FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
In a country like ours where waters are abound, marine resources thrive in 
abundance; that is, until people started caring less and less about the environment and 
started thinking more and more about profits that leave the environment to degradation 
and wastage. Overfishing and over-extraction of marine resources add to the 
compounding environmental disasters that eventually translate to economic losses. 
While the Philippine Fisheries Code of 1998 sought to cure the mentioned 
problems, violators of the law continue to find ways to circumvent the same or even 
purposefully continue to violate it because the price to pay is only marginal. Hence, 
there is a necessity to address the loopholes and likewise, impose severe penalties to 
discourage such acts. 
Through these amendments, the objectives of the Code shall be advanced, with 
the end in view of dramatically reducing the rate of degradation of our natural wealth, 
particularly the marine resources. 
In view of the foregoing, the passage of this bill is earnestly sought. 
Senator 


FOURTEENTH CONGRESS OF THE ) 
8 JUN 24 ‘,I :% 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
f I. 
~~~~~~~~~~ 
sv ’ 
S.B. 
SENAzril(i 
No. - 
Introduced by Senator Loren Legarda 
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 8550, otherwise known as the Philippine 
Fisheries Code of 1998, 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 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,OOO.OO) to Twenty thousand pesos (20,000.00)] ONE HUNDRED 
THOUSAND PESOS (100,000.00) TO FIVE HUNDRED THOUSAND 
PESOS (500,000), 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.” 
SECTION 2. Section 97 of Republic Act 8550 is hereby amended to read as 
follows: 
“SECTION 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 FLORAL AND FAUNA, HEREINAFTER REFERRED TO AS THE CITES, 
THE INTERNATIONAL UNION FOR CONSERVATION OF NATURE AND 
NATURAL RESOURCES (IUCN), AND REPUBLIC ACT 9147 OTHERWISE 
KNOWN AS THE WILDLIFE ACT AND as Idetermined] 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 
1 


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 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 9147 MAY BE ALLOWED SUBJECT TO THE RULES 
AND REGULATIONS PROMULGATED BY THE DEPARTMENT. 
CONSISTENT WITH CITES RULES AND REGULATIONS, A NON- 
DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED BEFORE ANY 
TRADE WILL BE ALLOWED TO THOSE SPECIES LISTED UNDER APPENDIX 
I1 AND 111 OF THE CITES. 
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,OOO.OO) ] ONE HUNDRED 
THOUSAND PESOS (Pl00,000.00) 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 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." 
SECTION 3. Rules and Regulations. - The Bureau of Fisheries and Aquatic 
Resources (BFAR) of the Department of Agriculture shall promulgate the rules and 
regulations to implement this amendment within sixty (60) days from the approval of 
this Act. 
The BFAR 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. 
SECTION 4. Repealing Clause. - All laws, decrees, executive orders, letters of 
instructions, rules and regulations or parts thereof which are inconsistent with this Act 
are hereby repealed, amended or modified accordingly. 
SECTION 5. Effectivity. - This Act shall take effect fifteen days following the 
completion of its publication in the Official Gazette or in a newspaper of general 
circulation in the Philippines. 
Approved, 
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