Republic of the Philippines _
House of Representatives
Quezon City, Metro Manila

22 March 2011

MEMORANDUM

FOR, z THE DEPUTY SECRETARY GENERAL.
FOR OPERATIONS

ATTENTION £ THE EXECUTIVE DIRECTOR
PLENARY AFFAIRS BUREAU
THE SERVICE DIRECTOR
BILLS AND INDEX SERVICE

FROM $ THE DEPUTY SECRETARY GENERAL,
FOR COMMITTEE AFFAIRS

SUBJECT : COMMITTEE REPORT Ni 880

We are transmitting six (6) copies of the Committee Report submitted by the Committee on
Aquaculture and Fisheries Resources on House Bill No. entitled:

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

in substitution of HB Nos. 176, 203, and 1518.

For your appropriate action.

ATTY. ARLENE DADA-ARNALDO
Deputy Secretary General



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

COMMITTEE REPORT No.__ 880 ,
s Resources on_'13 APR 2011

Submitted by the Committee on Aquaculture and Fisheri
Re : House’BMNo, 4540
Recommending its approval in substitution @f HB No.176, HB No. 203 and HB1S18
Sponsors: Reps. Benhur L. Salimbangon, Gloria Macapagal Arroyo, Diosdado Macapagal

Arroyo, Luis R. Villafuerte, Augusto “Boboy” Syjuco, Lorenzo R. Taiiada III, and
Irvin M. Alcala

Mr. Speaker:
‘The Committee on Aquaculture and Fisheries Resources, to which were referred

House Bill No. 176, entitled, “AN ACT AMENDING SECTIONS 91 AND 97 OF
REPUBLIC ACT 8550, OTHERWISE KNOWN AS THE FISHERIES CODE OF 1998”,
introduced by Rep. Gloria Macapagal Arroyo and Diosdado Macapagal Arroyo

House Bill No. 203, entitled, “AN ACT AMENDING SECTIONS 91 AND 97 OF
REPUBLIC ACT NO, 8550, OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES
CODE OF 1998”, introduced by Rep. Luis R. Villafuerte

House Bill No. 1518, entitled, “AN ACT AMENDING SECTION 97 OF REPUBLIC ACT
NO. 8550 OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998”,
introduced by Rep. Augusto “Boboy” Syjuco

has considered the same and recommends that the attached House Bill.No. 4.5 40 entitled:

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

be approved in substitution to House Bills Nos. 176, 203 and 1518, with Reps. Macapagal
Arroyo (G.), Macapagal Arroyo (D.), Villafuerte, Syjuco, Tafiada, and Alcala as authors
thereof,

Committee on Aquaculture and
Fisheries Resources


FACT SHEET

House Billo. 4540
(as of 16 March 2011)

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

Introduced by: REPS. MACAPAGAL-ARROYO, G., MACAPAGAL-ARROYO, D.,
VILLAFUERTE, SYJUCO, TANADA Ill, and ALCALA

Committee Referral: COMMITTEE ON AQUACULTURE AND FISHERIES
RESOURCES
Committee Chairperson: REP. BENHUR L. SALIMBANGON

OBJECTIVES:

* To provide for the differentiation between artificially propagated or
cultured stocks from those in the wild.

* To open up investment opportunities in the live marine fish industry
sector, increase export earnings and provide livelihood to marginal
fisherfolk

KEY PROVISIONS:

+ Amends Section 97 of R.A. 8550 to declare unlawful the fishing, catching,
gathering, selling, purchasing, possession, transportation and export of rare,
threatened or endangered species as listed in CITES, IUCN and RA 9147.

+ Exempts the taking, catching, gathering, selling, possession, transport and
export of threatened and endangered species listed in CITES, IUCN and RA
9147, but which are artificially cultured and/or propagated/grown by man
with the aid of research and technology from the penalties provided in this
Act, for as long as the said species have not been transferred back to their
natural habitat.

* Increases fines for violation of Section 91 and 97 from one hundred
thousand pesos (P100,000.00) to five hundred thousand pesos
(P500,000.00)

« Penalizes the head or captain and the personne! of a fishing vessel involved
in the fishing and catching of such protected marine life with imprisonment
of twelve (12) to twenty (20) years, forfeiture of catch, cancellation of fishing
permit and fines stated above.

* Provides for the development of a fisheries resource management plan to
include conservation and rehabilitation of each CITES listed specie.


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezor City

Fifteenth Congress
First Regular Session

House BRNO. _4540

Introduced by: Reps. Gloria Macapagal Arroyo, Diosdado Macapagal Arroyo, Luis R.
Villafuerte, Augusto “Boboy” Syjuco, Lorenzo R. Taftada III and Irvin M, Alcala

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:

1 SECTION 1. Section 91 of Republic Act 8550, otherwise known as the Philippine Fisheries

2 Code of 1998, is hereby amended to read as follows:
3 “SEC. 91. Ban on Coral Exploitation and Exportation. ~ It shall be
4 unlawful for any person or corporation to gather, possess, sell or export ordinary
5 precious and semi-precious corals, whether raw or in processed form, except for
6 scientific or research purposes.

7 Violations of this provision shall be punished by imprisonment from six
8 (6) months to two (2) years and a fine from [Two thousand pesos (P2,000.00) to
9 Twenty thousand pesos (P20,000.00)] ONE HUNDRED THOUSAND PESOS
0 (P100,000.00) TO FIVE HUNDRED THOUSAND PESOS (P500,000.00) or
i both such fine and imprisonment, at the discretion of the court, and forfeiture of
12 the subject corals, including the vessel and its proper disposition.

13 The confiscated corals shall either be returned to the sea or donated to
14 schools and museums for educational or scientific purposes or disposed through
15 other means.

16 IN CASE THE OWNER OR OPERATOR IS A PARTNERSHIP OR
7 A CORPORATION, THE PENALTY HEREIN PROVIDED SHALL BE
18 IMPOSED UPON THE PARTNERS OR UPON THE PRESIDENT AND
19 GENERAL MANAGER. THE LIABILITY OF THE PERSONS HEREIN

20 NAMED SHALL BE JOINT AND SOLIDARY.”



SEC. 2. Section 97 of Republic Act 8550 is hereby amended to 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 AND DEFINED AS SUCH in 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 [determined]
IMPLEMENTED by the Department PURSUANT TO ITS PUBLISHED
RULES AND REGULATIONS.

THE TAKING, CATCHING, GATHERING, TRANSPORT 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 9147 SHALL NOT BE
ALLOWED.

THE TAKING, CATCHING, GATHERING, POSSESSION,
TRANSPORT 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 II AND III 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 (P120,000.00)] ONE HUNDRED
THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED THOUSAND
PESOS (P500,000.00), [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

Semi day aly

WES ee eases aE
S®esesavaanraoscs

23

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-National
Fisheries and Aquatic Resources Management Councils (NFARMC}, local govemment
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 two (2)

newspapers of national general circulation.

Approved,



CONGRESS OF THE PHILIPPINES.
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES,
House BillNo. 1.76 _

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

EXPLANATORY NOTE

The Philippine fishery is renowned for its biodiversity. Because of its rich
marine life, it has become an exploration haven for divers and scientists around the
world. It has also contributed significantly to the economy and the livelihood of

millions of Filipinos.

As a developing nation which is very dependent on its natural resources,
there is an urgent need for the government to take stringent measures for the
sustainable management and protection of these resources, particularly its aquatic

resources.

Studies have shown that the country’s ocean resources are generally in a
very poor state due to overexploitation and the open access nature of fisheries and
coastal resources. Fisheries resources are rapidly depleted as evidenced by the
decline of catch around the country. Overfishing, illegal fishing and destruction of
coral reefs, among others, threaten the country’s fisheries production.

The government must take necessary steps to alleviate the condition of our
marine resources. A tough legislative measure should be adopted to curb the bleak
state that plagues our ocean resources

Immediate approval of this bill is fervently sought.

>

ae fh. the
GLORIA MACAPAGAL/ ARROYO DIOSDADO MACAPAGAL ARROYO
econd District, Pampanga Second District, Camarines Sur


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No. 17

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

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
jin 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 (P20,000)] ONE HUNDRED
THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED THOUSAND
PESOS (PS00,000.00), 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 to 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 REPUBLIC 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 II AND Ill 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 (P120,000)] ONE
HUNDRED THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED
THOUSAND PESOS (P500,000.00), [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-Sureau 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,


‘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 int¢rested
businessmen from adopting aquaculture technologies, such as s¢ahorse
culture and similar industries, early approval of this bill amending {Section
97 of RA 8550 is earnestly requested.

Ww
LUIS R. VILLAFUERTE

Pace 2
AMENDING



Republic of the Bhilippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

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
(P20,000)] 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.



5

23
24
2s

26

28
29

30

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

II anp 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,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

House Bill No, 1518

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

EXPLANATORY NOTE

This bill seeks to amend Section 97 of Republic Act No. 8550, otherwise known as “The
Philippine Fisheries Code of 1998.” It states that “it is unlawful to fish or take rare, endangered
species as listed in the Convention on the International Trade in Endangered Species of Wild
Fauna and Flora (CITES).”

As an international trade management tool, CITES aims to protect wildlife from the
detrimental effects of over — exploitation, ensure sustainable utilization, and encourage
international cooperation. It implements the convention through special lists called Appendices
according to the level of threat faced by each’ species. Appendix I lists species that are
endangered, Appendix U lists those that may become endangered if trade is not managed, and
Appendix III lists species at the request of countries requiring assistance in conservation
management.

Unfortunately, Section 97 of the Philippines Fisheries Code does not distinguish between
species that are listed on Appendix I as endangered and those that are included in Appendix II as
needing trade regulation. Section 97 currently prokibits the collection and fishing of all species
listed in the multilateral Convention on the International Trade in Endangered Species of Wild
Fauna and Flora (CITES). The resulting automatic ban on the collecting or fishing of all listed
species conflicts with the intention of CITES, which is to manage sustainable trade, Furthermore,
it limits the capacity of various government agencies to practice proactive management and
prohibits any use, including mariculture and aquaculture, of the listed species.

The de facto ban on collection, fishing and trade of species will penalize fishers unfairly.
They must either become criminals or transfer their fishing effort unnecessarily to other
resources, many of which are already depleted, Although superficially advantageous to the
recovery of the species, the ban is also likely to promote illegal trade. The archipelagic nature of
our country and a shortage of financial resources would make it both costly and difficult to
implement trade surveillance and enforcement of these unfortunate ban efforts,

Under a revised Section 97, national auth
trade, monitored and managed for sustainability.

ies could permit either low or high levels of
‘Thus, expedient approval of this bill is earnestly sought.

of

AUGUSTO BOBOY SYJUCO, Ph. D.
2™ District, Province of Iloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

jnNo__1518

House’

Introduced by REP. AUGUSTO BOBOY SYJUCO, Ph. D.

AN ACT AMENDING SECTION 97 OF REPUBLIC ACT 8550
OTHERWISE KNOWN AS THE FISHERIES CODE OF 1998

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

SECTION 1. Section 97 of Republic Act 8550 otherwise known as “THE FISHERIES

CODE OF THE PHILIPPINES OF 1998” is hereby emended to read as follows:

“Section 97. Fishing or Taking of Rare, Threatened or Endangered Species, — It
shall be unlawful to fish, CATCH, GATHER, SELL, PURCHASE,POSSESS,
TRANSPORT AND EXPORT rare, threatened or endangered species as listed in CITES
APPENDIX | and as determined by the Department.”

“CONSISTENT WITH

RULES AND REGULATIONS, A NON —
DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED BEFORE ANY TRADE,

WILL BE ALLOWED TO THOS!

PE

LISTED UNDER APPENDIX IT AND IIL
OF THE CONVENTION.

‘THE BUREAU OF FISHERIES AND AQUATIC RESOURCES SHALL, IN
COORDINATION WITH THE NFARMC, LGUs, PRIVATE INSTITUTIONS AND
OTHER GOVERNMENT AGENCIES CONCERNED, INITIATE THE

DEVELOPMENT OF A FISHERIES RESOURCE MANAGEMENT PLAN FOR


EACH CITES LISTED SPECIES, INDICATING CONSERVATION AND
REHABILITATION MEASURES.”

“Violation of the provision of this section shall be punished by imprisonment of
twelve (12) years to twenty (20) years and/or fine of One Hundred and Twenty Thousand
(120,000.00) Pesos and by forfeiture of the catch, the confiscation and cancellation of
the fishing permit.”

SECTION 2. 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 AMENDMENT.

SECTION 3. THIS ACT SHALL TAKE EFFECT FIFTEEN (15) DAYS FOLLOWING
ITS PUBLICATION IN THE OFFICIAL GAZETTE OR IN ATLEAST TWO (2)
NEWSPAPERS OF GENERAL CIRCULATION. .

Approved,