Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

EXPLANATION

This bill reenacts House Bill No. 4250 which has been approved by
the 14" Congress of the House of Representatives on 11 June 2008
and was transmitted to and received by the Senate on 17 June 2008.

The Republic Act 8550, better known as Fisheries Code of the
Philippines of 1998, though enacted in recent years, has been found to
be unrealistic, inadequate and does not take into consideration new
developments in aquaculture. This observation was sternly and
resoundingly aired in a seminar on Business Opportunities in Aquaculture
held on the occasion of the 30” anniversary of the Aquaculture
Department of the Southeast Asean Fisheries Development Center
(SEAFDEC/AQD) held in Iloilo City on the 7 - 8 of July, 2003. While
the seminar was not about RA No. 8550, some of its provisions were
lengthily discussed by those who have invested in the culture of
seahorse, a marine animal listed in the Convention of the International
Trade in Endangered Species of Wild Fauna and Flora (CITES). When the
subject on the oppressive tendencies of Sec. 97 of R.A. No. 8550 was
brought out in the open forum, the delegates which included government
officials, aquaculture stakeholders, foreign participants in their private
capacities and Scientists of the Aquaculture Department of the SEAFDEC,
drafted a resolution which was sent to Senators and members of the
House of Representatives of the 12" Congress preparing amendments to
said law.

The following observations were abstracted from their Resolution.
They state:

“WHEREAS, Republic Act 8550 otherwise known as the
Fisheries Code of the Philippines of 1998 was enacted for the
development, management, and conservation of the fisheries
and aquatic resources of the Philippines;

WHEREAS, Section 97 of RA 8550 states that “it shall be
unlawful to fish or take rare, threatened or endangered
species as listed in the CITES” (Convention on the



International Trade in Endangered Species of Wild Fauna and
Flora), thus penalizing such acts under pain of imprisonment
and fine;

WHEREAS, the inclusion of species in the CITES list is for the
purpose of regulating international trade in specimens of
these selected species by developing a licensing system to
insure that their trade is sustainable;

WHEREAS, many marines species of the Philippines such as
the giant clams (genus Tridacna), corals, whale sharks among
other local wild fauna are presently listed in CITES and soon
seahorses (genus Hippocampus) in May 2004;

WHEREAS, SEAFDEC/AQD and other government agencies
have been successful in the development of technologies for
the artificial propagation of a number of marines species, such
as seahorses, abalone and the giant clams, that may be
commercially raised by aquaculture investors;

WHEREAS, the inclusion in CITES of any of these marine
species will threaten the livelihood of many municipal fishers
gathering wild stocks and will end the promise of artificially
Propagating such species because Section 97 of RA 8550 does
not distinguish between artificially propagated or cultured
animals and those fished from the wild;

WHEREAS, there is therfore an urgent need to amend the law
such that the prohibited act shall consist only of the fishing or
taking of wild specimens and shall exclude the same species
produced by artificial propagation;”

In the light of the foregoing, which discourages interested

businessmen from adopting aquaculture technologies, such as seahorse

culture and similar industries, early approval of this bill amendi
97 of RA 8550 is earnestly requested.

w

Section

LUIS R. VILUAFUERTE


‘Republic of the Philippines
HOUSE OF REPRESENTATIVES
@ueson City

FIFTEENTH CONGRESS
First Regular Session

HOUSEBILLNO, = 203

Introduced by HONORABLE LUIS R. VILLAFUERTE

AN ACT AMENDING SECTIONS 91 AND 97 OF REPUBLIC ACT NO.
8550, OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES
CODE OF 1998

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

SECTION 1. Section 91 of Republic Act No. 8550, otherwise known
as the Philippine Fisheries Code of 1998, is hereby amended to read as
follows:

“SEC. 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 in processed form, except for scientific or
research purposes.

Violations of this provision shall be punished by
imprisonment from six (6) months to two (2) years and a fine
from [Two thousand pesos (P2,000) to Twenty thousand pesos
(?20,000)] ONE HUNDRED THOUSAND PESOS
(#100,000.00) TO FIVE HUNDRED THOUSAND PESOS
(#500,000.00), 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.


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. 2.Section 97 of Republic Act No. 8550 is hereby amended

read as follows:

“SEC. 97. Fishing or Taking of Rare, Threatened or
Endangered Species. - It shall be unlawful to fish or take,
CATCH, GATHER, SELL, PURCHASE, POSSESS, TRANSPORT
AND EXPORT rare, threatened or endangered species, as listed
[in the CITES] AND DEFINED AS SUCH IN THE CONVENTION ON
INTERNATIONAL TRADE OF ENDANGERED SPECIES OF FLORA AND
FAUNA, HEREINAFTER REFERRED TO AS CITES, THE INTERNATIONAL
UNION FOR CONSERVATION OF NATURE AND NATURAL RESOURCES
(IUCN), AND Repusiic Act No. 9147, OTHERWISE KNOWN AS
THE WILDLIFE Act and as [determined] IMPLEMENTED by the
Department PURSUANT TO ITS PUBLISHED RULES AND REGULATIONS.

THE TAKING, CATCHING, GATHERING AND POSSESSION OF WILD
SPECIES FOR SCIENTIFIC RESEARCH OR ARTIFICIAL PROPAGATION
PURPOSES MAY BE ALLOWED SUBJECT TO THE RULES AND REGULATIONS
PROMULGATED BY THE DEPARTMENT: PROVIDED, THAT GATHERING,
SELLING OR EXPORTING CULTURED OR ARTIFICIALLY PROPAGATED
SPECIES THAT HAVE BEEN TRANSPLANTED TO THEIR NATURAL HABITAT
AND LISTED IN THE CITES, IUCN AND RA No. 9147 SHALL NOT BE
ALLOWED.

THE TAKING, CATCHING, GATHERING, POSSESSION OR TRADE OF
ARTIFICIALLY PROPAGATED AND CULTURED SPECIES LISTED IN THE
CITES, IUCN AND RA No. 9147 May BE ALLOWED SUBJECT TO THE
RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT.

CONSISTENT WITH THE CITES RULES AND REGULATIONS, A NON-
DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED BEFORE ANY
TRADE WILL BE ALLOWED TO THOSE SPECIES LISTED UNDER APPENDIX
IT AND III OF THE CITES.

to


Violation of the provision of this section shall be punished

by imprisonment of twelve (12) years to twenty (20) years

and/or a fine of [One hundred and twenty thousand pesos

(P120,000)] ONE HUNDRED THOUSAND PESOS (#100,000.00) To

FIVE HUNDRED THOUSAND PESOS (#500,000.00), [and] forfeiture

of the catch, and the cancellation of fishing permit.

SHOULD THE CULPABLE VIOLATION BE COMMITTED THROUGH OR

BY A FISHING VESSEL MANNED BY MORE THAN TWO (2) PERSONS, THE

HEAD OR CAPTAIN OF THE BOAT AND THE SUPPORT PERSONNEL

THEREOF INVOLVED IN THE FISHING AND CATCHING OF SUCH

PROTECTED MARINE LIFE SHALL BE PRESUMED TO HAVE COMMITTED

THE PROHIBITED ACT AND THE PENALTY PROVIDED FOR IN THE

IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED ON THEM.”

Sec. 3. The Department of Agriculture - Bureau of Fisheries and
Aquatic Resources shall promulgate the rules and regulations to
implement this amendment within sixty (60) days from the approval of
this Act.

The Bureau of Fisheries and Aquatic Resources shall, in coordination
with the National Fisheries and Aquatic Resources Management Councils
(NFARMC), local government units, private institutions and other
government agencies concerned, initiate the development of a fisheries
resource management plan for each CITES listed species, indicating
therein conservation and rehabilitation measures.

Sec. 4. This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation.

Approved,