESOS (PSO,OOO.OO) TO TWO HUNDRED THOUSAND PESOS 
7 
(P200,OOO.OO): PROVIDED, THAT IF THE OFFENSE IS COMMITTED BY A 
8 
MUNICIPAL FISHERFOLK, THE PENALTY OF COMMUNITY SERVICE SHALL BE 
9 
IMPOSED IN CASE OF FAILURE TO PAY THE FINE: PROVIDED, FURTHER, 
10 
THAT IF THE OFFENSE IS COMMITTED WITH THE USE OF A COMMERCIAL 
11 
FISHING VESSEL, THE OWNER OR OPERATOR, THE CAPTAIN AND MASTER 
12 
FISHERMAN SHALL BE SUBJECT TO THE PENALTIES: PROVIDED, FINALLY, 
13 
THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
14 
PERCENT 
OF 
THE 
MINIMUM 
PENALTY 
SPECIFIED 
ABOVE 
AND 
15 
CONFISCATION OF CATCH AND GEAR. 
16 
SEC. 94. FISHING IN OVEREXPLOITED FISHERY MANAGEMENT 
17. 
AREAS. - IT SHALL BE UNLAWFUL FOR ANY PERSON TO FISH IN FISHERY 
18 
MANAGEMENT AREAS DECLARED AS OVEREXPLOITED. 
19 
VIOLATION OF THIS PROVISION SHALL SUBJECT THE OFFENDER TO 
20 
IMPRISONMENT OF SIX (6) MONTHS AND ONE (1) DAY TO SIX (6) YEARS AND 
21 
A FINE OF: 
22 
(1) THREE (3) TIMES THE VALUE OF CATCH OR TWENTY THOUSAND 
23 
PESOS (P20,OOO.OO) WHICHEVER IS HIGHER, FOR MUNICIPAL 
24 
FISHING: PROVIDED, THAT IF THE OFFENDER FAILS TO PAY THE 
25 
FINE, HE SHALL RENDER COMMUNITY SERVICE; 
26 
(2) THREE (3) TIMES THE VALUE OF CATCH OR ONE HUNDRED 
27 
THOUSAND PESOS (P100,OOO.OO), WHICHEVER IS HIGHER, FOR 
28 
SMALL-SCALE COMMERCIAL FISHING; 
23 


(3) THREE (3) TIMES THE VALUE OF CATCH OR THREE HUNDRED 
2 
THOUSAND PESOS (P300,OOO.OO), WHICHEVER IS HIGHER, FOR 
3 
MEDIUM-SCALE COMMERCIAL FISHING; AND 
4 
(4) THREE (3) TIMES THE VALUE OF CATCH OR FIVE HUNDRED 
5 
THOUSAND PESOS (P500,OOO.OO), WHICHEVER IS HIGHER, FOR 
6 
LARGE-SCALE COMMERCIAL FISHING. 
7 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
8 
PERCENT 
OF 
THE 
PENALTY 
SPECIFIED 
ABOVE 
IN 
ADDITION 
TO 
9 
CONFISCATION OF CATCH AND GEAR. 
10 
SEC. 95. USE OF ACTIVE GEAR IN MUNICIPAL WATERS. - IT SHALL BE 
11 
UNLAWFUL TO ENGAGE IN FISHING IN MUNICIPAL WATERS USING ACTIVE 
12 
FISHING GEARS AS DEFINED IN THIS CODE. 
13 
VIOLATION OF THIS PROVISION SHALL SUBJECT THE OFFENDER, 
14 
THE BOAT CAPTAIN AND MASTER FISHERMAN TO IMPRISONMENT FROM 
15 
TWO (2) TO SIX (6) YEARS AND THE OWNER OR OPERATOR OF THE FISHING 
16 
VESSEL TO A FINE OF TEN THOUSAND PESOS (P10,OOO.OO) FOR MUNICIPAL 
17 
FISHING; 
FIFTY 
THOUSAND 
PESOS 
(P50,OOO.OO) 
FOR 
SMALL-SCALE 
18 
COMMERCIAL FISHING; TWO HUNDRED THOUSAND PESOS (P200,OOO.OO) 
19 
FOR 
MEDIUM-SCALE 
COMMERCIAL 
FISHING; 
AND 
FIVE 
HUNDRED 
. 20 
THOUSAND PESOS (P500,OOO.OO) FOR LARGE-SCALE COMMERCIAL FISHING: 
21 
PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS 
22 
THAN FIFTY PERCENT OF THE FINES SPECIFIED ABOVE AND CONFISCATION 
23 
OF CATCH AND GEAR. 
24 
SEC. 96. BAN ON CORAL EXPLOITATION AND EXPORTATION. -
IT 
25 
SHALL BE UNLAWFUL FOR ANY PERSON OR CORPORATION TO GATHER, 
26 
POSSESS, COMMERCIALLY TRANSPORT, SELL OR· EXPORT ORDINARY, 
27 
SEMI-PRECIOUS 
AND 
PRECIOUS 
CORALS, 
WHETHER 
RAW 
OR 
IN 
28 
PROCESSED FORM, EXCEPT FOR SCIENTIFIC OR RESEARCH PURPOSES. IT 
29 
SHALL ALSO BE UNLAWFUL FOR ANY PERSON, CORPORATION OR ENTITY 
30 
TO COMMIT ANY ACTIVITY THAT DAMAGE CORAL REEFS. 
24 


VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
2 
IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF 
3 
EIGHT (8) TIMES THE VALUE OF THE CORALS GATHERED, POSSESSED, 
4 
COMMERCIALLY TRANSPORTED, SOLD, 
OR EXPORTED, OR TWENTY 
5 
THOUSAND PESOS (P20,OOO.OO) TO FIVE HUNDRED THOUSAND PESOS 
6 
(P500,OOO.OO), WHICHEVER IS HIGHER, AND FORFEITURE OF THE SUBJECT 
7 
CORALS. 
8 
IN ADDITION, THE OFFENDER SHALL BE .REQUIRED TO PAY THE 
9 
COST OF RESTORATION OF THE DAMAGED CORAL REEFS BASED ON 
10 
AVAILABLE STUDIES AND AS DETERMINED BY THE DEPARTMENT. 
II 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
12 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF THE SUBJECT 
13 
CORALS AND COST FOR RESTORATION OF THE DAMAGED CORAL REEFS. 
14 
SEC. 
97. 
BAN ON MURO-AMI, 
OTHER METHODS AND GEAR 
15 
DESTRUCTIVE TO CORAL REEFS AND OTHER MARINE HABITAT. -
(A) IT 
16 
SHALL BE UNLAWFUL FOR ANY PERSON, NATURAL OR JURIDICAL, TO FISH 
17 
WITH GEAR OR METHOD THAT DESTROYS CORAL REEFS, SEAGRASS BEDS, 
18 
AND OTHER FISHERY MARINE LIFE HABITAT AS MAY BE DETERMINED BY 
19 
THE DEPARTMENT. 'MURO-AMI' AND ANY OF ITS VARIATION, AND SUCH 
20 
SIMILAR GEARS AND METHODS THAT REQUIRE DIVING, OTHER PHYSICAL 
21 
OR MECHANICAL ACTS TO POUND THE CORAL REEFS AND OTHER HABITAT 
22 
TO ENTRAP, GATHER OR CATCH FISH AND OTHER FISHERY SPECIES ARE 
23 
ALSO PROHIBITED. 
24 
THE OWNER, OPERATOR, BOAT CAPTAIN, MASTER FISHERMAN, AND 
25 
RECRUITER OR ORGANIZER OF FISHWORKERS WHO VIOLATE THIS 
26 
PROVISION SHALL SUFFER THE PENALTY OF TWO (2) YEARS TO TEN (10) 
27 
YEARS IMPRISONMENT AND A FINE OF FIVE (5) TIMES THE VALUE OF THE 
28 
FISH CAUGHT OR TWO MILLION PESOS (P2,OOO,OOO.OO), WHICHEVER IS 
29 
HIGHER, AND CONFISCATION OF CATCH AND GEAR. THE FISHWORKERS . 
30 
WHO SERVE AS POUNDERS SHALL SUFFER THE PENALTY OF FINE OF 
25 


TWENTY THOUSAND PESOS (P20,OOO.OO) OR COMMUNITY SERVICE IN CASE 
2 
OF FAILURE TO PAY THE FINE. 
3 
(B) EXCEPT IN CASES ALLOWED BY LAW, IT SHALL BE UNLAWFUL 
4 
FOR ANY PERSON, NATURAL OR JURIDICAL, TO GATHER, POSSESS, 
5 
COMMERCIALLY TRANSPORT, SELL OR EXPORT CORAL SAND, CORAL 
6 
FRAGMENTS, CORAL ROCKS, SILICA, AND ANY OTHER SUBSTANCES 
7 
WHICH MAKE UP ANY MARINE HABITAT. 
8 
THE PERSON OR CORPORATION WHO VIOLATES THIS PROVISION 
9 
SHALL SUFFER A PENALTY OF TWO (2) YEARS TO TEN (10) YEARS 
10 
IMPRISONMENT AND A FINE OF TEN THOUSAND PESOS (P10,OOO.OO) OR FIVE 
11 
(5) TIMES THE VALUE OF THE CORAL ROCKS, SAND, OR SILICA GATHERED, 
12 
POSSESSED, 
COMMERCIALLY TRANSPORTED, 
SOLD, 
OR EXPORTED, 
13 
WHICHEVER IS HIGHER, AND CONFISCATION OF THE SUBSTANCE. 
14 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
15 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF CATCH OR 
16 
SUBSTANCES AND EQUIPMENT OR GEAR USED. 
17 
SEC. 98. 
ILLEGAL USE OF SUPERLIGHTS OR FISHING LIGHT 
18 
ATTTRACTOR. -IT SHALL BE UNLAWFUL TO ENGAGE IN FISHING WITH THE 
19 
USE OF SUPERLIGHT IN MUNICIPAL WATERS, OR TO FISH WITH FISHING 
20 
LIGHT ATTRACTOR USING CANDLELIGHT POWER OR INTENSITY BEYOND 
21 
THE STANDARDS SET BY THE DEPARTMENT IN CONSULTATION WITH THE 
22 
LGUS FOR FISHING IN MUNICIPAL WATERS, OR IN VIOLATION OF THE 
23 
RULES PROMULGATED BY THE DEPARTMENT FOR FISHING WITH THE USE 
24 
OF SUPERLIGHT OR FISHING LIGHT ATTRACTOR OUTSIDE MUNICIPAL 
25 
WATERS. 
26 
VIOLATION OF THIS PROVISION OR ITS RULES AND REGULATIONS 
27 
SHALL BE PUNISHED BY IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) 
28 
YEARS AND A FINE OF TWENTY THOUSAND PESOS (P20,000.00) PER 
29 
SUPERLIGHT OR FISHING LIGHT ATTRACTOR, AND CONFISCATION OF 
30 
CATCH, 
SUPERLIGHT OR FISHING LIGHT ATTRACTOR AND GEARS: 
26 


PROVIDED, THAT IF THE OFFENDER IS A MUNICIPAL FISHERFOLK, HE MAY 
2 
RENDER COMMUNITY SERVICE IN LIEU OF FINE OR IMPRISONMENT: 
3 
PROVIDED, FURTHER, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT 
4 
LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE AND 
5 
CONFISCATION OF SUPERLIGHT OR FISHING LIGHT ATTRACTOR, CATCH 
6 
AND GEARS. 
7 
SEC. 99. CONVERSION OF MANGROVES. - IT SHALL BE UNLAWFUL 
8 
FOR ANY PERSON TO CONVERT MANGROVES INTO FISHPONDS OR FOR 
9 
ANY OTHER PURPOSE. 
10 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
11 
IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS 
12 
AND A FINE OF ONE HUNDRED THOUSAND PESOS (P100,000.00) OR THE 
13 
VALUE OF MANGROVES CONVERTED BASED ON AVAILABLE STUDIES, 
14 
WHICHEVER IS HIGHER. 
15 
IN ADDITION, THE OFFENDER SHALL BE REQUIRED TO PAY THE 
16 
COST OF RESTORATION OF THE DAMAGED MANGROVES BASED ON 
17 
AVAILABLE STUDIES AND AS DETERMINED BY THE DEPARTMENT. 
18 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
19 
PERCENT 
OF 
THE 
FINE 
SPECIFIED 
ABOVE 
AND 
THE 
COST 
OF 
20 
RESTORATION. 
21 
SEC. 100. FISHING DURING CLOSED SEASON. -
IT SHALL BE 
22 
UNLAWFUL TO FISH DURING CLOSED SEASON. 
23 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
24 
IMPRISONMENT OF SIX (6) MONTHS AND ONE (1) DAY TO SIX (6) YEARS AND 
25 
A FINE OF: 
26 
(1) TWENTY THOUSAND PESOS (P20,000.00) OR TWICE THE VALUE OF 
27 
CATCH 
FOR 
MUNICIPAL FISHING, 
WHICHEVER 
IS 
HIGHER: 
28 
PROVIDED, THAT IF THE OFFENDER FAILS TO PAY THE FINE, 
29 
COMMUNITY SERVICE SHALL BE RENDERED; 
27 


(2) ONE HUNDRED THOUSAND PESOS (P100,000.00) OR TWICE THE 
2 
VALUE OF CATCH, WHICHEVER IS HIGHER, FOR SMALL·SCALE 
3 
COMMERCIAL FISHING; 
4 
(3) THREE HUNDRED THOUSAND PESOS (P300,OOO.OO) OR TWICE THE 
5 
VALUE OF CATCH, WHICHEVER IS HIGHER, FOR MEDIUM-SCALE 
6 
COMMERCIAL FISHING; AND 
7 
(4) FIVE HUNDRED THOUSAND PESOS (P500,OOO.00) OR TWICE THE 
8 
VALUE OF CATCH, WHICHEVER IS HIGHER, FOR LARGE-SCALE 
9 
COMMERCIAL FISHING. 
10 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
11 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF CATCH 
12 
AND GEAR. 
13 
SEC. 
101. FISHING IN 
MARINE PROTECTED AREAS, 
FISHERY 
14 
RESERVES, REFUGE AND SANCTUARIES. -IT SHALL BE UNLAWFUL TO FISH 
15 
IN MARINE PROTECTED AREAS, FISHERY AREAS DECLARED BY THE 
16 
DEPARTMENT OR THE LGUS AS FISHERY RESERVES, REFUGE ANDIOR 
17 
SANCTUARIES. 
18 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
19 
IMPRISONMENT OF TWO (2) YEARS TO SIX (6) YEARS AND A FINE OF: 
20 
(1) TWENTY THOUSAND PESOS (P20,OOO.00) OR TWICE THE VALUE OF 
21 
CATCH, WHICHEVER IS 
HIGHER, 
FOR MUNICIPAL FISHING:. 
22 
PROVIDED, THAT IF THE OFFENDER FAILS TO PAY THE FINE, 
23 
COMMUNITY SERVICE SHALL BE RENDERED; 
24 
(2) TWO HUNDRED THOUSAND PESOS (P200,000.OO) OR TWICE THE 
25 
VALUE OF CATCH, WHICHEVER IS HIGHER, FOR SMALL-SCALE 
26 
COMMERCIAL FISHING; 
27 
(3) SIX HUNDRED THOUSAND PESOS (P600,OOO.OO) OR TWICE THE 
28 
VALUE OF CATCH, WHICHEVER IS HIGHER, FOR MEDIUM-SCALE 
29 
COMMERCIAL FISHING; AND 
28 . 


(4) ONE MILLION PESOS (P1,000,000.00) OR TWICE THE VALUE OF 
2 
CATCH, WHICHEVER IS HIGHER. FOR LARGE-SCALE COMMERCIAL 
3 
FISHING. 
4 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
5 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF CATCH 
6 
AND GEAR. 
7 
SEC. 
102. 
FISHING 
OR 
TAKING 
OF RARE, 
THREATENED 
OR 
8 
ENDANGERED SPECIES. - (A) IT SHALL BE UNLAWFUL TO FISH OR TAKE, 
9 
CATCH, GATHER, SELL, PURCHASE, POSSESS, TRANSPORT, EXPORT, 
10 
FORWARD OR SHIP OUT RARE, THREATENED OR ENDANGERED AQUATIC 
11 
SPECIES LISTED IN APPENDICES ONE (I) AND TWO (II) OF THE CONVENTION 
12 
ON THE INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA 
13 
AND FAUNA (CITES) AND AS DETERMINED BY THE DEPARTMENT. 
14 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
15 
IMPRISONMENT OF TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20) 
16 
YEARS AND A FINE OF TWENTY THOUSAND PESOS (P20,OOO.00) TO FIVE 
17 
HUNDRED THOUSAND PESOS (P500,000.00) OR THREE (3) TIMES THE VALUE 
18 
OF THE SPECIES, WHICHEVER IS HIGHER, FORFEITURE OF THE SPECIES 
19 
AND CANCELLATION OF THE FISHING PERMIT. 
20 
THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS 
21 
FOR THE TAKING, CATCHING, GATHERING AND CULT\JRE OF RARE, 
22 
THREATENED OR ENDANGERED AQUATIC SPECIES LISTED IN CITES 
23 
APPENDIX II. 
24 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
25 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF THE 
26 
SPECIES. 
27 
SEC. 103. CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS. 
28 
-IT SHALL BE UNLAWFUL FOR ANY PERSON TO CATCH, GATHER, CAPTURE 
29 
OR POSSESS MATURE MILKFISH OR 'SABALO' AND OTHER BREEDERS OR 
30 
SPAWNERS OF OTHER FISHERY SPECIES AS MAY BE DETERMINED BY THE 
29 


DEPARTMENT: PROVIDED, THAT CATCHING OF 'SABALO' AND OTHER 
2 
BREEDERSISPAWNERS FOR LOCAL BREEDING PURPOSES OR SCIENTIFIC 
3 
OR RESEARCH PURPOSES MAY BE ALLOWED SUBJECT TO GUIDELINES 
4 
THAT SHALL BE PROMULGATED BY THE DEPARTMENT. 
s 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
6 
IMPRISONMENT OF SIX (6) MONTHS AND ONE (1) DAY TO EIGHT (8) YEARS 
7 
AND A FINE OF THREE TIMES THE VALUE OF THE SPECIES OR EIGHTY 
8 
THOUSAND PESOS (P80,000.00) WHICHEVER IS HIGHER, FORFEITURE OF 
9 
THE CATCH AND FISHING EQUIPMENT USED, AND REVOCATION OF 
10 
LICENSE. 
11 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
12 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF THE SPECIES 
13 
AND FISHING EQUIPMENT USED, AND SUSPENSION OR REVOCATION OF 
14 
LICENSE. 
15 
SEC. 104. EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY.-
16 
EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY AS PROHIBITED 
17 
IN THIS CODE SHALL BE PUNISHED BY IMPRISONMENT OF EIGHT (8) YEARS, 
18 
CONFISCATION OF THE SAME AND FINE OF EIGHTY THOUSAND PESOS , 
19 
(P80,OOO.00) OR THREE TIMES THE VALUE OF THE SAME, WHICHEVER IS 
20 
HIGHER, AND REVOCATION OF THE FISHING AND EXPORT LICENSE OR 
21 
PERMIT: PROVIDED, THAT THE EXPORT OF HATCHERY-BRED OR CAPTIVE-
22 
BRED BREEDER, SPAWNER, EGG OR FRY, MAY BE ALLOWED SUBJECT TO 
23 
THE REGULATIONS TO BE PROMULGATED BY THE DEPARTMENT. 
24 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
25 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF THE 
26 
SPECIES. 
27 
SEC. 105. IMPORTATION OR EXPORTATION OF FISH OR FISHERY 
28 
SPECIES. -
ANY IMPORTATION OR EXPORTATION OF FISH OR FISHERY 
29 
SPECIES IN VIOLATION OF THIS CODE SHALL BE UNLAWFUL. 
30 


FAILURE ON THE PART OF THE SHIPPING OR FORWARDING 
2 
COMPANY FROM WHOSE POSSESSION THE FISH OR FISHERY SPECIES 
3 
IMPORTED OR EXPORTED ARE DISCOVERED OR SEIZED TO FULLY 
4 
COOPERATE 
IN 
THE 
INVESTIGATION 
CONDUCTED 
BY 
CONCERNED 
5 
GOVERNMENT AUTHORITIES SHALL CREATE A PRESUMPTION THAT THERE 
6 
IS CONNIVANCE OR CONSPIRACY BETWEEN THE SHIPPING COMPANY AND 
7 
THE SHIPPER TO PERPETRATE THE AFOREMENTIONED OFFENSE. 
8 
VIOLATION OF THIS PROVISION SHALL BE PUNISHED BY EIGHT (8) 
9 
YEARS OF IMPRISONMENT AND FINE OF FIVE HUNDRED THOUSAND PESOS 
10 
(P500,000.00) OR FIVE (5) TIMES THE VALUE OF THE SPECIES, WHICHEVER IS 
II 
HIGHER, AND FORFEITURE ANDIOR DESTRUCTION OF THE SPECIES, 
12 
PROVIDED,THAT OFFENDERS SHALL BE BANNED FROM BEING MEMBERS 
\3 
OR STOCKHOLDERS OF COMPANIES CURRENTLY ENGAGED IN FISHERIES 
14 
OR COMPANIES TO BE CREATED IN THE FUTURE,THE GUIDELINES FOR 
15 
WHICH SHALL BE PROMULGATED BY THE DEPARTMENT. 
16 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
17 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF THE 
18 
SPECIES. 
19 
SEC. 106. VIOLATION OF HARVEST CONTROL RULES. - IT SHALL BE 
20 
UNLAWFUL FOR ANY PERSON TO FISH IN VIOLATION OF HARVEST 
21 
CONTROL RULES AS DETERMINED BY THE DEPARTMENT. 
22 
VIOLATION OF THE RULES AND REGULATIONS, OR PROVISIONS 
23 
THEREOF, SHALL BE PUNISHED BY IMPRISONMENT OF SIX (6) MONTHS AND 
24 
ONE (1) DAY TO SIX (6) YEARS AND A FINE OF: 
25 
(1) TWENTY THOUSAND PESOS (P20,000.00) OR TWICE THE VALUE OF 
26 
CATCH, 
WHICHEVER IS HIGHER, 
FOR MUNICIPAL FISHING: 
27 
PROVIDED, THAT IF THE OFFENDER FAILS TO PAY THE FINE, , 
28 
COMMUNITY SERVICE SHALL BE RENDERED; 
29 
(2) FIFTY 
THOUSAND 
PESOS 
(P50,000.00) 
TO 
ONE 
HUNDRED 
30 
THOUSAND PESOS (P100,000.OO) OR TWICE THE VALUE OF THE 
31 


2 
3 
4 
5 
6 
7 
8 
9 
10 
CATCH, WHICHEVER IS HIGHER, FOR SMALL-SCALE COMMERCIAL 
FISHING; 
(3) ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) TO ONE 
MILLION PESOS (P1,OOO,OOO.OO), OR TWICE THE VALUE OF THE 
CATCH 
WHICHEVER 
IS 
HIGHER 
FOR 
MEDIUM-SCALE 
COMMERCIAL FISHING; AND 
(4) ONE MILLION ONE HUNDRED THOUSAND PESOS (P1,100,000.00) 
TO FIVE MILLION PESOS (P5,OOO,OOO.00), OR TWICE THE VALUE OF 
THE CATCH, WHICHEVER IS HIGHER, 
FOR LARGE-SCALE 
COMMERCIAL FISHING. 
\1 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
12 
PERCENT OF THE FINE SPECIFIED ABOVE AND CONFISCATION OF THE 
13 
CATCH. 
14 
SEC. 107. AQUATIC POLLUTION. - AQUATIC POLLUTION, AS DEFINED 
15 
IN THIS CODE, SHALL BE UNLAWFUL. 
16 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
17 
IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS 
18 
AND A FINE OF THREE HUNDRED THOUSAND PESOS (P300,000.00) TO FIVE 
19 
HUNDRED THOUSAND PESOS (P500,OOO.00) PLUS AN ADDITIONAL FINE OF 
20 
FIFTEEN THOUSAND PESOS (P15,000.00) PER DAY UNTIL THE VIOLATION 
21 
CEASES AND THE FINES ARE PAID, THE IMPOSITION OF CEASE AND DESIST 
22 
ORDER, 
CLOSURE 
OR 
SUSPENSION 
OF 
THE 
DEVELOPMENT, 
23 
CONSTRUCTION OR FACILITY, OR CESSATION OF OPERATIONS, OR 
24 
DISCONNECTION OF WATER SUPPLY. THE ORDER MAY BE ISSUED EX 
25 
PARTE PENDING RESOLUTION OF THE CASE. 
26 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
27 
PERCENT OF THE FINE SPECIFIED ABOVE AND COST OF RESTORATION AND 
28 
CLEAN-UP OF THE DAMAGED AREA. 
29 
SEC. 108. FAILURE TO COMPL Y WITH MINIMUM SAFETY STANDARDS. 
30 
- THE OWNER AND CAPTAIN OF A COMMERCIAL FISHING VESSEL ENGAGED 
32 


IN FISHING WHO, UPON DEMAND BY PROPER AUTHORITIES, FAILS TO 
2 
EXHIBIT OR SHOW PROOF OF COMPLIANCE WITH THE SAFETY STANDARDS 
3 
PROVIDED IN THIS CODE SHALL BE SUBJECTED TO THE PENALTIES OF 
4 
IMPRISONMENT FROM ONE (1) MONTH AND ONE (1) DAY TO SIX (6) MONTHS 
5 
AND A FINE OF ONE HUNDRED THOUSAND PESOS (P100,000.00): PROVIDED, 
6 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY PERCENT 
7 
OF THE FINE SPECIFIED ABOVE AND SUSPENSION OR CANCELLATION OF 
8 
PERMIT OR LICENSE AND IMPOUNDMENT OF THE VESSEL UNTIL THE 
9 
SAFETY STANDARD HAS BEEN COMPLIED WITH. 
10 
UPON APPREHENSION, THE OWNER AND CAPTAIN SHALL BE 
11 
ESCORTED TO THE NEAREST PORT OR LANDING POINT AND PREVENTED 
12 
FROM CONTINUING WITH THE FISHING ACTIVITY. 
13 
SEC. 109. 
FAILURE TO SUBMIT A 
YEARL Y REPORT ON ALL 
14 
FISHPONDS, FISH PENS AND FISH CAGES. - IT SHALL BE UNLAWFUL FOR 
15 
OWNERS AND OPERATORS OF FISHPONDS, FISH PENS AND FISH CAGES TO 
16 
FAIL TO SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT PURSUANT TO 
17 
SECTION 57 OF THIS CODE. 
18 
THE OWNER OF THE FISHPOND, FISH PEN OR FISH CAGE SHALL BE 
19 
IMPOSED A PENALTY OF FINE OF FIVE THOUSAND PESOS (P5,000.00) PER 
20 
UNREPORTED HECTARE. IN CASE THE FISHPOND IS COVERED BY FLA, 
21 
NONSUBMISSION OF A REPORT FOR TWO (2) CONSECUTIVE YEARS SHALL 
22 
RESULT TO ITS CANCELLATION: PROVIDED, THAT THE DEPARTMENT MAY 
23 
IMPOSE A FINE OF NOT LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED 
24 
ABOVE AND/OR CANCELLATION OF THE FLA. 
25 
SEC. 110. GATHERING AND MARKETING OF SHELL FISHES OR OTHER 
26 
AQUATIC SPECIES. -
IT SHALL BE UNLAWFUL FOR ANY PERSON TO 
27 
GATHER, TAKE, SELL, TRANSFER, POSSESS, COMMERCIALLY TRANSPORT, 
28 
EXPORT, FORWARD OR SHIP OUT ANY SEXUALLY IMMATURE SHELL FISH 
29 
OR OTHER AQUATIC SPECIES IDENTIFIED BY THE DEPARTMENT, BELOW 
30 
THE MINIMUM SIZE, OR ABOVE THE MAXIMUM QUANTITIES PRESCRIBED 
33 


FOR THE SPECIES. OTHER PARAMETERS FOR THE PROTECTION OF 
2 
HEAVILY TRADED AQUATIC SPECIES SHALL BE ADOPTED BY THE 
3 
DEPARTMENT. 
4 
VIOLATION 
OF 
THIS 
SECTION 
SHALL 
BE 
PUNISHED 
BY 
5 
IMPRISONMENT FROM ONE (1) MONTH AND ONE (1) DAY TO SIX (6) MONTHS 
6 
AND 
A FINE EQUIVALENT TO THE VALUE OF 
THE 
SPECIES AND 
7 
CONFISCATION OF THE SAME: PROVIDED, THAT THE DEPARTMENT MAY 
8 
IMPOSE A FINE OF NOT LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED 
9 
ABOVE AND CONFISCATION OF THE SPECIES. 
10 
SEC. 111. OBSTRUCTION TO NAVIGATION OR FLOW OR EBB OF TIDE 
II 
IN ANY STREAM, RIVER, LAKE OR BA Y. - IT SHALL BE UNLAWFUL FOR ANY 
12 
PERSON TO CAUSE OBSTRUCTION TO NAVIGATION OR FLOW OR EBB OF 
13 
TIDE. 
14 
VIOLATION 
OF 
THIS 
SECTION 
SHALL 
BE 
PUNISHED 
BY 
15 
IMPRISONMENT FROM ONE (1) MONTH AND ONE (1) DAY TO SIX (6) MONTHS 
16 
AND A FINE OF TWO HUNDRED THOUSAND PESOS (P200,OOO.OO). THE 
17 
OBSTRUCTION, FISH CORRALS/TRAPS, FISH PENS OR FISH CAGES SHALL 
18 
BE DISMANTLED AT THE EXPENSE OF THE VIOLATOR.. 
19 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
20 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF STOCKS AND 
21 
DISMANTLING OF THE OBSTRUCTION, FISH CORRALS/TRAPS, FISH PENS OR 
22 
FISH CAGES AT THE EXPENSE OF THE VIOLATOR. 
23 
SEC. 112. NONCOMPLIANCE WITH GOOD AQUACULTURE PRACTICES. 
24 
- FISHERY OPERATIONS INVOLVING THE BREEDING AND FARMING OF FISH 
25 
AND OTHER FISHERY SPECIES SHALL COMPLY WITH GOOD AQUACULTURE 
26 
PRACTICES AND THE GUIDELINES FOR ENVIRONMENTALL Y·SOUND DESIGN 
27 
AND 
OPERATION 
FOR 
THE 
SUSTAINABLE 
DEVELOPMENT 
OF 
THE 
28 
AQUACULTURE INDUSTRY WHICH SHALL BE PROMULGATED BY THE 
29 
DEPARTMENT. 
34 


VIOLATION OF THE RULES AND REGULATIONS, OR PROVISIONS 
2 
THEREOF, MAY BE PUNISHED BY IMPRISONMENT OF THREE (3) YEARS AND 
3 
FINE OF TEN THOUSAND PESOS (P10,OOO.OO) TO ONE HUNDRED THOUSAND 
4 
PESOS (P100,OOO.OO) PER DAY UNTIL THE VIOLATION CEASES AND THE 
5 
FINES ARE PAID: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE 
6 
OF NOT LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE. 
7 
SEC. 113. COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING 
8 
UNLICENSED F/SHERFOLK, FISH WORKER OR CREW. - (A) THE OWNER OR 
9 
OPERATOR OF A COMMERCIAL FISHING VESSEL EMPLOYING UNLICENSED 
10 
FISHERFOLK OR 
FISHWORKER OR CREW 
SHALL BE 
FINED FOUR 
11 
THOUSAND PESOS (P4,OOO.OO) FOR EACH UNLICENSED FISHERFOLK OR 
12 
FISHWORKER OR CREW AND SUSPENSION OR REVOCATION OF LICENSE 
13 
FOR COMMERCIAL FISHING. 
14 
(B) IT SHALL LIKEWISE BE UNLAWFUL FOR PHILIPPINE FLAGGED 
15 
FISHING VESSELS ENGAGED IN DISTANT WATER FISHING TO EMPLOY 
16 
UNLICENSED FISHERFOLK OR FISHWORKER OR CREW. THE OWNER AND 
17 
OPERATOR OF THE DISTANT WATER FISHING VESSEL SHALL BE FINED 
18 
19 
FORTY 
THOUSAND 
PESOS 
FISHERFOLK, 
FISHWORKER 
20 
CANCELLATION OF LICENSE. 
(P40,OOO.OO) 
OR 
CREW 
FOR 
AND 
EACH 
UNLICENSED 
SUSPENSION 
OR 
21 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY, 
22 
PERCENT OF 
THE 
FINE 
SPECIFIED 
ABOVE 
AND 
SUSPENSION 
OR 
23 
CANCELLATION OF LICENSE. 
24 
SEC. 114. OBSTRUCTION OF DEFINED MIGRATION PATHS. - IT SHALL 
25 
BE UNLAWFUL FOR ANY PERSON TO OBSTRUCT ANY DEFINED MIGRATION 
26 
PATH 
OF 
ANADROMOUS, 
CATADROMOUS 
AND 
OTHER 
MIGRATORY 
27 
SPECIES. 
28 
VIOLATION 
OF 
THIS 
SECTION 
SHALL 
BE 
PUNISHED 
BY 
29 
IMPRISONMENT OF SEVEN (7) YEARS TO TWELVE (12) YEARS AND A FINE 
30 
OF ONE 
HUNDRED FIFTY THOUSAND PESOS 
(P150,OOO.OO) TO FIVE 
35 


HUNDRED 
THOUSAND 
PESOS 
(P500,OOO.OO), 
DISMANTLING 
OF 
THE 
2 
OBSTRUCTION, AND THE SUSPENSION OR REVOCATION OF THE PERMIT OR 
3 
LICENSE: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT 
4 
LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE, DISMANTLING 
5 
OF THE OBSTRUCTION AND SUSPENSION OR CANCELLATION OF LICENSE. 
6 
SEC. 115. OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER. 
7 
- THE FISHING VESSEL OWNER, MASTER OR OPERATOR OR ANY OTHER 
8 
PERSON ACTING ON BEHALF OF ANY FISHING VESSEL WHO ASSAULTS, 
9 
RESISTS, INTIMIDATES, HARASSES, SERIOUSLY INTERFERES WITH, OR 
\0 
UNDULY OBSTRUCTS OR DELAYS A 
FISHERY LAW ENFORCEMENT 
11 
OFFICER, 
AUTHORIZED INSPECTOR OR OBSERVER, THE 
DEPUTIZED 
12 
FISHWARDEN OF THE LGU, OR ANY LAWFULLY-BOARDING GOVERNMENT 
13 
OFFICERS, IN THE EXERCISE OF THEIR DUTIES SHALL BE PENALIZED 
14 
UNDER THIS CODE. ANY PERSON WHO DOES NOT ALLOW ANY AUTHORIZED 
15 
OFFICER OR AN OBSERVER TO EXERCISE ANY OF THE LEGAL DUTIES 
16 
SHALL BE DEEMED TO BE OBSTRUCTING THAT OFFICER OR PERSON. 
17 
VIOLATION OF THIS PROVISION SHALL BE PUNISHED BY: 
18 
(1) IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS AND A 
19 
FINE OF FIVE HUNDRED THOUSAND PESOS (P500,OOO.OO) TO ONE 
20 
MILLION 
PESOS 
(P1,OOO,OOO.OO) 
FOR 
FISHING 
VESSELS 
21 
OPERATING IN PHILIPPINE WATERS; AND 
22 
(2) IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS AND A 
23 
FINE OF ONE MILLION ONE 
HUNDRED THOUSAND PESOS 
24 
(P1,100,OOO.OO) TO TWO MILLION PESOS (P2,OOO,OOO.OO) FOR 
25 
FISHING VESSELS OPERATING BEYOND PHILIPPINE WATERS. 
26 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
27 
PERCENT 
OF 
THE 
FINE 
SPECIFIED 
ABOVE 
AND 
SUSPENSION 
OR 
28 
CANCELLATION OF LICENSE. 
29 
SEC. 116. NONCOMPLIANCE WITH FISHERIES OBSERVER COVERAGE. 
30 
- IT SHALL BE UNLAWFUL FOR A PHILIPPINE FLAGGED FISHING VESSEL TO 
36 


, 
, 
SAIL WITHOUT A FISHERIES OBSERVER ON BOARD AS REQUIRED BY RFMO 
2 
CONSERVATION AND MANAGEMENT MEASURES AND THE RULES AND 
3 
REGULATIONS PROMULGATED BY THE DEPARTMENT. 
4 
VIOLATION OF THIS SECTION, OR THE RULES AND REGULATIONS OR 
5 
ANY 
OF 
THE 
PROVISIONS 
THEREOF. 
SHALL 
BE 
PUNISHED 
WITH 
6 
IMPRISONMENT OF ONE (1) MONTH AND ONE (1) DAY TO SIX (6) MONTHS 
7 
AND FINE OF THREE HUNDRED THOUSAND PESOS, (P300,OOO.OO) TO FIVE 
8 
HUNDRED THOUSAND (P500,OOO.OO) AND FORFEITURE OF THE CATCH AND 
9 
GEAR: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT 
10 
LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION 
11 
OF CATCH AND SUSPENSION OR CANCELLATION OF LICENSE. 
12 
SEC. 117. NONCOMPLIANCE WITH PORT STATE MEASURES. -
NO 
13 
FOREIGN 
FISHING 
VESSEL 
SHALL 
BE 
ALLOWED 
ENTRY 
WITHOUT 
14 
PROVIDING AT LEAST TWENTY-FOUR (24)-HOUR PRIOR NOTICE. WHEN A 
15 
FOREIGN FISHING VESSEL IS GRANTED ENTRY, FAILURE TO PROVIDE A 
16 
CATCH REPORT SHALL BE DEEMED UNLAWFUL. IT SHALL LIKEWISE BE 
17 
UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH OTHER RULES ON 
18 
PORT 
STATE 
MEASURES PROMULGATED BY THE 
DEPARTMENT IN, 
19 
COORDINATION WITH PORT STATE AUTHORITIES. 
20 
FAILURE TO COMPLY WITH THE 24-HOUR PERIOD MAY RESULT IN 
21 
DENIAL OF PERMISSION TO ENTER OR USE OF PORT FACILITIES AND THE 
22 
VESSEL 
MAY 
BE 
SUBJECT 
TO 
ONBOARD 
INSPECTION 
AND 
OR 
23 
IMPOUNDMENT. 
24 
SEC. 118. FAILURE TO COMPL Y WITH RULES AND REGULA TlONS AND 
25 
CONSERVATION AND MANAGEMENT MEASURES. - IT SHALL BE UNLAWFUL 
26 
FOR ANY PERSON TO FAIL TO COMPLY WITH CONSERVATION AND 
27 
MANAGEMENT MEASURES TO BE PROMULGATED UNDER THIS CODE. THE 
28 
DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS FOR THIS 
29 
PURPOSE. 
37 


. .' 
. VIOLATION OF THE RULES AND REGULATIONS PROMULGATED BY 
2 
THE DEPARTMENT, OR ANY OF THE PROVISIONS THEREOF, SHALL BE 
3 
PUNISHED WITH IMPRISONMENT OF SIX (6) MONTHS AND FINE OF: 
4 
(1) TWENTY THOUSAND PESOS (P20,OOO.OO), OR TWICE THE VALUE 
5 
OF CATCH, WHICHEVER IS HIGHER, FOR MUNICIPAL FISHING OR 
6 
COMMUNITY SERVICE IN CASE OF FAILURE TO PAY THE FINE; 
7 
(2) ONE HUNDRED THOUSAND PESOS (P100,OOO.OO) TO ONE MILLION 
8 
PESOS (P1,000,000.00) OR TWICE THE VALUE OF THE CATCH, 
9 
WHICHEVER 
IS 
HIGHER, 
FOR 
SMALL-SCALE 
COMMERCIAL 
10 
FISHING; 
II 
(3) ONE MILLION FIVE HUNDRED PESOS (P1,500,000.00) TO TWO 
12 
MILLION FIVE HUNDRED PESOS (P2,500,000.00), OR TWICE THE 
13 
VALUE OF THE CATCH, WHICHEVER IS HIGHER, 
FOR MEDIUM-
14 
SCALE COMMERCIAL FISHING; AND 
15 
(4) THREE MILLION PESOS (P3,000,000.OO) TO FIVE MILLION PESOS 
16 
(P5,000,000.00), 
OR 
TWICE 
THE 
VALUE 
OF 
THE 
CATCH, 
17 
WHICHEVER 
IS 
HIGHER 
FOR 
LARGE-SCALE 
COMMERCIAL 
18 
FISHING. 
19 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
20 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF THE CATCH 
21 
AND SUSPENSION OR CANCELLATION OF LICENSE. 
22 
SEC. 119. NONCOMPLIANCE WITH VESSEL MONITORING MEASURES. 
23 
-
NO MUNICIPAL, COMMERCIAL OR DISTANT WATER FISHING VESSEL 
24 
SHALL ENGAGE IN FISHING ACTIVITY WITHOUT COMPLYING WITH THE 
25 
VESSEL MONITORING MEASURES PROMULGATED BY THE DEPARTMENT IN 
26 
COORDINATION WITH THE LGUS. IT SHALL ALSO BE UNLAWFUL TO 
27 
INTENTIONALLY TAMPER WITH, SWITCH OFF OR DISABLE THE VESSEL 
28 
MONITORING SYSTEM. 
29 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
WITH 
30 
IMPRISONMENT OF SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF: 
38 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
(1) TEN THOUSAND PESOS (P10,000.00) OR TWICE THE VALUE OF THE 
CATCH, WHICHEVER IS HIGHER, FOR MUNICIPAL FISHING OR 
COMMUNITY SERVICE IN CASE OF FAILURE TO PAY THE FINE; 
(2) ONE 
HUNDRED 
THOUSAND 
PESOS 
(P100,000.00) 
TO 
TWO 
HUNDRED TWENTY-FIVE THOUSAND PESOS (P225,000.00) OR 
TWICE THE VALUE OF THE CATCH, WHICHEVER IS HIGHER, FOR 
SMALL-SCALE COMMERCIAL FISHING; 
(3) TWO HUNDRED FIFTY THOUSAND PESOS (P250,000.00) TO FIVE 
HUNDRED THOUSAND PESOS (P500,000.00), OR TWICE THE VALUE 
OF THE CATCH, WHICHEVER IS HIGHER, 
FOR MEDIUM-SCALE 
COMMERCIAL FISHING; AND 
12 
(4) FIVE HUNDRED FIFTY THOUSAND PESOS (P550,OOO.00) TO TWO 
13 
MILLION PESOS (P2,OOO,000.00), OR TWICE THE VALUE OF THE 
14 
CATCH, WHICHEVER IS HIGHER, FOR LARGE-SCALE COMMERCIAL 
15 
FISHING. 
16 
IN CASE OF VIOLATION COMMITTED IN WATERS BEYOND NATIONAL 
17 
JURISDICTION, THE MAXIMUM PENALTY SHALL BE IMPOSED. 
18 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
19 
PERCENT OF THE MINIMUM PENALTY OF THE FINES SPECIFIED ABOVE, THE 
20 
CONFISCATION OF CATCH ANP SUSPENSION OR REVOCATION OF THE 
21 
LICENSE. 
22 
SEC. 120. CONSTRUCTING, IMPORTING OR CONVERTING FISHING 
23 
VESSELS OR GEARS WITHOUT PERMIT FROM THE DEPARTMENT. - IT SHALL 
24 
BE UNLAWFUL FOR ANY PERSON TO CONSTRUCT OR IMPORT FISHING 
25 
VESSELS OR GEARS OR TO CONVERT OTHER VESSELS INTO FISHING 
26 
VESSELS WITHOUT PERMIT FROM THE DEPARTMENT. 
27 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
28 
IMPRISONMENT FROM ONE (1) MONTH AND ONE (1) DAY TO SIX (6) MONTHS 
29 
AND A FINE OF: 
39 


(1) TWENTY-FIVE 
THOUSAND 
PESOS 
(P25,OOO.OO) 
TO 
FIFTY 
2 
THOUSAND PESOS (PSO,OOO.OO) FOR SMALL-SCALE COMMERCIAL 
3 
FISHING; 
4 
(2) SEVENTY-FIVE THOUSAND PESOS (P75,OOO.OO) TO FIVE HUNDRED 
5 
THOUSAND 
PESOS 
(P500,OOO.OO) 
FOR 
MEDIUM-SCALE 
6 
COMMERCIAL FISHING; AND 
7 
(3) SEVEN HUNDRED FIFTY THOUSAND PESOS (P750,OOO.OO) TO TWO 
8 
MILLION FIVE HUNDRED THOUSAND PESOS (P2,500,OOO.OO) FOR 
9 
LARGE-SCALE COMMERCIAL FISHING. 
10 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
11 
PERCENT OF THE FINE SPECIFIED ABOVE. 
12 
SEC. 121. USE OF UNLICENSED GEAR. - ANY PERSON WHO USES A 
13 
FISHING GEAR OR METHOD FOR COMMERCIAL FISHING WITHOUT LICENSE 
14 
FROM 
THE 
DEPARTMENT SHALL BE FINED 
FROM 
TWO 
HUNDRED 
15 
THOUSAND PESOS (P200,OOO.OO) TO FIVE HUNDRED THOUSAND PESOS 
16 
(PSOO,OOO.OO) PER GEAR DEPENDING ON THE SERIOUSNESS OF THE 
17 
VIOLATION: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF 
18 
NOT LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE. 
19 
SEC. 122. FALSIFYING, CONCEALING OR TAMPERING WITH VESSEL 
20 
MARKINGS, IDENTITY OR REGISTRATlON.- IT SHALL BE UNLAWFUL FOR 
21 
ANY PERSON TO FALSIFY, CONCEAL VESSEL IDENTITY OR LACK OF 
22 
REGISTRATION OR TAMPER WITH THE VESSEL MARKINGS, IDENTITY OR 
23 
REGISTRATION. 
24 
VIOLATION 
OF 
THIS 
PROVISION 
SHALL 
BE 
PUNISHED 
BY 
25 
IMPRISONMENT FROM TWO (2) YEARS TO SIX (6) YEARS AND A FINE OF: 
26 
(1) TEN THOUSAND PESOS (P10,OOO.OO) FOR MUNICIPAL FISHING OR 
27 
COMMUNITY SERVICE IN CASE OF FAILURE TO PAY THE FINE; 
28 
(2) FIFTY 
THOUSAND. PESOS 
(P50,OOO.OO) 
TO 
ONE 
HUNDRED 
29 
THOUSAND 
PESOS 
(P100,OOO.OO) 
FOR 
SMALL-SCALE 
30 
COMMERCIAL FISHING; 
40 


(3) ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) TO ONE 
2 
MILLION 
PESOS 
(P1,000,000.00), 
FOR 
MEDIUM-SCALE 
3 
COMMERCIAL FISHING; AND 
4 
(4) ONE MILLION ONE HUNDRED THOUSAND PESOS (P1,100,000.00) 
5 
TO FIVE MILLION PESOS (P5,000,000.00), FOR LARGE-SCALE 
6 
COMMERCIAL FISHING. 
7 
IN CASE OF VIOLATION BY DISTANT WATER FISHING VESSELS, THE 
8 
MAXIMUM PENALTY SHALL BE IMPOSED. 
9 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
10 
PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF CATCH AND 
II 
SUSPENSION OR CANCELLATION OF LICENSE. 
12 
SEC. 123. CONCEALING, TAMPERING OR DISPOSING OF EVIDENCE· 
13 
RELATING TO AN INVESTIGATION OF A VIOLATION. -
IT SHALL BE 
14 
UNLAWFUL FOR ANY PERSON TO CONCEAL, TAMPER OR DISPOSE 
15 
EVIDENCE RELATING TO AN INVESTIGATION OF A VIOLATION. THE 
16 
OFFENDER SHALL SUFFER THE PENALTY OF IMPRISONMENT FROM FIVE (5) 
17 
YEARS TO TEN (10) YEARS AND A FINE OF: 
18 
(1) TEN THOUSAND PESOS (P10,000.00) FOR MUNICIPAL FISHING OR 
19 
COMMUNITY SERVICE IN CASE OF FAILURE TO PAY THE FINE; 
20 
(2) FIFTY 
THOUSAND 
PESOS 
(P50,000.00) 
TO 
ONE 
HUNDRED 
21 
THOUSAND 
PESOS 
(P100,000.00) 
FOR 
SMALL-SCALE 
22 
COMMERCIAL FISHING; 
23 
(3) ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) TO ONE 
24 
MILLION PESOS (P1,000,000) FOR MEDIUM-SCALE COMMERCIAL 
25 
FISHING; AND 
26 
(4) ONE MILLION ONE HUNDRED THOUSAND PESOS (P1,100,000.00) 
27 
TO FIVE MILLION PESOS (P5,000,000.00) FOR LARGE-SCALE 
28 
COMMERCIAL FISHING. 
29 
IN CASE OF VIOLATION BY DISTANT WATER FISHING VESSELS, THE 
30 
MAXIMUM PENALTY SHALL BE IMPOSED. 
41 


THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY 
2 
PERCENT 
OF 
THE 
FINE 
SPECIFIED 
ABOVE 
AND 
SUSPENSION 
OR 
3 
CANCELLATION OF LICENSE. 
4 
SEC. 124. NONCOMPLIANCE WITH THE REQUIREMENTS FOR THE 
5 
INTRODUCTION OF FOREIGN OR EXOTIC AQUA TIC SPECIES. - IT SHALL BE 
6 
UNLAWFUL TO IMPORT, INTRODUCE, OR BREED, FOREIGN OR EXOTIC 
7 
AQUATIC SPECIES WITHOUT THE CONDUCT OF RISK ANALYSIS AND PRIOR 
8 
APPROVAL OF THE DEPARTMENT. 
9 
VIOLATION 
OF 
THIS 
SECTION 
SHALL 
BE 
PUNISHED 
BY 
10 
IMPRISONMENT OF SIX (6) YEARS TO (12) YEARS AND A FINE OF TWO 
11 
HUNDRED THOUSAND 
PESOS 
(P200,OOO.OO) 
TO 
SIX MILLION PESOS 
12 
(P6,OOO,OOO.OO) AND CONFISCATION AND DESTRUCTION OF THE FOREIGN 
13 
OR EXOTIC SPECIES. SHOULD THE SPECIES BECOME INVASIVE AND 
14 
RESULT TO PREDATION OF NATIVE AQUATIC BIOTA, LOSS OF INCOME OR 
15 
DAMAGE TO THE HABITAT, THE OFFENDER SHALL BEAR THE COSTS OF 
16 
CONTAINMENT, ERADICATION ANDIOR RESTORATION: PROVIDED, THAT 
17 
THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS THAN FIFTY PERCENT 
18 
OF THE FINE SPECIFIED ABOVE, CONFISCATION OF FOREIGN OR EXOTIC 
19 
SPECIES 
AND 
THE 
COSTS 
FOR 
CONTAINMENT, 
ERADICATION 
OR 
20 
RESTORATION. 
21 
SEC. 125. FAILURE TO COMPLY WITH STANDARDS AND TRADE· . 
22 
RELATED MEASURES. -IT SHALL BE UNLAWFUL FOR ANY PERSON TO FAIL 
23 
TO COMPLY WITH STANDARDS FOR WEIGHTS, VOLUME, QUALITY AND 
24 
OTHER REQUIREMENTS FOR ALL FISHERY TRANSACTIONS AND TRADE 
25 
AND TRADE·RELATED MEASURES PRESCRIBED BY THE DEPARTMENT. 
26 
VIOLATION OF THIS SECTION OR THE IMPLEMENTING RULES AND 
27 
REGULATIONS SHALL BE PUNISHED BY IMPRISONMENT FROM SIX (6) 
28 
MONTHS TO TWO (2) YEARS AND FINE OF FIFTY THOUSAND PESOS 
29 
(P50,OOO.OO) TO TWO MILLION PESOS (P2,OOO,OOO.OO), DEPENDING ON THE 
30 
SERIOUSNESS, EXTENT AND VOLUME OF TRADE ASSOCIATED WITH THE 
42 


VIOLATION: PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF 
2 
NOT LESS THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE, 
3 
CONFISCATION 
OF 
THE 
SHIPMENT 
OR 
FISHERY 
PRODUCTS 
AND 
4 
SUSPENSION OR REVOCATION OF REGISTRATION OR LICENSE. 
5 
SEC. 126. POSSESSING, DEALING IN OR DISPOSING ILLEGALLY 
6 
CAUGHT OR TAKEN FISH. -IT SHALL BE UNLAWFUL TO KNOWINGLY SHIP, 
7 
COMMERCIALLY TRANSPORT, OFFER FOR SALE, SELL, IMPORT, EXPORT, 
8 
OR HAVE CUSTODY, CONTROL, OR POSSESSION OF, OR TO DEAL IN OR IN 
9 
ANY MANNER DISPOSE OF ANY FISH OR SPECIES CAUGHT, TAKEN OR 
10 
RETAINED IN VIOLATION OF THIS CODE. 
II 
THE DISCOVERY OF ANY FISH OR SPECIES CAUGHT WITH THE USE 
12 
OF EXPLOSIVES OR NOXIOUS OR POISONOUS SUBSTANCES SHALL 
13 
CONSTITUTE A PRIMA FACIE PRESUMPTION THAT THE POSSESSOR, 
14 
SELLER, 
FISH 
DEALER, 
TRANSPORTER, 
IMPORTER, 
OR 
EXPORTER 
15 
THEREOF HAS KNOWLEDGE THAT THE FISH OR SPEqES WAS CAUGHT OR 
16 
TAKEN IN VIOLATION OF THIS CODE. 
17 
VIOLATION 
OF 
THIS 
SECTION 
SHALL 
BE 
PUNISHED 
WITH 
18 
IMPRISONMENT FROM SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF 
19 
FIFTY THOUSAND PESOS (P50,OOO.OO) TO TWO HUNDRED THOUSAND PESOS 
20 
(P200,OOO.OO) OR FIVE (5) TIMES THE VALUE OF FISH OR SPECIES, 
21 
WHICHEVER IS HIGHER, AND CONFISCATION OF THE SAME AND THE 
22 
CONVEYANCE OR VESSEL USED IN DEALING IN, OR TRANSPORTING OR 
23 
SHIPPING 
THE 
ILLEGALLY 
CAUGHT/GATHERED 
FISHERIES 
SPECIES: 
24 
PROVIDED, THAT THE DEPARTMENT MAY IMPOSE A FINE OF NOT LESS 
25 
THAN FIFTY PERCENT OF THE FINE SPECIFIED ABOVE, CONFISCATION OF 
26 
THE FISH OR FISHERY PRODUCTS AND SUSPENSION OR REVOCATION OF 
27 
REGISTRATION OR LICENSE. 
28 
SEC. 127. UNAUTHORIZED DISCLOSURE OF SENSITIVE TECHNICAL 
29 
INFORMATION. -
DATA FROM THE VESSEL MONITORING SYSTEM OR VESSEL 
30 
MONITORING MEASURE AND OTHER RELATED DATA ARISING THEREFROM 
43 


SHALL BE CONSIDERED AS SENSITIVE TECHNICAL INFORMATION. ANY 
2 
UNAUTHORIZED DISCLOSURE OF SAID DATA INCLUDING ALL OTHER DATA 
3 
REFERRED TO IN SECTION 153 OF THIS CODE BY ANY PERSON SHALL BE 
4 
PENALIZED BY IMPRISONMENT OF SIX (6) MONTHS AND ONE DAY TO SIX (6) 
5 
YEARS, REMOVAL FROM OFFICE AND FORFEITURE OF ALL RETIREMENT 
6 
BENEFITS, WHERE APPLICABLE. 
7 
SEC. 128. OTHER VIOLATIONS. -IN ADDITION.TO THE PROHIBITIONS 
8 
IN THIS CODE, THE DEPARTMENT, IN CONSULTATION WITH THE LGUS, 
9 
LOCAL FARMCS AND NFARMC, SHALL ISSUE FISHERY ADMINISTRATIVE 
10 
ORDERS OR REGULATIONS FOR THE CONSERVATION, PRESERVATION, 
11 
MANAGEMENT AND SUSTAINABLE DEVELOPMENT OF FISHERIES AND 
12 
AQUATIC RESOURCES. 
13 
VIOLATION 
OF 
ADMINISTRATIVE 
ORDERS 
OR 
REGULATIONS 
14 
PROMULGATED BY THE DEPARTMENT OR ANY PROVISION THEREOF SHALL 
15 
SUBJECT THE OFFENDER TO A FINE OF ONE HUNDRED THOUSAND PESOS 
16 
(P100,OOO.OO) TO FIVE MILLION PESOS (P5,OOO,000.00), DEPENDING ON THE 
17 
SOCIO-ECONOMIC IMPACT AND SERIOUSNESS OF THE VIOLATION, VOLUME 
18 
AND VALUE OF THE FISHERIES PRODUCT, DAMAGE TO THE ENVIRONMENT. 
19 
DUE TO THE VIOLATION, AND THE HABITUALITY OF THE OFFENDER. 
20 
SEC. 129. ESCALATION CLAUSE. - THE FINES HEREIN PRESCRIBED 
21 
SHALL BE INCREASED BY AT LEAST TEN PERCENT (10%) EVERY THREE (3) 
22 
YEARS TO 
COMPENSATE 
FOR INFLATION AND 
TO 
MAINTAIN 
THE 
23 
DETERRENT FUNCTION OF SUCH FINES." 
24 
SEC. 18. A new Chapter VII on administrative adjudication is hereby inserted after Chapter 
25 
VI of Republic Act No. 8550, to read as follows: 
26 
"CHAPTER VII 
27 
ADMINISTRATIVE ADJUDICATION 
28 
SEC. 130. ADMINISTRATIVE ADJUDICATION. -
THE DEPARTMENT IS 
29 
HEREBY EMPOWERED TO IMPOSE THE ADMINISTRATIVE FINES AND 
30 
PENALTIES PROVIDED IN THIS CODE. 
44 


FOR 
THIS 
PURPOSE, 
THE 
DEPARTMENT 
IS 
AUTHORIZED 
TO 
2 
ORGANIZE AND DESIGNATE THE COMPOSITION OF THE ADJUDICATION 
3 
COMMITTEE, WHICH SHALL BE COMPOSED OF THE BUREAU DIRECTOR AS 
4 
CHAIRPERSON AND TWO OTHER MEMBERS TO BE DESIGNATED BY THE 
5 
SECRETARY. THE ADJUDICATION COMMITTEE SHALL BE SUPPORTED BY 
6 
SUFFICIENT NUMBER OF STAFF TO ENABLE IT TO PERFORM ITS MANDATE. 
7 
IT SHALL ALSO PROMULGATE RULES AND REGULATIONS FOR THE 
8 
CONDUCT OF ADMINISTRATIVE ADJUDICATION AND THE DISPOSITION OF 
9 
CONFISCATED CATCH, GEARS, EQUIPMENT AND OTHER PARAPHERNALIA. 
10 
SEC. 131. OTHER POWERS. - THE DEPARTMENT MAY EXERCISE THE 
11 
FOLLOWING POWERS PURSUANT TO ITS FUNCTIONS: 
12 
(1) ISSUE NOTICE OF VIOLATION; 
13 
(2) CONDUCT PUBLIC HEARINGS; 
14 
(3) CALL ON ANY GOVERNMENT EMPLOYEE, OR ANY OFFICE OR 
15 
INSTRUMENTALITY OF THE GOVERNMENT FOR COOPERATION 
16 
AND ASSISTANCE; AND 
17 
(4) ADOPT RULES OF PROCEDURE. 
18 
SEC. 132. COMMENCEMENT OF SUMMARY ADMINISTRATIVE ACTION. 
19 
- THE DEPARTMENT SHALL, ON ITS OWN INSTANCE OR UPON VERIFIED 
20 
COMPLAINT BY ANY PERSON, INSTITUTE ADMINISTRATIVE PROCEEDINGS 
21 
AGAINST ANY PERSON WHO VIOLATES ANY ORDER, RULE OR REGULATION 
22 
ISSUED BY THE DEPARTMENT, PURSUANT TO THIS CODE. 
23 
SEC. 133. POWER TO ISSUE CEASE AND DESIST ORDERS AND TO 
24 
SUMMARIL Y EVICT WITHOUT THE NECESSITY OF JUDICIAL ORDER. - THE 
25 
DEPARTMENT 
SHALL, 
SUBJECT 
TO 
THE 
REQUIREMENTS 
OF 
26 
ADMINISTRATIVE DUE PROCESS, ISSUE CEASE AND DESIST ORDERIS UPON 
27 
VIOLATORIS AND TO SUMMARILY EJECT, WITHOUT THE NECESSITY OF . 
28 
JUDICIAL ORDER, THE HOLDER OF FLA, OTHER TENURIAL INSTRUMENT, 
29 
PERMIT OR LICENSE FROM AREAS OF THE PUBLIC DOMAIN COVERED BY 
30 
SUCH FLA, TENURIAL INSTRUMENT, PERMIT OR LICENSE. 
45 


SEC. 134. ADMINISTRATIVE AUTHORITY OF THE DIRECTOR OF THE 
2 
BFAR 
OR 
THE 
DULY AUTHORIZED 
REPRESENTATIVE 
TO 
ORDER 
3 
CONFISCATION. - IN ALL CASES OF VIOLATIONS OF THIS CODE OR OTHER 
4 
FISHERY LAWS, RULES AND REGULATIONS, THE DIRECTOR OF THE BFAR 
5 
OR 
THE 
DULY 
AUTHORIZED 
REPRESENTATIVE, 
MAY 
ORDER 
THE 
6 
CONFISCATION AND FORFEITURE OF ANY FISH, FISHERY SPECIES OR 
7 
AQUATIC RESOURCES ILLEGALLY CAUGHT, TAKEN OR GATHERED, AND 
8 
ALL EQUIPMENT, 
PARAPHERNALIA AND GEARS IN 
FAVOR OF THE 
9 
DEPARTMENT, ACADEMIC INSTITUTIONS OR LGUS AND TO DISPOSE OF THE 
10 
SAME IN ACCORDANCE WITH PERTINENT LAWS, RULES, REGULATIONS 
11 
AND POLICIES ON THE MATTER. 
12 
SEC. 
135. 
ACCOMPANYING 
ADMINISTRATIVE SANCTIONS 
FOR 
13 
SERIOUS VIOLATIONS. - THE DEPARTMENT MAY IMPOSE THE FOLLOWING 
14 
ADDITIONAL SANCTIONS TO THE ADMINISTRATIVE PENALTIES IMPOSED 
IS 
FOR SERIOUS VIOLATIONS: 
16 
(1) CONFISCATION OF FISHING GEAR; 
17 
(2) IMPOUNDMENT OF FISHING VESSEL; 
18 
(3) TEMPORARY SUSPENSION OR PERMANENT REVOCATION OF 
19 
LICENSE OR PERMIT; 
20 
(4) TEMPORARY OR PERMANENT BAN FROM THE AVAILMENT OF 
21 
APPLICABLE DUTY AND TAX REBATES; 
22 
(5) INCLUSION IN THE IUU FISHING VESSEL LIST; 
23 
(6) DENIAL OF ENTRY AND OTHER PORT SERVICES; 
24 
(7) BLACKLISTING; AND 
25 
(8) INCREASE IN THE AMOUNT OF FINES BUT NOT TO EXCEED FIVE 
26 
(5) TIMES THE VALUE OF THE CATCH. IN CASE OF REPEATED 
27 
VIOLATIONS WITHIN A FIVE-YEAR PERIOD, THE AMOUNT OF FINE 
28 
MAY BE INCREASED UP TO EIGHT (8) TIMES THE VALUE OF THE 
29 
CATCH. 
46 


DURING THE PENDENCY OF THE ADMINISTRATIVE OR THE CRIMINAL 
2 
CASE, THE VESSEL/CONVEYANCE, GEAR AND OTHER PARAPHERNALIA 
3 
USED IN THE COMMISSION OF THE OFFENSE MAY BE IMPOUNDED BY THE 
4 
DEPARTMENT. 
5 
IN 
APPLYING 
THESE 
ACCOMPANYING 
SANCTIONS, 
THE 
6 
DEPARTMENT SHALL TAKE INTO ACCOUNT THE SERIOUSNESS OF THE 
7 
VIOLATION AS DEFINED IN PARAGRAPH 81 OF SECTION 4 OF THIS CODE, 
8 
THE HABITUALITY OR REPETITION OF VIOLATION, MANNER OF COMMISSION 
9 
OF THE OFFENSE, SEVERITY OF THE IMPACT ON THE FISHERY RESOURCES 
10 
AND HABITAT, SOCIOECONOMIC IMPACT, CASES OF CONCEALMENT OR 
11 
DESTRUCTION OF EVIDENCE, ELUDING ARREST, RESISTING LAWFUL 
12 
ORDERS, AND OTHER ANALOGOUS CIRCUMSTANCES. 
13 
THE 
OVERALL 
LEVEL 
OF 
SANCTIONS 
AND 
ACCOMPANYING 
14 
SANCTIONS 
SHALL 
BE 
CALCULATED 
IN 
A 
MANNER 
THAT 
IS 
15 
PROPORTIONATE, 
EFFECTIVE 
AND 
DISSUASIVE 
TO 
DEPRIVE 
THE 
16 
OFFENDER OF THE ECONOMIC BENEFITS DERIVED FROM THE SERIOUS 
17 
VIOLATION. 
18 
SEC. 136. LIEN UPON PERSONAL AND IMMOVABLE PROPERTIES OF 
19 
VIOLATORS. -
FINES AND PENALTIES IMPOSED PURSUANT TO THIS ACT 
20 
SHALL CONSTITUTE A LIEN UPON THE PERSONAL AND IMMOVABLE 
21 
PROPERTIES OF THE VIOLATOR. 
22 
SEC. 137. REWARD TO INFORMANTS AND THOSE WHO ASSISTED IN 
23 
THE FISHERY LAW ENFORCEMENT. - ANY PERSON WHO, OR ANY LOCAL 
24 
GOVERNMENT UNIT THAT, PROVIDES INFORMATION FOR, OR ASSISTED IN, , 
25 
THE APPREHENSION AND CONVICTION OF A PERSON FOR THE VIOLATION 
26 
OF THIS ACT OR OTHER FISHERY LAWS, RULES AND REGULATIONS, OR 
27 
THE CONFISCATION AND FORFEITURE OF FISH, FISHERY SPECIES, OTHER 
28 
AQUATIC RESOURCES, VESSEL, GEARS AND CONVEYANCES, SHALL BE 
29 
GIVEN A REWARD IN THE AMOUNT OF TWENTY PERCENT (20%) OF THE 
30 
PROCEEDS OF THE 
CONFISCATION 
AND 
FORFEITURE OR OF THE 
47 


ADMINISTRATIVE FINES COLLECTED BY THE BUREAU. FOR THIS PURPOSE, 
2 
THE DEPARTMENT SHALL PROMULGATE THE RULES AND REGULATIONS 
3 
FOR THE GRANTING OF THIS REWARD. 
4 
SEC. 138. COMMUNITY SERVICE. -
IN CASE THE OFFENDER IS A 
5 
MUNICIPAL FISHERFOLK OR HAS NO PROPERTY OVER WHICH THE 
6 
DEPARTMENT MAY IMPOSE THE FINES AND PENALTIES PRESCRIBED FOR 
7 
THE OFFENSE, COMMUNITY SERVICE MAY BE RENDERED IN LIEU OF THE 
8 
FINE. 
THE 
DEPARTMENT 
SHALL 
PROMULGATE 
THE 
RULES 
AND 
9 
REGULATIONS FOR THIS PURPOSE, TAKING INTO ACCOUNT THAT THE 
10 
SERVICE SHOULD BE RENDERED IN THE COMMUNITY WHERE THE 
11 
OFFENDER IS A RESIDENT AND COMPUTED BASED ON THE FINE AND THE 
12 
PREVAILING MINIMUM WAGE IN THE COMMUNITY, AMONG OTHERS. 
13 
SEC. 139. FISHERIES NATIONAL ADMINISTRATIVE REGISTER. - THE 
14 
ADJUDICATION COMMITTEE SHALL ENTER IN A FISHERIES NATIONAL 
15 
ADMINISTRATIVE REGISTER, WHICH SHALL BE PUBLICLY AVAILABLE, ALL 
16 
DECISIONS, RESOLUTIONS OR ORDERS INVOLVING VIOLATIONS OF THIS 
17 
CODE, PARTICULARLY SERIOUS VIOLATIONS COMMITTED BY PHILIPPINE 
18 
FLAGGED VESSELS OR BY PHILIPPINE NATIONALS AND CASES ON 
19 
POACHING OR INVOLVING FOREIGNERS, INCLUDING THE PENALTIES 
WIMPOSED: 
21 
SEC. 19. Section 109 of the Act is hereby deleted and shall be replaced with a new 
22 
Section 141 to read, as follows: 
23 
"SEC. 141. FISHERIES MANAGEMENT FUND. -
THERE IS HEREBY 
24 
ESTABLISHED A FISHERIES MANAGEMENT FUND TO BE ADMINISTERED BY 
25 
THE DEPARTMENT THROUGH THE BUREAU OF FISH.ERIES AND AQUATIC 
26 
RESOURCES, AS A SPECIAL ACCOUNT IN THE NATIONAL TREASURY. 
27 
THE FUND SHALL BE DERIVED FROM: ADMINISTRATIVE FINES 
28 
IMPOSED UNDER THIS CODE AND ITS RULES AND REGULATIONS; 
29 
PROCEEDS 
FROM 
SALE 
OF 
FORFEITED· FISH, 
FISHING 
GEARS, 
30 
PARAPHERNALIA AND FISHING VESSELS; ADMINISTRATIVE FEES AND 
48 


CHARGES; AND CONTRIBUTIONS IN THE FORM OF ENDOWMENTS, GRANTS 
2 
AND DONATIONS TO THE FUND, WHICH SHALL BE EXEMPTED FROM DONOR 
3 
AND OTHER TAXES, CHARGES OR FEES IMPOSED BY THE GOVERNMENT. 
4 
THE FUND SHALL ENHANCE THE BUDGET FOR: THE CONSERVATION, 
5 
PRESERVATION, 
PROTECTION. 
MANAGEMENT, 
DEVELOPMENT 
AND 
6 
REGULATION OF THE FISHERY AND AQUATIC RESOURCES; RESEARCH AND 
7 
DEVELOPMENT 
AND 
CAPABILITY 
BUILDING 
OF 
THE 
VARIOUS 
8 
STAKEHOLDERS 
INCLUDING 
PROVISION 
FOR 
SCHOLARSHIPS; 
9 
SUPPLEMENTARY 
LIVELIHOOD 
FOR 
POVERTY 
ALLEVIATION; 
AND 
10 
IMPROVEMENT OF PRODUCTIVITY AND PROCESSESS OF THE VARIOUS 
11 
STAKEHOLDERS. 
12 
THE FUND SHALL BE UTILIZED IN THE FOLLOWING MANNER: 
13 
A. TEN 
PERCENT (10%) FOR THE PURCHASE, UPGRADE AND 
14 
MAINTENANCE OF VESSELS, 
COMMUNICATION 
AND 
OTHER 
IS 
EQUIPMENT 
USED 
FOR 
THE 
MONITORING, 
CONTROL 
AND 
16 
SURVEILLANCE, OF PHILIPPINE WATERS AND DISTANT WATER 
17 
FISHING; 
18 
B. FIVE 
PERCENT 
(5%) 
FOR 
THE 
PAYMENT 
OF 
LITIGATION 
19 
EXPENSES, COST OF CONVEYANCE OF WITNESSES AND OTHER 
20 
COSTS DUE TO CASES FILED BY OR AGAINST THE REPUBLIC OF 
21 
THE PHILIPPINES IN INTERNATIONAL COURTS ARISING FROM THE. 
22 
IMPLEMENTATION OF THIS CODE OR WHERE APPREHENDING 
23 
PARTY OR PARTIES BECOME RESPONDENTS OR DEFENDANTS IN 
24 
ANY TRIBUNAL OR COURT OF LAW; 
25 
C. FIFTEEN PERCENT (15%) FOR THE OPERATING COSTS OF THE 
26 
IFARMC AND MFARMC AND PAYMENT FOR THE COST OF 
27 
REHABILITATION, 
MEDICAL 
EXPENSES 
FOR 
INJURY, 
OR 
28 
INDEMNITY FOR DEATH OF LAW ENFORCEMENT OFFICERS, 
29 
INCLUDING DEPUTIZED VOLUNTEERS; 
49 . 


D. TWENTY PERCENT (20%) FOR PAYMENT OF REWARDS TO 
2 
INFORMERS AND THOSE WHO ASSISTED IN 
FISHERY LAW 
3 
ENFORCEMENT, INCLUDING LOCAL GOVERNMENT UNITS; 
4 
E. FIVE PERCENT (5%) FOR THE CONTINUED UPGRADING OF 
5 
LABORATORY FACILITIES AND EQUIPMENT; 
6 
F. FIVE PERCENT (5%) FOR THE CAPABILITY DEVELOPMENT OF 
7 
BFAR PERSONNEL, DEPUTIZED LAW ENFORCEMENT AGENCIES 
8 
AND VOLUNTEERS, AND STAKEHOLDERS; 
9 
G. TEN PERCENT (10%) FOR SCHOLARSHIP GRANTS FOR CHILDREN 
10 
OF 
FISHERFOLKS 
AND 
FISHWORKERS 
IN 
FISH 
CATCH, 
11 
AQUACULTURE, FISHING AND FISH PROCESSING; 
12 
H. FIFTEEN PERCENT (15%) FOR LIVELIHOOD PROGRAMS FOR 
13 
PRODUCTION ENHANCEMENT AND POVERTY ALLEVIATION; AND, 
14 
I. 
FIFTEEN PERCENT (15%) ASSISTANCE TO FISHERMEN IN THE 
15 
FORM OF SHARED FACILITIES." 
16 
SEC. 20. Renumbering of the Remaining Sections of Republic Act No. 8550. - Section 108 
17 
is hereby renumbered as Section 140, and Sections 110 to 133 of Republic Act No. 8550 are 
18 
hereby renumbered as Sections 142 to 165 accordingly. Chapters VII, VIII and IX of the same Act 
19 
are hereby renumbered as Chapter VIII, IX and X, respectively. 
20 
SEC. 21. Implementing Rules and Regulations. -
The Department of Agriculture, in 
21 
consultation with concerned government agencies and stakeholders, shall promulgate the 
22 
implementing rules and regulations of this Act, within six (6) months from the effectivity of this Act. 
23 
SEC. 22. Separability Clause. -
If any portion of this Act is declared unconstitutional or 
24 
invalid, the portions or provisions which are not affected shall continue to be in full force and effect. 
25 
SEC, 23. Repealing Clause. - All laws, decrees, executive orders and rules and regulations 
26 
or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. 
27 
SEC. 24. Effectivity. -
This Act shall take effect fifteen (15) days after its complete 
28 
publication in at least two (2) newspapers of general circulation. 
Approved, 
50