REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
QUEZON CITY

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oare! O.FEB 201
16™ CONGRESS: i

4° Regular Session

Suse eu no 887 1

Introduced by: REP. PRYDE HENRY A. TEVES

EXPLANATORY NOTE

The Philippines is an archipelagic state with over 2.2 million sq. km. of
highly productive seas and 27,000 sq. km. of coral reefs. It is thus undeniable
that the Philippines has a very prominent fisheries industry. In 2008, we ranked
8" in the top fish producing countries of the world, producing 3.12% of the total
world production of fish, crustaceans, molluscs and aquatic plants. We were 9"
in the world in terms of aquaculture production, providing 1.4% of the total global
aquaculture production of fish, crustaceans and molluscs. We ranked 3” in the
production of seaweeds, producing 10.6% of the total world seaweeds
production. We are the second largest producer of tuna in the world. Note,
however, that we are not at all ranked as a capture fisheries producer.

While fisheries production has been steadily increasing from 1.7 million
metric tons in the 80’s until it reached 5.09 million metric tons in 2009, it must be
noted that most of the fish produced came from aquaculture. Statistics have
shown that aquaculture has contributed 48% to the fishery production of 2009,
while municipal and commercial fishing contributed a less remarkable 27% and
25%, respectively. This is so despite over 2.2 million sq. km of seas, touted as
“highly productive” and 27,000 sq. km of coral reefs.

It is ironic that our highly productive seas are now overfished. The irony is
due to the fact that our marine and coastal ecosystem is exposed to
indiscriminate methods of catching fish and fishery species in the wild such as
fishing through explosives, noxious or poisonous substances, electrofishing, fine
mesh nets, coral exploitation, muro-ami and use of other methods and gear
destructive to coral reefs and other marine habitat, use of superlights, fishing or
taking of rare, threatened or endangered species, capture of sabalo and other
breeder/spawners, violation of catch ceilings, obstruction to navigation or flow
and ebb of tide in any stream, river, lake or bay, and unlicensed construction and
operation of fish corrals/traps, fish pens and cages, among others.

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While these violations are penalized under Republic Act 8550 or the
Philippine Fisheries Code of 1998 (RA 8550), fifteen years after the law's
passage proved that the penalties therein are mere slaps on the wrists of
violators. For example, the two large container vans of 21,000 species of black
corals, and some 161 endangered turtles and marine life seized in May 2011 by
Bureau of Customs officials would have fetched a whopping PhP 15 million for its
dealers.

It was later learned that an entire coral reef off the coast of Cotabato, still
unexplored, and estimated to be about twice the size of Metro Manila, was
ruined. Equated to annual services to humans, the Economics of Ecosystems
and Biodiversity (TEEB) project of the United Nations Environment Program
(UNEP) would have valued the ruined coral reefs at a minimum of US$16.6
billion, However, RA 8550 would only punish the violators with a measly fine of
PhP 2,000 to PhP 20,000. While damaged coral reefs would take 25 years or
more to recover, a violator, however, would only get six (6) months to two (2)
years’ time in prison.

RA 8550 is replete with penalties such as these that are not
commensurate to the damage caused, the economic value lost, and habitat
destroyed. In exchange for large sums of money, violators only find these
penalties convenient, a pint in their business investment pie. This defeats the
deterrent function of the penalty.

Thus, there is a need to amend Chapter VI of RA 8550 to consider
prohibitions not covered by the law after fifteen years of implementation, as well
as impose more severe penalties to maintain its deterrent function. After all,
punishment must be commensurate with the crime committed.

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PRYDE HENRY A. TEVES

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worm awNe

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

16" CONGRESS:

1" Regular Session

HOUSE BILL NOBB'7 1.

Introduced by: REP. PRYDE HENRY A. TEVES

AN ACT AMENDING SOME PROVISIONS OF REPUBLIC ACT NO. 8550, OTHERWISE
KNOWN AS THE “PHILIPPINE FISHERIES CODE OF 1998” AND FOR OTHER PURPOSES:

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

Congress assembled:

follows:

SEC. 1.There shall be addedto Section 4 of Republic Act 8550 Items (74) and (75) as

Section 4.Definition of Terms, ~ As used in this Code, the following terms
and phrasés shall mean as follows:

AL XXX

XXX

74. Unreported fishing - refers to fishing activities which have not been
reported, or have been misreported to the Department, in contravention of national laws
and regulations of the Philippines; or undertaken in the area of competence of a relevant
Regional Fisheries Management Organization which have not been reported or have
been misreported, in contravention of the reporting procedures of that organization and

further elaborated by regulations to be promulgated by the Department.


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78. Unregulated fishing - refers to fishing activities in the area of application of
a relevant Regional Fisheries Management Organization that are conducted by vessels
without nationality, or by those flying the flag of the Philippines or other states not party to
that organization, ‘or’ by @ fishing entity, ina manner that is not consistent with or
contravenes’ the conservation and management measures of that organization; or in
areas ‘or fish’ stocks”in’'relation’ to which there are no applicable conservation and
management measures and where such’ fishing activities are ‘conducted in a manner
inconsistent with the’ state responsibilities of the Philippines for the conservation of living

marine resources under international law.

SEC. 2,Section 86, Republic Act No. 8550 is hereby amended to read as follows:

"Section 86, Unauthorized Fishing or Engaging in other Unauthorized

Fisheries Activities. - No person shall exploit, occupy, produce, breed, culture,
capture or gather fish, fry or fingerlings of any fishery species or fishery
products, or engage in any fishery activity in Philippine waters without a
license, lease or permit,

Discovery of any person in an area where he has no permit or
registration papers for a fishing vessel shall constitute a prima facie
presumption that the person and/or vessel is engaged in unauthorized fishing:
Provided, That fishing for daily food sustenance or for leisure which is not for
‘commercial, occupation or livelihood purposes may be allowed

It shall be unlawful for any commercial fishing vessel to fish in bays
and in such other fishery management areas which may herein-after be
declared as over-exploited.

‘Any commercial fishing boat owner and the three (3) highest officers of
the boat who commit any of the above prohibited acts shall,upon conviction, be

punished by A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF



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EXCLUSIVE ECONOMIC ZONES OF OTHER STATES. — IT SHALL BE

UNLAWFUL FOR PHILIPPINE REGISTERED FISHING VESSELS TO

OPERATE IN THEHIGH SEAS, OR IN THE TERRITORIAL SEASAND

EXCLUSIVE ECONOMIC ZONES OF OTHER STATESWITHOUT FIRST

SECURING INTERNATIONAL FISHING PERMIT FROM THE DEPARTMENT.

DISCOVERY OF SUCH FISHING VESSEL IN THE ABOVE-

MENTIONED AREAS WHERE THE SAME HAS NO PERMIT AND/OR

REGISTRATION PAPERS FOR FISHING OR ENGAGING IN OTHER

FISHERY ACTIVITIES THEREIN SHALL CONSTITUTE AS A PRIMA FACIE

PRI ION THAT THE VES ENGAGED IN THE SAID VIOLATION,

IT SHALL ALSO BE UNLAWFUL FOR THE SAID VESSEL TO

COMMIT ACTS THAT ARE IN CONTRAVENTION WITH THE TERMS AND

CONDITIONS STATED IN THE INTERNATIONAL FISHING PERMIT OR AS
MAY BE PROMULGATED BY THE DEPARTMENT,

ANY COMMERCIAL FISHING BOAT OWNER/OPERATOR AND THE

THREE (3) HIGHEST OFFICERS OF THE BOAT WHO COMMIT ANY OF THE

ABOVE PROHIBITED ACTS SHALL, UPON CONVICTION, BE PUNISHED BY

AFINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF CATCH OR FIVE

HUNDRED THOUSAND _ PESOS __(P500,000) _ FORSMALL-SCALE

COMMERCIAL FISHING, ONE MILLION PESOS (P1,000,000) FOR MEDIUM-

SCALE COMMERCIAL FISHING, AND TWO MILLION PESOS (P2,000,000)

FOR LARGE-SCALE COMMERCIAL FISHING, _ RESPECTIVELY,

WHICHEVER IS HIGHER, AND IMPRISONMENT OF FOUR (4) TO SIX (6)

YEARS, CONFISCATION OF CATCH AND FISHING GEARS, AND

AUTOMATIC REVOCATION OF LICENSE, PROVIDED, THAT THE



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CATCH OR FIFTY THOUSAND PESOS (P50,000.00) FOR SMALL-SCALE

COMMERCIAL FISHING, ONE HUNDRED THOUSAND __PESOS

(P100,000.00) FOR MEDIUM-SCALE COMMERCIAL FISHING, AND FIVE

HUNDRED THOUSAND PESOS _(P500,000.00) FOR LARGE-SCALE

COMMERCIAL FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, AND.

IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, confiscation of catch and
fishing gears, and revocation of license, PROVIDED, THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE FINES UPON

DETERMINATION THAT THE PERSON/S HAS VIOLATED THE ABOVE
PROVISION. IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES

THE INT OF THE FINES ABOVEST,

IN THE CASE OF FISHING WITHOUT A LI DOUBLE OF TI
ABOVE ADMINISTRATIVE PENALTIES SHALL BE IMPOSED UPON ANY
PERSON WHO HAS VIOLATED THE ABOVE PROVISION.

It shall be unlawful for any person not listed in the registry of municipal
fisherfolk to engage in any commercial fishing activity in municipal waters. Any
municipal fisherfolk who commits such violation shall be punished by

confiscation of catch and a FINE OF TEN THOUSAND PESOS (P10,000.00).”

SEC. 3.Three new provisions, dubbed as Sections 86-A, 86-B, and 86-C, are hereby

‘added to the existing provisions of this Code. The same shall read as follows

SECTION 86-A. FAILURE TO SECURE INTERNATIONAL FISHING

PERMIT PRIOR TO FISHING OR ENGAGING IN OTHER FISHERIES

ACTIVITIES IN THEHIGH SEAS OR IN THE TERRITORIAL SEASAND



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DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE FINES UPON

DETERMINATION THAT “THE PERSON/S HAS VIOLATED THE ABOVE

PROVISION. IN’ CASE OF A SECOND! OFFENSE, THE FINE SHALL BE

EQUIVALENTTO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE

OF AT-LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE
AMOUNT: OF THE FINES ABOVESTATED.

SECTION 86-B. UNREPORTED FISHING - IT SHALL BE UNLAWFUL

FOR ANY PERSON TO ENGAGE IN UNREPORTED FISHING AS DEFINED IN

SECTION 4 PARAGRAPH 74 OF THIS CODE.
JOLATION JOF “THIS: PROVISION” IN WATERS UNDER THE

NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE OF FIFTY

THOUSAND PESOS (P50,000.00) FOR “SMALL-SCALE COMMERCIAL

FISHING, ONE HUNDRED THOUSAND PESOS (100,000.00) FOR MEDIUM:
SCALE COMMERCIAL FISHING, AND FIVE HUNDRED THOUSAND PESOS
(P500,000,00) "FOR LARGE-SCALE COMMERCIAL FISHING,

SPE! YFOR FFENSE. SECO! FENSE SHALL

BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION OF

LICENSE FOR ONE (1) YEAR, THIRD OFFENSE SHALL BE PENALIZED BY

FIVE TIMES “THE “AMOUNT OF FINE” AND REVOCATION OF

LICENSE,PROVIDED “THAT “THE DEPARTMENT. IS EMPOWERED TO

IMPOSE THE ABOVEMENTIONED FINES AND PENALTIES.

VIOLATION ‘OF THIS PROVISION IN WATERS BEYOND NATIONAL

JURISDICTION SHALL BE PENALIZED BY A FINE OF ONE HUNDRED

THOUSAND PESOS (P100,000.00) FOR SMALL-SCALE COMMERCIAL

FISHING. TWO HUNDRED THOUSAND PESOS (P200,000.00) FOR MEDIUM-

SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS (P1,000.000.00)

FOR LARGE-SCALE COMMERGIAL FISHING, RESPECTIVELY, FOR THE



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FIRST OFFENSE. SECOND OFFENSE SHALL BE PENALIZED BY DOUBLE

THE AMOUNT OF FINE AND SUSPENSION OF LICENSE AND

INTERNATIONAL FISHING PERMIT FOR ONE (1) YEAR. THIRD OFFENSE

SHALL _BE PENALIZED BY FIVE TIMES THE AMOUNT OF FINE AND

REVOCATION OF LICENSE AND INTERNATIONAL FISHING PERMIT,

PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
ABOVEMENTIONED FINES AND PENALTIES.

SECTION 86-C UNREGULATED FISHING — IT SHALL BE UNLAWFUL

FOR ANY PERSON TO ENGAGE IN UNREGULATED FISHING AS DEFINED
TION 4 P) RAPH 75 OF TI DE.

NOLATION OF THIS PROVISION IN WATERS UNDER THE

NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE OF FIFTY
THOUSAND PESOS _(P50,000.00) FOR SMALL-SCALE COMMERCIA\
FISHING, ONE HUNDRED THOUSAND PESOS (P100,000.00) FOR MEDIUM:
SCALE COMMERCIAL FISHING, AND FIVE HUNDRED THOUSAND PESOS

(500,000.00) FOR _ LARGE-SCALE __ COMMERCIAL __FISHING.

RESPECTIVELY, FOR THE FIRST OFFENSE. SECOND OFFENSE SHALL
BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION OF
LICENSE FOR ONE (1) YEAR, THIRD OFFENSE SHALL BE PENALIZED BY

FIVE TIMES THE AMOUNT OF FINE AND REVOCATION OF

LICENSE,PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO

IMPOSE THE ABOVEMENTIONED FINES AND PENALTIES.

VIOLATION OF THIS PROVISION IN WATERS BEYOND NATIONAL

JURISDICTION SHALL BE PENALIZED BY A FINE OF ONE HUNDRED

THOUSAND PESOS (P100,000.00) FOR SMALL-SCALE COMMERCIAL



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FISHING, TWO HUNDRED THOUSAND PESOS (P200,000.00) FOR MEDIUM:

SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS (P1,000,000.00)

FOR LARGE-SCALE COMMERCIAL FISHING, RESPECTIVELY, FOR THE

FIRST OFFENSE. SECOND OFFENSE SHALL BE PENALIZED BY DOUBLE

THE AMOUNT OF FINE AND SUSPENSION OF LICENSE AND

INTERNATIONAL FISHING PERMIT FOR ONE (1) YEAR. THIRD OFFENSE

SHALL BE PENALIZED BY FIVE TIMES THE AMOUNT OF FINE AND

REVOCATION OF LICENSE AND INTERNATIONAL FISHING PERMIT,

PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE

\VEMENTIONED FINE! ENALTI

SEC. 4,Section 87, Republic Act No, 8550 is hereby amended to read as follows:

“Section 87. Poaching in Philippine Waters.- It shall be unlawful for any
foreign person, corporation or 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 a fine of FIVE HUNDRED
THOUSAND U.S, DOLLARS (US$500,000.00), in addition to the co

of its catch, fishing equipment and fishing vessel: Provided, that the

ation

Department is empowered to impose an administrative fine of not less than

TWO HUNDRED THOUSAND U.S. DOLLARS (US$200,000.00) BUT NOT

MORE THAN THREE HUNDRED THOUSAND U.S. DOLLAR’

'US$300,000.00) or its equivalent in the Philippine Currency."IN CASE OF A
SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES

THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD



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OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES

ABOVESTATED.

SEC. 5.Section 88, Republic Act No. 8550 is hereby amended to read as follows:
“Section 88. Fishing Through Explosives, Noxious or Poisonous

‘Substance, and/or Electricity

(1) It shall be unlawful for any person to catch, take or gather or

cause to be caught, taken or gathered, fish or any fishery species in Philippine
waters with the use of electricity, explosives, noxious or poisonous substance
such as sodium cyanide in the Philippine fishery areas, which wil kill, stupety,
disable or render unconscious fish or fishery species: Provided, that the
Department, subject to such safeguards and conditions deemed necessary
and endorsement from the concerned LGUs may allow, for research,
educational or scientific purposes only, the use of electricity, poisonous or
noxious substances to catch, take or gather fish or fishery species: Provide,
further, that the use of poisonous or noxious substances to eradicate predators
in fishponds in accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters and grounds
shall not be construed as illegal fishing,

It will likewise be unlawful for any person, corporation or entity to
possess, deal in, sell or in any manner dispose of, any fish or fishery species
which have been illegally caught, taken or gathered.

The discovery of dynamite, other explosives and chemical compounds
Which contain combustible elements, or noxious or poisonous substances, or
equipment or device for electro-fishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall

constitute a prima facie evidence, that the same was used for fishing in


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

(2)Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by imprisonment

ranging from TWO (2) TO SIX (6) YEARS, PROVIDED THAT THE

DEPARTMENT IS EMPOWERED TO IMPOSE A FINE RANGING FROM

FIVE THOUSAND PESOS (P5,000) UP TO FIVE HUNDRED THOUSAND

PESOS (P500,000), WITHIN SIX MONTHS FROM THE EFFECTIVITY OF

THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY

GRADUATION OF PENALTIES DEPENDING ON THE NUMBER OF

EXPLOSIVE DEVICES, AMOUNT OR VOLUME OF NOXIOUS AND

POISONOUS SUBSTANCES AND NUMBER OF _ELECTROFISHING

DEVICES AND THE FREQUENCY OF VIOLATIONS.

(3)Actual use of explosives, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by imprisonment
ranging from TWENTY (20) TO TWENTY-FIVE (25) YEARS without prejudice
to the filing of separate criminal cases when the use of the same result to
physical injury or loss of human life, In cases when death or physical injuries
results from the use of explosives, noxious or poisonous substances or
electrofishing devices, the maximum penalty provided above shall be imposed,

PROVIDED THAT THE DEPARTMENT ISEMPOWERED TO IMPOSE A FINE

RANGING FROM TEN THOUSAND PESOS (P10,000) UP TO ONE MILLION

PESOS (P1,000,000), WITHIN SIX MONTHS FROM THE EFFECTIVITY OF

THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY



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GRADUATION OF PENALTIES DEPENDING ON THE NUMBER OR

FREQUENCY OF VIOLATIONS.

(4)Possessing, dealing in, selling, or in any manner disposing of, for
profit, illegally caughtgathered fisheries species shall be punished by

imprisonment ranging from FOUR (4) TO EIGHT (8) YEARS. PROVIDED

‘THAT THE DEPARTMENT |S EMPOWERED TO IMPOSE A FINE RANGING

FROM FIVE THOUSAND PESOS (P5,000) UP TO FIVE HUNDRED

THOUSAND PESOS (P500,000), WITHIN SIX MONTHS FROM THE

EFFECTIVITY OF THIS LAW, THE DEPARTMENT SHALL PROMULGATE

THE NECESSARY GRADUATION OF PENALTIES DEPENDING ON THE

NUMBER, VOLUME, OR VALUE OF THE ILLEGALLY CAUGHT/GATHERED

FISHERY SPECIES AND THE FREQUENCY OF VIOLATIONS

(5)In all cases enumerated above, the explosives, noxious or
poisonous substances and/or electrical devices, as well as the fishing vessels,

fishing equipment and catch shall be forfeited.”

SEC. 6.Section 89, Republic Act No. 8550 is hereby amended to read as follows:

“Section 89, Use of Fine Mesh Net. - It shall be unlawful to engage in
fishing using nets with mesh smaller than that with which may be fixed by the
Department: Provided, that the prohibition on the use of fine mesh net shall not
apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species, which by their nature, are small but already mature to be identified in
the implementing rules and regulations by the Department.

Violation of the above shall subject the offender to A_FINE

EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH OR TEN

THOUSAND PESOS (P10,000.00) FOR THOSE ENGAGED IN MUNICIPAL

FISHING, TWENTY-THOUSAND PESOS __(P20,000.00) _FORTHOSE



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ENGAGED IN SMALL-SCALE COMMERCIAL FISHING, FIFTY THOUSAND

PESOS _(P50,000.00) FOR THOSE ENGAGED IN _MEDIUM-SCALE

COMMERCIAL FISHING, AND ONE HUNDRED THOUSAND PESOS

(P100,000.00) FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL

FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT

FROM FOUR (4) TO SIX (6) YEARS: Provided, that if the offense is committed
by a commercial fishing vessel, the boat captain and the master fisherman

shall also be subject to the penalties herein: Provided, further, that the

owner/operator of the commercial fishing vessel who violates this provision
shall be subjected to the same penalties provided herein: Provided, finally, that
the Department is hereby empowered to impose upon the offender an

ADMINISTRATIVE FINE EQUIVALENT TO THE ABOVE-MENTIONED

AMOUNT and/or cancel his permit or license or both. IN CASE OF A SECOND
OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE

AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE,

THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVESTATED.

SEC. 7.Section 90, Republic Act No. 8550 is hereby amended to read as follows:

"Section 90. Use of Active Gear in the Municipal Waters and Bays and

Other Fishery Management Areas, - It shall be unlawful to engage in fishing in
municipal waters and in all bays as well as other fishery management areas
using active fishing gears as defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(1) The owner/operator, boat captain, and master fisherman of the

vessels who participated in the violation shall suffer the penalty of fine


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equivalent to three (3) times the value of the catch or FIFTY THOUSAND,

PESOS _ (P50,000.00)FOR THOSE ENGAGED _IN SMALL-SCALE

COMMERCIAL FISHING, ONE HUNDRED THOUSAND PESOS

(P100,000.00) FOR THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL

FISHING, AND FIVE HUNDRED THOUSAND PESOS (P500,000.00) FOR

THOSE ENGAGED _IN__LARGE-SCALE COMMERCIAL FISHING,

RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT FROM

IX_(6) YEARS TO TWELVE (12) YEARS, PROVIDED THAT THE

DEPARTMENT IS ALSO EMPOWERED TO. IMPOSE THE

BOVEMENTION! FINES AND TO SUSPEND OR REVOKE THE
LICENSE FOR COMMERCIAL FISHI

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
Nu i IVE TIMI
THE AMOUNT OF THE FINES ABOVESTATED,
If the owner/operator OF THE FISHING VESSEL is a corporation, the

penalty shall be imposed on the chief executive officer of the corporation. If the
owner/operator is a partnership the penalty shall be imposed on the managing
partner.

(2) The catch shall be confiscated and forfeited.”

SEC. 8.Section 91, Republic Act No. 8550 is hereby amended to read as follows:

“Section 91. Ban on Coral Exploitation and Exportation. - It shall be
unlawful for any person or corporation to gather, possess, sell or export
ordinary precious and semi-precious corals, whether raw or processed form,

except for scientific or research purposes


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Violations of this provision shall be punished by IMPRISONMENT

FROM FOUR (4) YEARS TO SIX (6) YEARS AND A FINE EQUIVALENT TO

THREE TIMES THE VALUE OF THE CORALS GATHERED, POSSESSED,

SOLD, AND/OR EXPORTED OR FIVE HUNDRED THOUSAND PESOS

500,000.00), whichever is higher, or both such fine and imprisonment, at the
discretion of the court, and forfeiture of the subject corals, including the vessel
‘and its proper disposition, PROVIDED THAT THE DEPARTMENT IS

ERED TO IMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A

SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIME!

THE AMOUNT OF THE PENALTIES, IN CASE OF AT LEAST A THIRD

OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVESTATED,

‘The confiscated corals shall either be returned to the sea or donated to

schools and museums for educational or scientific purposes or disposed

through other means.”

SEC. 9.Section 92, Republic Act No. 8550 is hereby amended to read as follows:

“Section 92. Ban on Muro-Ami, Other Methods and Gear Destructive

to Coral Reefs and Other Marine Habitat. - It shall be unlawful for any person,
natural or juridical, to fish with gear method that destroy coral reefs, seagrass
beds, and other fishery marine life habitat as may be determined by the
Department. “Muro-Ami” and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to pound the
coral reefs and other habitat to entrap, gather or catch fish and other fishery
species are also prohibited

THE OWNER/OPERATOR OF THE FISHING VESSEUS, BOAT

CAPTAIN, MASTER FISHERMAN, AND RECRUITER OR ORGANIZER OF



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FISHWORKERS WHO VIOLATE THIS PROVISION SHALL SUFFER A

PENALTY OF EIGHT (8) YEARS TO TWELVE (12) YEARS IMPRISONMENT

AND A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF THE FISH

CAUGHT THROUGH THE SAID FISHING OPERATION OR TWO MILLION

PESOS (P2,000,000.00), WHICHEVER IS HIGHER. The catch and gear used

shall be confiscated, PROVIDEDTHAT THE DEPARTMENT 1S EMPOWERED

TO IMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A SECOND

OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE

AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE,

THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINE’
ABOVESTATED.

It shall likewise be unlawful for any person or corporation to gather,

sell or export white-sandCORALSAND, CORAL FRAGMENTS, CORAL
ROCKS, silica, pebbles OR any other substances which make up any marine

habitat.
The person or corporation who violates this provision shall suffer A

PENALTY OF EIGHT (8) YEARS TO TWELVE (12) YEARS IMPRISONMENT

AND A FINE EQUIVALENT TO THREE TIMES THE VALUE OF THE CORAL

SAND, CORAL FRAGMENTS, CORAL ROCKS, SILICA, OR PEBBLES

GATHERED, SOLD, OR EXPORTED OR TWO MILLION PESOS

(P2,000,000.00), WHICHEVER IS HIGHER. The substance taken from its
marine habitat shall be confiscated. THE DEPARTMENT IS EMPOWERED TO
IMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A SECOND

OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE

AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE,

THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES

ABOVESTATED.


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SEC. 10.Section 93, Republic Act No. 8550 is hereby amended to read as follows:

“Section 93., Illegal Use of Superiights. - It shall be unlawful to engage
in fishing with the use of superlights in municipal waters or in violation of the
rules and regulations which may be promulgated by the Department on the
use of superlights outside municipal waters.

Violations of this provision shall be punished by IMPRISONMENT

FROM FOUR (4) YEARS TO SIX (6) YEARS AND A FINE OF TWENTY

THOUSAND PESOS (P20,000,00) PER SUPERLIGHT. The superlight, fishing
gears and vessel shall be confiscated. THE DEPARTMENTIS EMPOWERED
TOIMPOSE THE ABOVEMENTIONED FINE.IN CASE OF A SECOND

OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE

AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE.

THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVESTATED,

SEC. 11.Section 95, Republic Act No. 8550 is hereby amended to read as follows:

“Section 95. Fishing in Overfished Area and During Closed Season. - It

shall be unlawful to fish in overfished area and during closed season
Violation of the provision of this section shall be punished by

IMPRISONMENT OF FOUR (4) YEARS TO SIX (6) YEARS AND A FINE

EQUIVALENT TO THREE TIMES THE VALUE OF THE FISH CATCH OR

TEN THOUSAND PESOS (P10,000.00), FOR THOSE ENGAGED _IN

MUNICIPAL FISHING, FIFTY-THOUSAND PESOS (50,000.00) FOR THOSE

ENGAGED IN SMALL-SCALE COMMERCIAL FISHING, ONE HUNDRED

THOUSAND PESOS (P100,000.00) FOR THOSE ENGAGED IN MEDIUM-



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SCALE COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND PESOS

(P200,000.00) FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL

FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, the forfeiture of the

catch, and the cancellation of fishing permit or license, PROVIDED THAT THE

DEPARTMENTIS EMPOWERED TO “IMPOSE THE ABOVEMENTIONED

FINES AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL

FISHING.

INCASE OFA SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT ‘TO TWO_TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT LEAST/A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES

THI UNT- OF THE FINES ABOVESTATI

SEC. 12.Section 96, Republic Act No, 8550 Is hereby amended to read as follows:

“Section 96. hing in Fi Reserves sfuge al nctuarie
shall be unlawful to fish in fishery areas declared by the Department as fishery
reserves, refuge and sanctuaries.

Violation of the provision of this section shall be punished by

imprisonment of FOUR (4) YEARS TO SIX (6) YEARS AND_A FINE

EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH OR TEN

THOUSAND PESOS (P10,000.00) FOR THOSE ENGAGED IN MUNICIPAL

FISHING, FIETY-THOUSAND PESOS (P50,000.00), FOR THOSE ENGAGED

IN SMALL-SCALE COMMERCIAL FISHING, ONE HUNDRED THOUSAND

PESOS _(P100,000.00) FOR THOSE ENGAGED IN MEDIUM-SCALE

COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND PESOS

(P200,000,00) FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL

FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, the forfeiture of the



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catch, and the cancellation of fishing permit or license, PROVIDED THAT THE

DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVEMENTIONED

FINES AND ‘TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL
FISHING.
INCASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT. TO“ TWO TIMES “THE AMOUNT OF THE PENALTIES. IN

CASE\OF ATLEAST/A THIRD OFFENSE. THE FINE SHALL BE FIVE TIMES

THE AMOUNT OF THE FINES ABOVESTATED.

‘SEC.13,Section 98, Republic Act No. 8550 is hereby amended to read as follows:

“Section 98. Capture of Sabalo and Other Breeders/Spawners. - It shall
be unlawful for any person to catch, gather, capture or possess mature milkfish
or “sabalo" and such other breeders or spawners of other fishery species as
may be determined by the Department: Provided, that catching of sabalo and
other breeders/spawners for local breeding purposes or scientific or research
purposes may be allowed subject to guidelines to be promulgated by the
Department.

Violation of the provision of this section shall be punished by

IMPRISONMENT OF FOUR (4) YEARS TO EIGHT (8) YEARS AND A FINE

EQUIVALENT TO THREE TIMES THE VALUE OF THE “SABALO", OTHER

BREEDERS, OR SPAWNERS GATHERED OR CAPTURED OR TWO

HUNDRED THOUSAND PESOS (P200,000.00), WHICHEVER |S HIGHER,

and the forfeiture of the catch, and fishing equipment used and revocation of

license, PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO

IMPOSE THE ABOVEMENTIONED. FINES AND TO SUSPEND OR REVOKE

THE LICENSE FOR COMMERCIAL FISHING.


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IN-CASE_OF “A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT. LEASTA THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES

THE AMOUNT OF THE FINES ABOVESTATED.

SEC. 14.Section 99, Republic Act No. 8550 is hereby amended to read as follows:

“Section 99. Exportation of Breeders, Spawners, Gags or Fry, -

Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall

be punished by IMPRISONMENT OF EIGHT (8) YEARS TO TEN (10) YEARS,

CONFISCATION OF THE SAME AND A FINE EQUIVALENT TO THREE

TIMES THE VALUE OF THE BREEDERS, SPAWNERS. EGGS, OR FRY

EXPORTED OR FIVE HUNDRED THOUSAND PESOS (P500,000.00),
WHICHEVER IS HIGHER, and the revocation of the fishing LICENSEAND/OR
SUSPENSION ‘OR’ REVOCATION ‘OF REGISTRATION AS EXPORTER,
PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
BOVEMENTIONED' FINES |AND ‘TO’ SUSPEND OR’ REVOKE THE
LICENSE ‘FOR’ COMMERCIAL “FISHING “AND “THE REGISTRATION AS
EXPORTER

INU CASE OF A “SECOND “OFFENSE. “THE FINE SHALL BE

EQUIVALENT OF UP‘TO TWO TIMES THE AMOUNT OF THE PENALTIES.

INCASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBE FIVE

TIMES THE AMOUNT OF THE FINES ABOVESTATED.

FAILURE_ON THE PART OF THE SHIPPING COMPANY FROM

WHOSE POSSESSION THE BREEDERS, SPAWNERS, EGGS, OR FRY

ARE DISCOVERED OR SEIZED TO FULLY COOPERATE IN THE



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INVESTIGATION CONDUCTED BY CONCERNED GOVERNMENT

AUTHORITIES ON THE MATTER SHALL CREATE A _LEGAL

PRESUMPTION THAT THERE IS CONNIVANCE OR CONSPIRACY

BETWEEN THE SHIPPING COMPANY AND THE SHIPPER TO

PERPETRATE THE AFOREMENTIONED OFFENSE.”

SEC. 15.Section 100, Republic Act No. 8550 is hereby amended to read as follows:

"Section 100. Importation or Exportation of Fish or Fishery Species, -

‘Any importation or exportation of fish or fisheries species in violation of this
Code shall be punished by EIGHT (8) TO TEN (10) YEARS Of
IMPRISONMENT, A FINE EQUIVALENT TO THREE TIMES THE VALUE OF

THE FISH OR FISHERY SPECIES IMPORTED OR EXPORTED OR FIVE

HUNDRED THOUSAND PESOS (P500,000.00), WHICHEVER |S_HIGHER,

AND THE DESTRUCTION OF LIVE FISHERY SPECIES OR FORFEITURE

OF NON-LIVE FISHERY SPECIES IN FAVOR OF THE DEPARTMENT FOR

ITS PROPER DISPOSITION: Provided, that violator of this provision shall be
banned from being members or stock holders of companies currently engaged
in fisheries or companies to be created in the future, the guidelines for which
shall be promulgated by the Department, PROVIDED FINALLY THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVEMENTIONED

FINES AND TO SUSPEND OR REVOKE THE REGISTRATION AS
IMPORTER OR EXPORTER,

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES

THE AMOUNT OF THE FINES ABOVESTATED.



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FAILURE ON THE PART OF THE SHIPPING COMPANY FROM

WHOSE POSSESSION THE FISH OR FISHERY SPECIES IMPORTED OR

EXPORTED ARE DISCOVERED OR SEIZED TO FULLY COOPERATE IN THE

INVESTIGATION CONDUCTED _BY __ CONCERNED _GOVERNMENT

AUTHORITIES ON THE MATTER SHALL CREATE A LEGAL PRESUMPTION

THAT THERE IS CONNIVANCE OR CONSPIRACY BETWEEN THE

HIPPING COMPANY AND THE SHIPPER TO PERPETRATE THE

AFOREMENTIONED OFFENSE.”

SEC. 16.Section 101, Republic Act No, 8550 is hereby amended to read as follows

“Section 101. Violation of Catch Ceilings. - It shall be unlawful for any
person to fish in violation of catch ceilings as determined by the Department.
Violation of the provision of this section shall be punished by A FINE
EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH TAKEN IN

VIOLATION OF THIS PROVISION OR TEN THOUSAND PESOS

(P10,000.00) FOR THOSE ENGAGED IN MUNICIPAL FISHING, FIFTY-

THOUSAND PESOS (P50,000,00) FOR THOSE ENGAGED IN_SMALL-

SCALE COMMERCIAL FISHING, ONE HUNDRED THOUSAND PESOS

(P100,000.00) FOR THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL

FISHING, AND TWO HUNDRED THOUSAND PESOS (P200,000.00) FOR

THOSE ENGAGED _IN__LARGE-SCALE COMMERCIAL FISHING,

RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT FROM

FOUR (4) TO SIX (6) YEARS, and forfeiture of the catch, and fishing
equipment used and revocation of license, PROVIDED THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVEMENTIONED



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FINES AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL

FISHING.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBE FIVE TIMES

THE AMOUNT OF THE FINES ABOVESTATED.

SEC. 17.Section 102, Republic Act No. 8550 is hereby amended to read as follows:

“Section102. Aquatic Pollution. - Aquatic pollution, as defined in this
Code shall be unlawful
Violation of the provision of this section shall be punished by

imprisonment of TWELVE (12) YEARS TO TWENTY (20) YEARS AND A

FINE OF FIVE HUNDRED THOUSAND PESOS (P500,000.00) TO TWO
MILLION PESOS (P2,000,000), plus an additional fine of TWENTY
‘THOUSAND PESOS (P20,000,00) per day until such violation ceases and the
fines paid, PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO
IMPOSE THE ABOVEMENTIONED FINES AND TO ISSUE A CEASE AND
DESIST ORDER TO THE VIOLATOR,

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT OF UP TO TWO TIMES THE AMOUNT OF THE PENALTIES.

IN CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBE FIVE

TIMES THE AMOUNT OF THE FINES ABOVESTATED.

SEC. 18.Section 103, Republic Act No, 8550 is hereby amended to read as follows:


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“Section103. Other Violations. - The following fisheries activities shall
also be considered as a violation of this Code:

a Failure to Comply with Minimum Safety Standards. - The owner
and captain of a commercial fishing vessel engaged in fishing who, upon
demand by proper authorities, fails to exhibit or show proof of compliance with
the safety standards provided in this Code, shall be immediately prevented from
continuing with his fishing activity and escorted to the nearest port or landing
point. The license to operate the commercial fishing vessel shall be suspended

Until the safety standard has been complied

b Failure to Conduct a Yearly Report on all Fishponds, Fish Pens
and Fish Cages. - The FLA OR OTHER TENURIAL INSTRUMENTof the holder

who fails to render a yearly report shall be immediately canceled: Provided, That
if the offender be the owner of the fishpond, fish pen or fish cage, he shall be
subjected to the following penalties: (1) fist offense, a fine of TWO THOUSAND
PESOS(P2,000,00) per unreported hectare; (2) subsequent offenses, a fine of
FIVE THOUSAND PESOS. (P5,000.00) per unreported hectare.

Cc. Gathering and Marketing of Shell Fishes. - It shall be unlawful for
any person to take, sell, transfer, or have in possession for any purpose any
shell fish which is sexually mature or below the minimum size or above the
maximum quantities prescribed for the particular species.

d. Obstruction to Navigation or Flow and Ebb of Tide in any
Stream, River, Lake or Bay. - It shall be unlawful for any person who causes
obstruction to navigation or flow of ebb of tide.

e. Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cages. - It shall be unlawful to construct and operate fish corrals/traps,

fish pens and fish cages without a license/permit.


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Subject to the provision of the subparagraph (b) of this section, violation
of the above-enumerated prohibited acts shall subject the offender to a FINE

RANGING FROM TEN THOUSAND PESOS (P10,000.00) TO THIRTY

THOUSAND PESOS (P30,000.00) AND IMPRISONMENT FROM SIX_(6)
MONTHS TO ONE (1) YEAR: Provided, that the Secretary is hereby

‘empowered to impose upon the offender an administrative fine of not more than

FIFTY THOUSAND PESOS (P50,000.00) or to cancel his permit or license, or to.

impose such fine and to cancel his permit or license, in the discretion of the

Secretary; Provided, further, that the Secretary, or his duly authorized
representative, and law enforcement agents are hereby empowered to impound
with the assistance of the Philippine Coast Guard, PNP-Maritime
Command: Provided, finally, that any person who unlawfully obstructs or delays
the inspection and/or movement of fish and fishery/aquatic products when such
inspection and or movement is authorized under this Code, shall be subject to a
fine of not more than THIRTY THOUSAND. P30,000.00) or
imprisonment of not more than two (2) years, or both such fine and
imprisonment, upon the discretion of the Court.

Every penalty imposed for the commission of an offense shall carry with
it the forfeiture of the proceeds of such offense and the instruments or tools with
which it was committed.

Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be the property of a third
person not liable for the offense, but those articles which are not subject of
lawful commerce shall be destroyed

PROVIDED THAT THE DEPARTMENT IS_ALSO_EMPOWEREDTO

IMPOSE THE ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE

THE PERMIT OR LICENSE.



638 IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

639 EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
640 CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIME!

641 ‘THE AMOUNT OF THE FINES ABOVESTATED.

642

643

644 SEC. 19.Section 104, Republic Act No. 8550 is hereby amended to read as follows:
645

646 "Section 104. Commercial _Fishing Vessel Employin:

647 Unlicensed Fisherfolk or Fishworker or Crew.- The owner/operator of a
648 commercial fishing vessel employing unlicensed fisherfolk or fishworker shall
649 be fined with TWO THOUSAND PESOS (P2,000,00) EACH FOR EVERY
650 MONTH THAT THE SAME HAS BEEN EMPLOYED AND/OR THREE
651 THOUSAND PESOS (P3,000.00) FOR EVERY MONTH FOR EACH
652 UNLICENSED CREW MEMBER WHO HAS BEEN EMPLOYED, PROVIDED
653 THATTHE DEPARTMENT __IS_EMPOWERED TO IMPOSE THE
654 ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE THE
655 LICENSE FOR COMMERCIAL FISHING.

656

657 IN CASE OF ECOND OFFENSE, THE FINE SHALL BE
658 EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
659 CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIME!

660 ‘THE AMOUNT OF THE FINES ABOVESTATED.

661

662

663 SEC. 20.A new provision, dubbed as Section 104-A, is hereby added to the existing

664 provisions of this Code. The same shall read as follows:


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“SECTION 104-A, COMMERCIAL FISHING VESSEL OPERATORS

EMPLOYING UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO

FISH OR ENGAGE IN OTHER FISHERIES ACTIVITIES _INTHE

INTERNATIONAL WATERS, OR IN THE TERRITORIAL SEASAND.

EXCLUSIVE ECONOMIC ZONES __OF _OTHER __STATES.-THE

OWNER/OPERATOR OF A COMMERCIAL FISHING VESSEL EMPLOYING

UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO FISH IN THE

INTERNATIONAL WATERS, OR IN THE TERRITORIAL _SEASAND

EXCLUSIVE ECONOMIC ZONES OF OTHER STATESSHALL BE FINED

WITH TEN THOUSAND PESOS (P10,000.00) FOR EVERY MONTH FOR

EACH UNLICENSED FISHERFOLK/FISHWORKER OR CREW THAT THE

SAME HAS BEEN EMPLOYED, PROVIDED THAT THE DEPARTMENT |

EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES AND TO

SUSPEND OR REVOKE THE INTERNATIONAL FISHING PERMIT.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN

CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIME!

‘THE AMOUNT OF THE FINES ABOVESTATED,

SEC. 21.Section 105, Republic Act No. 8550 is hereby amended to read as follows:

“Section 105. Obstruction of Defined Migration Paths. - Obstruction of
any defined migration paths of anadromous, catadromous and other migratory
‘species, in areas including, but not limited to river mouths and estuaries within
a distance determined by the concerned FARMCs shall be punished by

IMPRISONMENT OF EIGHT (8) YEARS TO TWELVE (12) YEARS AND A



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FINE FROM ONE HUNDRED FIFTY THOUSAND PESOS (P150,000.00) TO

FIVE HUNDRED THOUSAND PESOS (P500,000.00), and cancellation of

permitlicense, if any, and dismantling of obstruction shall be at his own

expense and confiscation of same, PROVIDED THAT THE DEPARTMENT
1S EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES

INCLUDING THE DISMANTLING OF THE OBSTRUCTION AND THE
SUSPENSION OR REVOCATION OF PERMIT OR LICENSE.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE

EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALLBEFIVE TIME!

THI IT OF THE FINES ABOVESTATED,

SEC, 22,Section 106, Republic Act No, 8550 is hereby amended to read as follows

“Section 106. Obstruction to Fishery Law Enforcement Officer. - The

boat owner, master or operator or any person acting on his behalf of any
fishing vessel who evades, obstructs or hinder any fishery law enforcement
officer of the Department to perform his duty, shall be PENALIZED WITH

IMPRISONMENT OF SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF

FIFTY THOUSAND PESOS (P50,000.00) TO TWO HUNDRED THOUSAND

PESOS (P200,000,00)PROVIDED THAT THE DEPARTMENT _1S

EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES. IN CASE OF
A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES

THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD

OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES

ABOVESTATED.


71 In addition, the registration, permit and/or license of the vessel

722 including the license of the master fisherman shall be canceled.”

723 SEC. 23. OTHER VIOLATIONS ~ VIOLATION OF ANY OTHER PROVISION
724 OF THIS CODE, OR OF ANY RULE OR REGULATION ALREADY EXISTING.
725 OR WHICH MAYBE PROMULGATED PURSUANT TO THIS CODE SHALL
726 SUBJECT THE OFFENDER TO A FINE OF THIRTY THOUSAND PESOS
RI (P30,000) TO THREE HUNDRED THOUSAND PESOS (P300,000) OR
28 IMPRISONMENT FROM SIX MONTHS TO FOUR YEARS OR BOTH SUCH
729 FINE OR IMPRISONMENT INTHE DISCRETION OF THE
730 COURT. PROVIDED THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
731 ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE THE
732 LICENSE, PERMIT OR REGISTRATION.

733

734 ‘SEC. 24. A new chapter on legal, administrative and quasi-judicial actions, dubbed as

735 Chapter VI-A, covering provisions from Sections 106-A to 106-F, is hereby added to the existing

736 provisions of this Code. The same shall read as follows:

737

738 “CHAPTER VI-A

739 ADMINISTRATIVE ACTIONS

740

741 SECTION 106-A, ADMINISTRATIVE ACTION. - THE DEPARTMENT
742 SHALL, ON ITS OWN INSTANCE OR UPON VERIFIED COMPLAINT BY
743 ANY PERSON, INSTITUTE ADMINISTRATIVE PROCEEDINGS AGAINST
744 ANY PERSON WHO COMMITS THE ABOVE-MENTIONED VIOLATIONS.

745

746 SECTION 106-8. ADMINISTRATIVE AUTHORITY _OF THE
747 DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE TO ORDER

748 CONFISCATION — IN ALL CASES OF VIOLATION OF THIS ACT OR OTHER



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FISHERY LAWS, RULES AND REGULATIONS, THE DIRECTOR OR HIS

DULY AUTHORIZED _ REPRESENTATIVE, MAY ORDER _THE

CONFISCATION AND FORFEITURE OF ANY FISH, FISHERY SPECIES OR

AQUATIC_RESOURCES ILLEGALLY CAUGHT, TAKEN OR GATHERED,

AND ALL GEARS AND VESSELS USED IN THE COMMISSION OF THE

OFFENSE INFAVOR OF THE DEPARTMENTAND TO DISPOSE OF THE

SAME _IN__ACCORDANCE WITH PERTINENT __LAWS, RULES.

REGULATIONS AND POLICIES ON THE MATTER,

SECTION 106-C. REWARD TO INFORMANTS AND THOSE WHO

ASSISTED IN THE FISHERY LAW ENFORCEMENT — ANY PERSON WHO.

PROVIDED INFORMATION FOR, OR ASSISTED, IN THE APPREHENSION

‘AND CONVICTION OF A PERSON FOR THE VIOLATION OF THIS ACT OR

OTHER FISHERY LAWS, RULES AND REGULATIONS, OR THE

CONFISCATION AND FORFEITURE OF FISH, FISHERY SPECIES, OTHER

AQUATIC RESOURCES, VESSEL, GEARS AND CONVEYANCES, SHALL

BE GIVEN A REWARD IN THE AMOUNT OF TWENTY PERCENT (20%) OF

THE PROCEEDS OF THE CONFISCATION AND FORFEITURE OR OF THE

ADMINISTRATIVE FINES COLLECTED BY THE BUREAU.FOR THIS

PURPOSE, THE DEPARTMENT SHALL PROMULGATE THE RULES AND

REGULATIONS FOR THE GRANTING OF THIS REWARD.

ECTION 106-D, INDEPENDENCE OF ADMINISTRATIVE ACTION -

THE FILING OF AN ADMINISTRATIVE ACTION AGAINST A PERSON OR
ENTITY THAT COMMITED THE ABOVE-MENTIONED VIOLATIONS DOES

NOT PRECLUDE THE FILING OF CRIMINAL AND CIVIL ACTION AGAINST

THE SAME, SUCH ACTION SHALL PROCEED INDEPENDENTLY.



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SECTION 106-£. LIEN UPON PERSONAL AND _IMMOVABLE

PROPERTIES OF VIOLATORS. - FINES AND PENALTIES IMPOSED

PURSUANT TO THIS ACT SHALL CONSTITUTE AS LIENS UPON THE

PERSONAL AND IMMOVABLE PROPERTIES OF THE VIOLATOR,

SECTION 106-F, POWER TO ISSUE CEASE AND DESIST ORDERS

AND TO SUMMARILY EJECT WITHOUT THE NECESSITY OF JUDICIAL

ORDER.-THE DEPARTMENT SHALL, SUBJECT TO THE REQUIREMENTS

OF ADMINISTRATIVE DUE PROCESS, HAVE THE POWER TO ISSUE

CEASE AND DESIST ORDER/S UPON VIOLATOR/S AND TO SUMMARILY.

EJECT, WITHOUT THE NECESSITY OF JUDICIAL ORDER, THE HOLD!
OF FLA, OTHER TENURIAL INSTRUMENT, PERMIT OR LICENSE FROM

AREASOF THE PUBLIC DOMAIN COVERED BY SUCH FLA, TENURIAL

INSTRUMENT, PERMIT OR LICENSE.”

SEC. 25.ESCALATION CLAUSE, - THE FINE HEREIN PRESCRIBED SHALL BE
INCREASED BY AT LEAST TEN PERCENT (10%) EVERY THREE (3) YEARS TO
COMPENSATE FOR INFLATION AND TO MAINTAIN THE DETERRENT FUNCTION OF SUCH
EINES.

SEC. 26.Repealing Clause. - All laws, decrees, executive orders and rules and
regulations or part thereof, which are inconsistent with this Code, are repealed or modified

accordingly.

SEC. 27.Separability Clause. — If any portion of this Code is declared unconstitutional or
invalid, the portions or provisions thereof, which are not affected thereby, shall continue in full

force and effect.


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SEC. 28.Effectivity.- This Act shall take effect fifteen (15) days following its complete

publication in at least two (2) newspapers of general circulation.

APPROVED,