Republic of the Philippines
House of Representatives
Quezon City

FIFTEENTH CONGRESS
First Regular Session

Housd BillNo,_ 5430

Introduced by: REPRESENTATIVE ABIGAIL FAYE C. FERRIOL

EXPLANATORY NOTE

Poaching in Philippine waters by foreigners has long been a perennial problem in our
country, Reports of foreign vessels caught by the naval authorities periodically form part of the
news. These incursions into Philippine waters are often coupled by the plunder of our natural
resources. The severity of this problem was exposed during the middle of this year when a vast
collection of corals and other marine species was seized by the authorities. This was followed
by a subsequent discovery of another large stash of various endangered marine species in the
southem part of the country. These revealed the atrocious acts against the Philippines’ marine
life in recent memory.

This sad state of our environment is worsened by the reality that the perpetrators are
given a punishment grossly incommensurate with their crime. In fact, an official from the naval
forces lamented that foreign violators are simply deported and that there is a need for tougher
laws. Last September, a batch of foreign fishermen involved in illegal fishing was deported. The
fines imposed on them were waived.

This kind of treatment has emboldened some of our neighbors and has resulted in their
brazen pitlage of our marine resources. In addition to the immense damage to our environment,
the continued and habitual plunder of our environment by foreigners is a plague that adversely
affects Filipinos who are dependent on aquatic resources for their livelihood. Most of these
fisherfolk live in poverty thus providing another compelling reason for the government to protect
the country’s marine resources. It is imperative that the government take up the cudgets for this
disadvantaged sector, composed of paople who barely subsist on meager resources, from


unscrupulous foreigners wha slowly deprive them of their means of subsistence.

This proposed measure seeks to strengthen the penalties for illegal activities of
foreigners in Philippine waters. It is hoped that the amendment of the Fisheries Code of 1996
wilt serve as a stronger deterrent against foreign incursions and will show the country’s
commitment in the preservation of our natural resources as well as our countrymen's source of
livelihood.

In view of the foregoing, the passage of the bill is earnestly sought.

A

nie ‘. FERRIOL


Republic of the Philippines
House of Representatives
Quezon City

FIFTEENTH CONGRESS
First Regutar Session

Houss WilNo,__5430

Introduced by: REPRESENTATIVE ABIGAIL FAYE C, FERRIOL

AN AGT AMENDING R.A. 8850, ENTITLED AN ACT PROVIDING FOR THE DEVELOPMENT,
MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES,
INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES

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

SECTION 1. Section 87 of R.A. 8850 is hereby amended to read as follows:

“SEC. 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign

person, corporation of entity to fish or operate any fishing vessel in Philippine
waters.

The entry of any foreign fishing vessel in Philippine waters shall constitute a
prima facie evidence that the vessel is engaged in fishing in Philippine waters.

Violation of the above shall be punished by THE PENALTY OF IMPRISONMENT
RANGING FROM ONE (t) YEAR TO TEN (10) YEARS AND a fine of One
hundred thousand U.S. Dollars (US$100,000.00), in addition to the confiscation
of its catch, fishing equipment and fishing vessel. IF APPREHENDED FOR THE
SECOND TIME, THE VIOLATION SHALL BE PUNISHED BY THE PENALTY OF
LIFE IMPRISONMENT AND A FINE OF TWO HUNDRED THOUSAND U.S.
DOLLARS (US$200,000.00), IN ADDITION TO THE CONFISCATION OF ITS
CATCH, FISHING EQUIPMENT AND FISHING VESSEL: Provided, That the
Department is empowered to impose an administrative fine of not less than Fifty
thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand


/ .

U.S. Dollars (US$200,000.00) or its equivalent in the Philippine Currency.
PROVIDED, FURTHER, THAT THE CONFISCATED FISHING EQUIPMENT
AND FISHING VESSEL SHALL BE PERMANENTLY TURNED OVER TO THE
MUNICIPALICITY GOVERNMENT AND THE FARMC SO THAT iT COULD BE
USED IN THE MANAGEMENT, CONSERVATION, DEVELOPMENT AND
PROTECTION OF THEIR RESPECTIVE MUNICIPAL WATERS. PROVIDED,
FURTHERMORE, THAT NO FOREIGN PERSON WHO IS A REPEAT
OFFENDER OF THE ABOVE PROVISION SHALL BE DEPORTED WITHOUT
THE PAYMENT OF THE IMPOSED FINE AND ADMINISTRATIVE FINE.”

SEC. 2. Effectivity Clause, - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national newspapers of general

circulation.

Approved,