HOUSE: OF RE
RECEIVED
116 AUG 2016

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2962

REGISTRAT
BILLS AND INDI

House Bill No.

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
REGULATING THE AQUARIUM AQUATIC LIFE COLLECTING INDUSTRY
EXPLANATORY NOTE

Article Il, Section 16, of the Constitution states that "The State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature’.

Corollary to this provision of the Constitution, there is therefore an urgent need to regulate
the country's aquarium aquatic life collecting industry to ensure health of our country's coral
reefs and aquatic life. The industry of harvesting fish and other marine creatures for home
and commercial aquariums remains largely unregulated thus raising various environmental
concerns.

The proposed bill, therefore, wishes to regulate the aquarium aquatic life collecting industry
by implementing prohibitions and a system of fines for violators.

In view of the urgent need of regulating and monitoring this vital industry, immediate
passage of this bill is earnestly recommended.

GLORIA MACAPAGAL ARROYO
2*District, Pampanga

-SENTATIVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS,
First Regular Session

2962

House Bill No.

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
REGULATING THE AQUARIUM AQUATIC LIFE COLLECTING INDUSTRY

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

SECTION 1. Short Title. - This Act shall be known as the “Aquarium
Aquatic Life Act of 2016.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
State to give highest priority to the protection of the environment, particularly
marine life. Towards this end, this Act shall regulate the aquarium aquatic life
collecting industry to ensure the health of the country's coral reefs and aquatic
life.

SECTION 3. Definitions. — In this Act, the term -

(a) “aquarium collecting gear’ means any equipment used to collect
aquarium fish or animals including, but not limited to, hand nets, fence or
barrier nets, fiberglass or “tickle sticks”, catch buckets, keeps, or baskets:

(b) “aquarium purpose” means to hold saltwater fish, freshwater non-game
fish, or other aquatic life alive in a state of captivity as pets, for scientific
study, or for public exhibition or display, or for sale for these purposes
Saltwater fish, freshwater non-game fish, or other aquatic life held alive in
a state of captivity as food for human consumption shall not be considered
an aquarium purpose;


(0) “collect” means to take, catch, harvest, or confine, or to attempt to take,
catch, harvest, or confine aquatic life. The use of any aquarium collecting
gear to take, catch, capture, harvest, or confine, or to attempt to take,
catch, capture, harvest, or confine aquatic life by any person who is on or
about the shores of the Philippines or in a vessel in Philippine waters shall
be construed as collecting under this section; and

(d) “Department” means the Department of Environment and Natural
Resources.

SECTION 4. Aquarium Aquatic Life Selling Permit. - No natural person,
corporation, partnership, or association shall sell, trade, or distribute aquarium
aquatic life for aquarium purposes without a permit from the Department of
Environment and Natural Resources

SECTION 5. Approved Aquarium Collecting List of Aquatic Species. - (a)
The Department shall develop and maintain an approved aquarium collecting list
of aquatic species. No aquatic species shall be collected or sold for aquarium
purposes unless the species appears on the approved aquarium collecting list.

(b) The approved aquarium collecting list shall only include species that
are shown by a Department or other government agency study to meet the
following criteria:

1) The species can survive capture, transport, and captivity for at
least one hundred eighty (180) days;

2) Based on historical evidence, the species is part of a stable or
increasing population trend in the area where the species is being
collected;

3) The removal of the specie does not negatively impact the reef
ecosystem by contributing to algae overgrowth for herbivores,
parasite overload on other reef fishes for cleaner wrasses and
cleaner shrimps, or other harmful effects;

4) The species is not endemic to the Philippines;

5) The species is not endangered or vulnerable, as classified by the
Department in accordance with laws, international conventions, or
rules and regulations; and

6) Such other criteria as may be prescribed by the Department.


(c) The Department may recognize indigenous Philippine traditional and
customary rights with regard to marine resources for subsistence, cultural, or
religious purposes.

(d) The Department shalll inform all permit holders under Section 4 of the
species included in the aquarium collecting list and the penalties for failure to
comply with the restrictions regarding the collection of aquatic life.

SECTION 6. Penalties. - (a) Any natural person, corporation, partnership,
or association who collects aquatic life not on the approved aquarium collecting
list shall be fined Five Thousand Pesos (P5,000.00) for each specimen collected
If the specimen is an endangered or vulnerable species as classified by the
Department, the fine shall be Twenty Thousand Pesos (P20,000.00) for each
endangered species collected.

(b) Any natural person, corporation, partnership, or association that sells
aquatic life not on the approved aquarium collecting list shall be fined Ten
Thousand Pesos (P10,000.00) for each specimen sold. If the specimen is an
endangered or vulnerable species as classified by the Department, the fine shall
be Thirty Thousand Pesos (P30,000,00) for each endangered species sold.

(c) Any natural person, corporation, partnership, or association that sells
aquatic life without the permit referred in Section 4 shall be fined Ten Thousand
Pesos (P10,000.00) for each day of violation

SECTION 7. Rules and Regulations. - The Department shall promulgate
the necessary rules and regulations to carry out the objectives of this Act

SECTION 8. Separability Clause. - If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 9. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly.

SECTION 10. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,