.' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
Senate Bill No. 2 919 
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JUL 26 P J :19 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
With the increasing number of poachers, it is high time to 
revisit our law 
concerning 
Anti-poaching 
in 
Philippine Waters, 
particularly Republic Act No. 8550, otherwise known as the "Philippine 
Fisheries Code of 1998." 
Based on studies, the Philippines ranked 11th among the top 
fish producing countries as early as 2003, with the production of 2.63 
million tonnes of fish, crustaceans, molluscs and aqua plants. As an 
archipelagic state with over 2.2 million km of highly productive seas, 
the Philippines has vast fishery resources, and the most biodiverse 
marine area in the world. Unfortunately, all the country's main fish 
species and marine organisms are showing signs of overfishing. 
Under our laws, the use and exploitation of the fishery and 
aquatic resources in Philippine waters is reserved exclusively to 
Filipinos. However, the Philippine Coast Guard revealed that illegal 
fishing in the country is aggravated by the fact that even foreign 
vessels risk arrest to plunder Philippine waters, In 2008, five 
Indonesians, four Vietnamese, and ten Filipinos were arrested in 
separate anti-poaching operations. In February 2009, PCG operating 
forces caught up with Fishing Vessel Karya Wijaya and found 200 
pieces of tuna, each weighing 25-35 kilos, on board. The operatives 
thereafter arrested 11 Indonesian and 2 Taiwanese poachers. Recently 
on May 30, 2011, the Philippine Navy apprehended 122 Vietnamese 
nationals suspected of illegal fishing in the waters of Barangay 
Malaking IIog in Balabac, Palawan. 
Said Vietnamese are under the 
guise of being local fishermen with the Philippine flags in their boats. 


This Act aims to strengthen the anti-poaching provisions under 
RA 8550 by increasing the penalties for violators and reinforcing the 
citizen's participation in the apprehension of offenders, through the 
Bantay Dagat program, 
Approval of this measure is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 2918 
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JUL 26 r 3 :19 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO AMEND REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS 
THE FISHERIES ACT OF 1998 TO STRENGTHEN THE ANTI-
POACHING PROVISIONS AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of the Representatives of 
the Philippines in Congress Assembled: 
SECTION 1. - Section 86 Article 6 Chapter 3 of Republic Act No. 
8550, otherwise known as the Philippine Fisheries Code of 1998, 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 hereinafter be declared as over-exploited. 


Any commercial fishing boat captain or the three (3) 
highest officers of the boat who commit any of the above 
prohibited acts upon conviction shall be punished by a fine 
equivalent to the value of catch or [Ten thousand pesos 
(Pl0,000.00)] FIFTY THOUSAND PESOS (P50,000) 
WHICHEVER IS HIGHER, AND IMPRISONMENT OF 
[six (6) months] ONE (1) YEAR, CONFISCATION OF 
CATCH, FISHING BOAT AND FISHING GEARS, AND 
AUTOMATIC REVOCATION OF LICENSE. 
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 [Five hundred pesos (500.00)] TEN 
THOUSAND PESOS (Pl0,000). 
SEC. 2. Section 87 Article 6 Chapter 3 of the Code is further 
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 [One 
hundred thousand U.S. Dollars (US$100,OOO.OO)] TWO 
HUNDRED THOUSAND DOLLARS (US$200,000), in 
addition to the confiscation of its catch, fishing equipment 
and TOTAL DESTRUCTION OF ITS fishing vessel: 
Provided, That the Department OF AGRICULTURE is 
empowered to impose an administrative fine of not less 
than [Fifty thousand U.S. Dollars (US$50,OOO.OO)] ONE 
HUNDRED THOUSAND U.S. DOLLARS (US$ 100,000) 
but not more than [Two hundred thousand U.S. Dollars 
(US$200,OOO.OO)] 
FOUR 
HUNDRED 
THOUSAND 
DOLLARS (US$ 400,000) or its equivalent in the 
Philippine Currency. 


• 
SEC. 3. 
Two provIsions shall be inserted after Sections 16 
Article I Chapter II of this Code, to read as follows: 
"Section 17. Reinforcement of Bantay Dagat Groups in 
each 
Local 
Government Unit 
-
BY 
VIRTUE 
OF 
PARAGRAPH 3 OF THE PRECEEDING SECTION, LGUS ARE 
ENJOINED TO REINFORCE THEIR RESPECTIVE BANTAY 
DAGAT GROUPS COMPOSED OF VOLUNTEER FISHING 
COMMUNITY 
MEMBERS 
WHO 
ARE 
TRAINED 
AND 
DEPUTIZED AS FISH WARDENS, WHO WILL COORDINATE 
WITH 
GOVERNMENT AGENCIES 
CONCERNED 
IN THE 
LOCAL ENFORCEMENT OF FISHERY LAWS. 
MODERN 
TRAININGS/SEMINARS SHALL BE CONDUCTED, WHERE 
THEY CAN OBTAIN ADVANCED KNOWLEDGE ON PROPER 
ENFORCEMENT OF FISHERY REGULATIONS AND VIGILANT 
MONITORING AND APPREHENSION OF VIOLATORS." 
"Section 18. Funding requirement of Bantay Dagat 
operation. LOCAL GOVERNMENTS ARE ENCOURAGED TO 
ENACT ORDINANCES TO APPROPRIATE SPECIFIC FUNDS 
FOR BANTAY DAGAT GROUPS WHICH INCLUDE, BUT NOT 
LIMITED 
TO: 
A.) 
THE 
CONDUCT 
OF 
SEABORNE 
OPERATIONS SUCH AS REGULAR PATROL IN THE COASTAL 
AREAS. S.) 
MAINTENANCE OF EQUIPMENT NECESSARY 
FOR THEIR FUNCTION. C.) VEHICLE, FUEL AND FOOD 
ALLOWANCE FOR THEIR OPERATION. D.) THE CONDUCT 
OF 
SEMINARS/WORKSHOPS 
FOR 
BANTAY 
DAGAT 
MEMBERS. 
The former Section 17 shall now be numbered Section 19 and 
the succeeding Sections shall be numbered accordingly. 
SEC. 4. This Act shall take effect after the fifteen (15) days 
following its publication in at least two (2) newspapers of general 
circulation. 
Approved,