Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS,
First Regular Session

House Bill No, 8374

Introduced by Hon. Irvin M. Alcala

EXPLANATORY NOTE

The Philippine Fisheries Code of 1998, or Republic Act (RA) 8550, is a comprehensive legal and
policy framework that governs the development, management and conservation of the country’s
fisheries and aquatic resources. It recognizes as state policies the conservation, protection and
sustainable management of the country’s fishery and aquatic resources; alleviation of poverty by
providing supplementary livelihood to municipal fisherfolk; improvement in the productivity of
aquaculture, but within ecological limits: optimal utilization of offshore and deep-sea resources;
and upgrading post-harvest technology.

Twelve years after the Code’s enactment, however, the fishery sector continually endures a
depleted fishery resource due to excessive fishing effort, destructive fishing methods and open
access regimes; degraded fishery habitats through conversion into other economic uses and due
to negative impacts from land-based activities; and substantial reduction in value of catches due
to improper post-harvest practices. In view of these concerns, and consistent with the mandate of
the Fisheries Code for review after five years from its effectivity, this representation considers
now as an appropriate time to make the necessary amendments and/or modifications to the
Fisheries Code.

This bill proposes to formalize community-based coastal resource management as the primary
mode in managing the resource, to shift governance towards community-based and co-
management approaches intended to decentralize authority and responsibility to the local
government units with the active participation of the local fisherfolk. It also provides
recommendations on the judicious utilization and management of fishery resources, and aims to
address some of the weaknesses of the Code in relation to commercial fishing. It likewise
enhances the provisions of the Code on aquaculture in order to boost the growth of the sector and
successfully penetrate the international market. Further, the bill seeks to institutionalize
Barangay Fishery and Aquatic Resources Management Council (BFARMC) by mandating its
establishment in barangays abutting municipal waters, strengthens the Municipality/City
Fisheries and Aquatic Resources Management Council, and improves the integrated management
of shared fishery areas.



Republic of the Philippines.
HOUSE OF REPRESENTATIVES.
Quezon City
FIFTEENTH CONGRESS

First Regular Session

3374

HOUSE BILL NO.--

Introduced by HON. IRVIN M. ALCALA.

AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8550, ENTITLED” AN
ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND
CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING
ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES.”

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

SECTION 1. Section 2 of RA 8550 is hereby amended to read as follows:
“Section 2. Declaration of Policy. It is hereby declared the policy of
the state: xxx
£ to manage fishery and aquatic resources, in ¢ manner consistent with

egrated coastal area management THAT PRIMARILY
N)

nS
MANAGEMENT in specific natural fishery management areas, appropriately
supported by research, technicel services and guidance provided by the State;
and

terms and phrases shali mean as follows:

1. Ancillary Industries- firms or companies related to the supply,
construction and maintenance of fishing vessels, gears, nets and other fishing
paraphemalia; fishery machine shops; and other facilities such as hatcheries,
nurseries, feed plants, AGRICULTURAL LIME PLANTS, cold storege and
refrigeration, processing plants and other pre-harvest and post-harvest
facilities

XXX

10. Commercial Fishing - the taking of fishery species (by passive or
active gear] for trade, business or profit beyond subsistence or sports fishing,
to be further classified as:

a. Small scale commercial fishing - fishing with [passive or active]
gear and utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

b. Medium scale commerci 12 — fishing with gear and utilizing
{active gears and] vessels of 20.1 GT up to one hundred fifty (150) GT; and



c. Large scale commercial fishing - fishing with gear and utilizing
[2ctive gears and] vessels of more than one hundred fifty (150) GT.
15-A REGULATED FISHING — FISHING BY SCRAPING THE

\TTOM OF THI \CEAN FLO! NI VER AND L. BEDS
THE DESTRUCTION OF SEA GRASS. CO) REEFS AND.
FISH HABITAT SUCH AS USE OF FISHING GEARS CALLED

CH SEINE ING, SARAP. DACLIS. PUKOT. SINSORO. SAQG-

1. DANI SEINE ILI} ne PEI IKISAN. HULBOT-

JLBOT). BOTTOM TRAWL ( 0-KOTO. GALADGAD. PANG-
PON’ N g UN

. MOTORIZED PUSH } Ne JD-SUD)

M SCH M( ITO Ni 7
CHAIN OF FISH. IT SHALL ALSO REFER TO THE TAKING OF
FISHERY SPECIES FROM THEIR WILD STATE OR HABITAT WITH

i (VES. NOXIOUS. POI JS SU)

ND MURO AMI AND ANY OF ITS V. IN.
IN g ARED is)

EISHING,

XXX

21. Fine Mesh Net -

J WEEN TW

PPI [ATE GOVERNMENT AGENCY.
M NI MU) E IN

5 2 VERNMENT #
7. ‘D_L E NT IN:
ENTERED INTO BY AND BETWEEN THE SECRETARY _OF
AGRICULTURE AND A QUALIFIED FISHPOND APPLICANT FOR THE
ND FOR FI: ‘VEL NT_PUI
EOR A PERIOD OF TEN (10) YEARS.

XXXX

40. Fishing gear - any instrument or device and its accessories utilized
in taking fish and other fishery species.

[a Active fishing gear - is a fishing device characterized by gear
movements, and/or the pursuit of the target species by towing, lifting and
pushing the gears, surrounding, covering, dredging, pumping and scaring the
target species to impoundments; such as, but not limited to, trawl, purse
seines, Danish seines, bag nets, paaling, drift gill net and tuna longline.

b. Passive fishing gear - is characterized by the absence of gear
movements and/or the pursuit of the target species; such as, but not limited to,
hook and line, fish pots, traps and gill nets across the path of the fish.]

200K

43. Food Security - refers to any plan, policy or strategy aimed at
ensuring adequate supplies of appropriate food at affordable prices. Food



security met be ax

WITE

A ILLEGAL FISHING - REFERS TO THE EXPI_OITATION.
OCCUPATION. PRODUCTION. BREEDING. CULTURE _OR

GATHERING OF FISH. | FINGERLIN ANY FISHERY
SPECIES OR FISHERY PRODUCTS OR TO ENGAGE IN ANY FISHERY
ACTIVITY IN PHILIPPINE WATERS WITHOUT A LICENSE. LEASE
OR PERMIT.
XXXX
STEMS MTT TOY ARETE REFERS TO ANY AREA OF
INTERTIDAL OR_SUBTIDAL . TOGETHER WITH iTS
QVERLUING WATER AND ASSOCIATED FLORA. FAUNA,
HISTORICAL AND CULTURAL FEATURES. WHICH HAS BEEN
RESERVED BY LAW OR LOCAL ORDINANCE TO PROTECT PART OR
ALL OF THE ENCLOSED ENVIRONMENT. MPAs SHALL BE USED TO
CONSERVE BIODIVERSITY. MANAGE NATURAL RESOURCES.
PROTECT _ENI D. SPECIES, REDUCE USER CONFLICIS.
PROVIDE EDUCATIONAL AND RESEARCH OPPORTUNITIES. AND
ENHANCE RECREATIONAL FISHERIES. _IT_SHALL INCLUDE

The Department skal!
rehabilitation
determine,
KNOWN IN
PROTECTION CT. HE ARTO OF RARE SHEEATENED AND
ENDANGERE! _AS DETERMINED AND LISTED PURSUANT
TO REPUBLIC ACT NO. Sia) INCLUDING ITS BY-PRODUCTS AND
DERIVATIVES. SHALL BE ALLOWED ONLY FOR SCIENTIFIC,
BREEDING OB PROPAGATION PURPOSES: -PROVIDED. THAT ONY
THE_ACCRED! INDIV

EDUCATIONAL AND SCIENTIFIC MTs HALL BE owen
TO COLLECT FOR CONSERVATION. BREEDING OR PROPAGATION
PURPOSES. {and shall ban the fishing and/or taking of rare, threatened and/or

AGENCIES. CONCERNED IN UNDERTAR
REHABILITATE
ENDANGERED SPE

SECTION 4. Section 14 of RA $550 is herevy amended to read as follows:



“Section 14. Monitoring, Control ard Surveillance of Philippine
Waters. A monitoring
the Department in coor
FISH WARDENS, the private s

wisely utilized and managed on a sustainable basis of conserved for the
epee and ‘enjoyment exclusively of en,

16. “Turse seen The

government shall have over municipal waters as
defined in this Code. The municipalcity government, iu consultation with the
FARMC, shall be _responsidle the management, conservation,
development, protection, utilization and disposition of all fish and

SHALL EXERCISE ALL TH

JURISDICTIONS OVER ITS MUNICIPAL WATERS INCLUDING THE

Issa iCENSE_AN) -- MUS £OR THE UTIL ZATON OF
a

RUNTIINA WATER: PROVIDED ALSO. THAT the monicipalicity

government SHALL. in consultation with the FARMC, enact THE

APPROPRIATE ORDINANCES IN ACCORDANCE WITH THE

PROVISIONS OF THE LOCAL GOVERNMENT CODE OF 1991:

THER. THAT THE}
NT SHALL ENSURE THE

KES which straddle several municipalities, cities
ptegrated manner, and shail not be based on
political subdivisions of municipal weters in order to facilitate their
management as single resource systems. Th {Us which share or border
such resources [may] SHALL group themselves and coordinate with each
other to achieve the objectives of integrated fishery resource management. The
Integrated Fishe .quatic Resources Management Councils established
under Section 76 of this Code, shall serve as the venues for close collaboration
among LGUs in the management of contiguous resources: PROVIDED.
JHaT_ SUCH LGUs MAY melee THEMSELVES INTO

GULFS. RIVERS AND L

or provinces, shall be done in an

INTEGRATED __FISHERIES AQUATIC __ RESOURCES
MANAGEMENT -BQARD IN \ACCORDANGE WITH SECTION 76 OF

- as follows:
“Section 17. pal Waters. - The
snl] pursuant to Section
in areas where there are
Spal waters by

149 of the Local Government Ci
special agencies or off


virtue of special laws creating these agencies such as. but not limited to, the
Li aguas Ls ake DevelopmentA athority and the Palawan Council for Sustainable
tinue 20 grant permits for

AN THAT. IN CASE OF PUBLIC BIDDIS
REGISTERED FISHERFOLK ORGANIZATION. ae PERATIVE OF
By TICIPA N [HE BIDDING
HERFOLK
TOR ‘COOPERATE E__THE MUNICIPALITY/CITY OR

SPEC TAL AGENCY OR OFFICE = Al TEN GRANT THE FISHERY

RIGHTS TO THE FISHE ANIZATION OR COOPERATIVE,
SEC .
18 0 is hereby amended to read as follows
‘Section 18. Users of Municipal Waters. All EISHERIES-related

activities in municipal waters, as defined in this Code, shal! be utilized by
municipal fisherfolk and their cooperetives‘erganizations who are listed as
such in the registry of municipal fisherfolk

The municipal or city government, however, may, through its locel
chief executive and acting pursuant to an appropriate ordinance, authorize or
permit small scale commere to operate within the
to Been (15 ) kilometer cunicipal waters as defined

seven (7) fathoms as certified by the appropriate agency;

b. NO UTILIZATION OF REGULATED FISHING methods and
gears as determined by t $ DEFINED IN THIS AC

¢. prior consulta i ¢ MICFARMC hes
been conducted; and

d. the applicant vessel as well as the ship owns
crew have been certified by the appr
Code, environmental laws and related laws OR MUNICIPAL "ORDINANCE
WITHIN THE TERRITORIAL OR MUNICIPAL WATER JURISDICTION
OF THE MUNICIPALITY OR CITY.

In no case shall the authorization or permit mentioned above be
granted for fi bays as determined by the Department to be in an
environmentally critical condition and during closed season as provided for in
Section 9 of this Code.”

SECTION 8. Section 19 of RA 8550 is bereby amended to read as follows:

“Section 19. Regisiry of Municipal Fisherfolk. The LGU
maintain AND REGULARLY UPDATE a registry of municipal fisherfolk,
gal waters for the purpose of
Eng entry int cipal waters,
: activities andior other related purposes: ALL.
MUNICIPAL FISHERFOLK WHO ARE O MAY DESIRE

5) Ss

loyer, ne and

TS a E PRIMARY
TO KEE? 4 REGISTRY OF

RESIDENT FISHERFOLKS. A COPY OF THE BARANGAY REGISTRY

ALSO. TH: AT



SHALL BE SUBMITTED TO
OFFICE FOR _C OLIDA TIO:

Rar Sep “TENOTH OF. )E_ RESIDENCY _ iN BARANGAY. OR
MUNICIPALITY/CITY. AND THE LIKE,
SECTION 9. Section 20 of RA 85: amended w read as follows:
“Section 20. Fisherfolke Organizations andior Cooperatives. Fisherf
organizations es. whose cree listed in the registry of
municipal fish
engage it
N
YEAR: Tee ROS MUTUAL met SENT. OF THE
RGANIZATION, SUBJECT TO
PRIORITY RULES IN SECTION 17; Provided, however, That an
organization/cooperative i
a fishery right other than for fish capture cannot enjoy che fishing rights
granted to the organization or cooperative.”

 Fisherfolk, ~ Resi eat
concemed and their
organizationsicooperatives shall have priority to exploit municipal and
demarcated fishery areas of the said municipality. IN THIS SECTION.

Saree TO. Saar SST MEAN THAT _ MUNICIPAL
IPALITIES ‘CI MES MAY. aE

¥¥ ERED EVEN
s eee ‘amended to read as follows:

“Section 24. Support to Muni ipal Fisherfolk. The Department and the
LGUs shall provide support 19 mun herfol, sea
ZED_FISH_ WARDEN.

municipal

production and marketing assistan and other
to training for additional supplenee
SECTION 12. Section 25 0:

“Section 25. Rights mn Privi ishworkers. The
shall be entitled to the privileges a -d to other workers under the Labor
Code, Social Security System and other benefits under other laws or social

hing
gaged in fishin, . 2% pine
Labor Code, as amended, i ALSO, THAT THE

May

MUNICIPALITY CITY
NEI E


ya 26. Commercial 4
‘hall operate 2 commercial fishing vessel, pear! fishing vessel or
eseasch ox educational purposes, oF € any

“Sei
— No perso
fishing vessel for scien

first securing @ license from the Deatas i, the period of which shall be
prescribed by the Department: Provided. That no such license shall be
required of a fishing vessel engaged in scientific, research or educational
purposes within Philippine waters pursuant to an intemationa! agreement of
which the Philippines is a signatory and which agreement defines the status,
privileges and oblig: id vessel and its crew and the non- Filipino
Officials of the intemational agency under which said_vessel_ operates:
PROVIDED, ALSO, THAT THE LGU. IN CONSULTATION W)
EARMC. MAY RECOMMEND Ti HE ve PARTMENT HE. i JN
NEWAL OF COMMERCIAL FISHIN
AeA io toss “OF HISHERY SEAS AND OTHER
INS INVOLVING APPLICANT V1 AS W

THE SUIPOWNER. EMPLOYER OR CAPTAIN Provided, further, That
members of the crew of a fishing vessel used for commercial fishing except
the duly licensed and’ or authorized patrons, marine engineers. radio operators
and cooks shall be considered as fisherfolk: Provided furthermore, That all
skippers’ master fishers shall be required to undertake an orientation training
on detection of fish caught by illegal means before they can be issued their
fishworker licenses: Provided, finally, That the large commercial fishing
vessels license herein authorized to be granted shall allow the licensee 10
operate only. in Philippine waters seven (7) or more fathoms deep, the depth
+0 be certified by the NAMRIA, and subject to the conditions that may be
stated therein and the rules and regulations that may be promulgated by the
Department.
SECTION 14. Section 28 of Rep. Act No. 8550 is hereby amended to read as
follows:

Section 28, Commercial Fishing Vessel Registration ~ The registration,

ing of the operation OF THE

EQLLOWING TY? ES of fishing vessels plying Philippine waters shall be in

SECTION 15. Section 45 of Rep. Act ‘eby amended to read as follows:

“Section 45. Disposition of the Public Lends for Fi
Public lands suck 2s tidal swamps, man;
ponds suitable for fishery op E
effectivity of this Code. A EISHPOND LEASE AGREEMENT (FLA).
WHICH IS VALID FOR 4 PERIOD TEN (10) YEARS. may be issued for
public lands that may be declared available for Sishpond development
primarily to qualified fisherfolk cooperatives/associations: Provided, however.
‘That upon ti ing FLAs the current lessees shall be given
priority and be entitled to an extension of [twenty-five (25)] TEN (10) 3

sin



the utilization of their respective leased areas. Thereafter, such FLAS shall be
Hipino citizen with preference, primarily to qualified
fisherfolk cooperatives‘associations as well as small and medium enterprises
as defined under Republic Act No. 8289: Provided, further, That the
Department shall declare es reservation, portions of available public lands
certified as suitable for fishpond purposes for fish sanctuary, conservation, and
ecological purposes(:], [Provided, finally, That two (2) years after the approval
of this Act, no fish pens or fish cages or fish traps shall be allowed in lakes.]
SECTION 16. Section 46 of Rep. Act No. 8550 is hereby amended to

read as follows

“Section 46. Lease of Fishponds. - Fishpond leased to qualified
persons and fisherfolk organizations/cooperatives shall be subject to the
following conditions:

a. Areas leased for fishpond purposes shall be no more than 50
hectares for individuals and 250 hectares for corporations or fisherfolk
organizations, RESIDENT MUNICIPAL _FISHERFOLK _OF THE
CONCERNED MUNICIPALITY AND THEIR ORGANIZATIONS AND
COOPERATIVES SHALL HAV! XCE OVER NON1]

NS_AND FISHERFOLK ORGANIZATIONS AND
COOPERATIVES TO LEASE AREAS WITHIN THE TERRITORIAL
JURISDICTION OF SAID MUNICIPALITY FOR _FISHPOND

DEVELOPMENT:

b. The lease shail be for a period of (twenty-five (25)] TEN (10) years
and renewable for another [twenty-five (25)] TEN (10) years: Provided, That
in case of the death of the lessee, his spouse and/or children, as his heirs, shall
have preemptive rights to the unexpired term Fishpond Lease
Agreement subject to the same terms and conditions provided herein provided
that the said heirs are qualified;

c. Lease rates for fishpond areas shall be detexmined by the
Deparument: Provided, That all fees collected shall be remitted to the National
Fisheries Research and Development Institute and other qualified research
institutions to be used for aquaculture research development;

d. The area leased shall be developed and producing on a commercial
scale within three (3) years from the approval of the lease contract: Provided,
however, That all areas not fully producing within five (5) years from the date
of approval of the lease contract shall [automatically zevert to the public
domain for reforestation] BE DISPOSED OF IN ACCORDANCE WITH
SECTION 49 OF THE CODE, AS AMENDED;

e. The fishpond shali not be subleased, in whole or in part, and failure
to comply with this provision shall mean cancellation of FLA:

£ The transfer or assignment of tights to FLA shall be allowed only
upon prior written approval of the Department;

g. The lessee shall undertake reforestation for river banks, days,
Streams and seashore ftonting the dike of his fishpond subject to che rules and
regulations to be promulgated thereon; and

4h. The lessee shall provide facilities that will minimize environmental
pollution, i.e., settling ponds, reservoirs. etc: Provided That failure to comply
with this provision shall mean cancellation of FLA.”

SECTION 17. Section 48 of Rep. Act No. 8550 is hereby amended to
read as follows:



and disincentives,
egotiable penmits,
standards and t prowote

to encourage compliance with the environn
sustainable manag

\_TO_ FILIPINO
D_DEVELOPING

SL
SECTION 18. Section £9 of Rep. Act No. 8
read as follo
“Section 49. Reversior
Underutilized Fis
LGUs, other
ABANDON
covered by BE M SAITABLE FOR
EISHPOND DE oon MENT TO QUALIFIED __ MUNICIPAL
EISHERFOLK AND THEIR ORGANIZATIONS’ COOPERATIVES. FOR
THIS PURPOSE. THE GRANT _OF FLAs ‘SHALL BE MADE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 46 EA?
FISHERFOLK.
ORGANLEATIONS =o an OR Lor tar
Tey ESTE ELOPED OR UNDERUTILIZED FISHEONDS.
E can be reverted to thei inal mangrove state BY THE DENR.
(and oe ving made such determination shall take all steps necessary to
restore such areas in their original mangrove state,]”
SECTION 19. Section 50 of Rep. Act No. $550 is hereby amended to
read as follows:
“Section 50. Absentee Fishpond Lease Agreement Holders. -
Holders of fishpond lease agreements who have acquired citizenship in
another country during the existence of the FLA shal! have bet fease

eby amended 10

of All Abandoned, Undevelozed or

automatically canceled and the improvements thereon to be forfeited in favor
of the government and disposed of in accordance with the mules and
regulations promulgate THAT, THIS SECTION
SHALL NOT APPLY _j EN__WHO HAS

C D SE Tas UNDER THE PROVISIONS _OF
REP. ‘T__NO. 9225, OTHERWISE _KNO!
2 iP. ? RETENTION AND RE- ACQUISITION ACT OF 2003."
SECnON 20. Section 51 of Rep. Act No. 85: hereby amended to
read as follows: -

“Section Si. License 1 Operate Fish Pens, Fish Cages, Fish Traps and

Other St Structures for the Cu Fish and Other Fishery Products. - Fish
ish and other

ithin established
ion with ARMCs concerned

ies after the comesponding licenses

D. T_THE. EST ABLISHMENT _OF
SH CAGES AND FISH TRAPS SHALL BE
EF THE CODE: Provided however. That not



over [ren pere
surface area of ali |

fore have been s secured ‘and
SECTION 21. Section 61 of R.A.

a. Export of rn
affects domest production: Provided, that exportation of
live fish shall ited except those which are hatched for] AND
propagated in accredited hatcheries and ponds:
». To protect and maintain the Loc or ensure the Sufficiency of
domestic supply, spaw bengus, prawn and other
endemic species, as may be determined by the Department, shall not be
exported or caused to be exported by any person, PROVIDED. TI

EXPORTATION OF ERY OF BANGLS AND PRAWN SHALL NOT BE
PERMITTED EXCEPT WHEN DOMESTIC SUPPLY 1S SUFFICIENT. AS
DETERMINED BY THE DEPARTMENT:

©. Fishery products may e imported only wh
certified as necessary by the Department,
and all the requirements of this Code, es we
regulations have been compli
canning/processing purposes ot
certification, but wi
d. No person, shall
stage or form for any purpose without securing a permit from the Department.
‘The Department in consultation with the FARMC shal! promulgate rules and
regulations on importation and exportation and fishery/aquatic
resources with the Governm: z = procedures.”

oe
ND_ FISHERY PROD! oe IN_ACCORDANCE WITH
INTERNATIONAL STANDARDS ©
20.

SECTION ‘on 73 of Rep. Act No. $550 is hereby modified t0

S
Manageme:
in each of the municipalities and cities abutti
{the LGU may create the Barangay F
Management Councils (BFARMCs) and the L
Resources Management Councils (LF. rer necessary, Such
BFARMCS and LFARMCs shall . y to the LGUs
HOWEVER. T A BE MANDATORY
IN

isheries and Aquatic



SECTION 73-A. The BFARMCs shall advise the berengey on
fishery mamters and exercise the following functions:

a. provide inputs and assistance in the preparation of the Municipal
Fishery Development Plan;

b. recommend the enactment of municipal fishery ordinances to the
Sangguniang Bayan/Sangguniang Panlungsod through its Committee on
Fisheries;

c. assist in the enforcement of fishery laws, rules and regulations in
municipal waters; and

e. perform such other functions which may be assigned by the
MICFARMC or the LGU.

SECTION 73-B. The BFARMC shail be composed of:

a. The Barangay Captain, as Chairman;

b. The Chairperson, Agriculture/Fishery Commitee of the
Sangguniang Barangay:

¢. representative of the Barangay Development Council;

a representative from the accredited non-government
organization;

. representative from the commercial fishery sector,

£ from the City/Municipal Agriculture Office; and,

g. _ atleast five erfolk representatives.

SECTION 73-C. The fund for the establishment and operation of the
BFARMC shall be sourced from the annual appropriations of the barangay.
SECTION 22. Section 75 of Rep. Act No. 8550 is hereby modified to
read as follows:

“Section 75. Composition of the M/CFARMC. The regular member of
the M/CFARMCs shall be composed of:

a. Municipal/City Planning Development Officer; :

b. Chairperson, Agriculture/Fishery Committee of the Sangguniang

BayanPanlungsod;

. representative of the Municipal/City Development Council;

d, representative from the accredited non-government organization;

e. representative from the private sector;

f. representative ftom THE CITY/MUNICIPAL AGRICULTURE

OFFICE; and,

g. at least seven (7) fisherfolk representatives (seven (7) municipal

fisherfolk, one (1) fishworker and three (3) commercial fishers) in each

municipality/city which include representative from youth and women

sector.

The Council shail adopt nules and regulations necessary to govern its
proceedings and election.”

SECTION 23. Section 76 of RA $550 is hereby modified and shall read as follows:

“Section 76. The Integrated Fisheries and Aquatic Resources
Management Council/Board (IFARMC/B). The IFARMCs shail be created in
bays, gulfs, lakes, rivers and dams bounded by two (2) or more
municipalities/cities. PROVIDED, THAT THE CONCERNED LGUs MAY
OPT TO ESTABLISH AN INTEGRATED FISHERIES AND AQUATIC
RESOURCES MANAGEMENT BOARD (FARMB) IN LIEU OF

IFARMC.”



“Section 76-B. Functions of the IFARMB. The IFARMB shall have
the following functions

a. [assist in the preparation] FORMULATE AND IMPLEMENT the
Integrated Fishery Development Plan (and submit such plen to the concemed
Municipal Development Councils};

». DECIDE MATTERS RB
PROTECTION AND GENERAL ADMINISTRATION OF THE AREA IN
BECORDANCE WITH. THE INTEGRATED FISHERY DEVELOPMENT

ATING TO PLANNING.

PLAN (FDP):

c. APPROVE PROPOSALS. WORK PLANS, ACTION PLANS,
GUIDELINES FOR MANAGEMENT OF THE AREA IN ACCORDANCE
WITH THE IFDP;

¢&. DELINEATE AND DEMARCATE ATE FISHERY ZONES:

e. IDEN ‘ABLISH___ AND [NE

PROTECTED ARESS WITHIN THE AREA:
£ PROMULGATE RULES AND _REGULATONS _TO

IMPLEM

IFDP:
g. MONITOR AND EVALUATE THE IMPLEMENTATION OF
THEIEDP:

b. [recommend the enactment of integrated fishery ordinances to the
concemed sangguniang bayan/panlungsod through its Committee on Fisheries,
if such has been organized); :

c. assist in the enforcement of fishery laws, rules and regulations in
concemed municipal waters: and,

d, advice the concerned sangguniang bayan/panlungsod on fishery
matters through its Committee on Fisheries, if such has been organized.

“Section 76-C. Composition of the IEARMBs. The regular members of
the IEARMBs shail be composed of the following:

a ENTATIVI MAYORS _ANI VERN!
MEMBER LGUs:

». {the chairperson of the Committee on Agniculture/Pisheries of the
concerned sangguniang bayan/panlungsod:]

b. [the MunicipalCity Fisheries Officers OR_MUNICIPALICITY
AGRICULTURE OFFICERS of the concerned municipalities/cities;]

c. [the Municipal/City Development Officers of the concerned
municipalities/cities;)

. one (1) representative from NGO;

©. one (1) representative from private sector; and

£ nine (9) representatives ttom the fisherfolk sector which include
representatives from the youth and women sector.

The Board shall adopt rules and regulations necessary 10 govern its
proceedings and election.

SECTION 76-D. SELECTION AND APPOINTMENT OF BOARD
MEMBERS. THE SECRETARY SHALL FORMALLY APPOINT THE
BOARD MEMBERS. THE REPRESENTATIVES OF MUNICIPALITIES
AND PROVINCES SHALL BE RECOMMENDED BY THE HEAD OF

ERNME» NI Y REPRESENT. CONCERNED
VOLVED IN FISHERIES SHALL
CHOOSE THEIR REPRESENTATIVES BY AND AMONG

THEMSELVES.



SECTION 76-E. TE! EFICE AND COMPENSATION. THE
M_OF FIVE (3)
FOR ACTUAL AND
SUBSISTENCE EXPENSES

MANNER. AS THE ORIGINAL APPOINTMENT _IN_ORDER TO
COMPLE MPLETE THE UNFINISHED TERM OF THE SAID VACANCY.

IN CASE OF ELECTIVE OFFICIALS. THE TERM OF OFFICE AS
BOARD MEMBER SHALL BE CO-TERMINUS _WITH_HIS/HER
POSITION UNLESS THE INCOMING ELECTIVE OFFICIAL DECLARES

THE CONTINUITY OF THE REPRES) MADE BY THE

PREVIOUS ELECTED OFFICIAL AND THE } FARMB DECREES THE
SAME BY A RESOLUTION.

SECTION 76-F. EXECUTIVE COMMITTEE. THE BOARD AS
DEEMED NECESSARY, SHALL CREATE _AN__EXECUTIVE
COMMITTEE AND OTHER COMMITTEES TO EFFECTIVELY CARRY
QUT ITS FUNCTIONS. THE EXECUTIVE COMMITTEE SHALL BE

(COMPOSED OF THE MUNICIPAL‘CITY EI: HERIES OFFICER: OR
MUNICIPALICITY AGRICULTURE OFFICERS | NCERNED
MUNICIPALITIES/CITIES.. TE EALL GE HEADED BY AN EXECULIVE
DIRECTOR TO BE APPOINTED BY THE BOARD. THE BOARD SHALL
DETERM THE AUTHORITIES TO BE DELEGATED TO THE
ECUTIVE COMMITTEE.”

SECTION 24, Section 78 of RA 8330 is hereby modified and shall read as follows:

“Section 78. Composition of the IFARMCs. The reguiar members of
the [FARMCs shall be composed of th .

a the chairperson of the Committee on Agriculture/Fisheries of the
concemed sanggu: ae bayan/pai

b. the Mu City Fisheries Officers OR MUNICIPAL/CITY
AGRICULTURE OFFICERS ofthe conce municipalities/cities;

c. the MunicipaliCity Development Officers of
municipali

a | one (1) representative stom NGO:

(1) r

concermed

SECTION fo MARINE PROTE TED AREAS ei a SHALL

BE ESTABLISHED AT LEAST ON



PR MA
OF THE SAN 3G1 “SHALL B) im ABLE “FOR PROSECUTION
UNDER REPUBLIC ACT Ni ND___OTHER
RELEVANT LAWS.

SEC. 82-D. 7 iL NETWORK OF MARINE PROTECTED
AREAS. TI PATMENT SHALL PROMOTE THE ESTABLISH!

OF A NATI NA NE RK OF MARINE PROTECTED AREAS FOR.

SHARING _ ENCES AND COORDINATING MANAGEMENT
sous

hereby amended to

SECTION 26. Section 86 of Rep. Act No, 8551
read as follows

“Section 86. Una
Fisheries Activities. No
capture or gather fish,
products, or enga:
license, lease or permi

TLSHALL BE UNLAWFUL FOR ANY COMMERCIAL FISHING

in Other Unauthorized
produce, breed, culture,
hery species or fishery

ed Fishing or Enga;

VESSEL TO FISH IN. BAYS AND_IN UC OTHER FISHERY
MANAGEMENT AREAS \ E pCLARED
BY THE DEPARTMI ND TF R-EXPLOITED.

4 MUNICIPAL EISHERFOLK. WHO COMMITS ANY ACT OR

erase WN_IN VIOLATION OF THIS IN SHALL BE PUNISHED.
ATION OF CATCH AND A FINE OF FIVE HUNDRED

SH COMMIUTS- ee

E ‘ALENT 10 THE Val
SUNDRED THOUSAND PESOS. WHICHEVER IS HIGHER
AUBRISONSIES TG: S36. 1585, CUMEISCATON DF CALC AND
HSHING-GEARS._als VOCATION

INCLUDE
DESTRUCT YREAL ) i
Bees a y PRESCRIBED SHALL BE
IMPOSED UPON BOAT CAPTAIN. THE THREE (3) HIGHEST
OFFICERS OF F_IHE BOaT.OPERATOR AND THE OWNER OF THE
HISHING VESSEL, IN CASE THE OWNER OR OP) RATOR IS A
PARTNERSHIP OR A CORPORATION. THE _PE! d y
PRCT ED. SHALL BE IMPOSED UPON THE PARINERS OR UPON

ENT AND GENERAL MANAGER. THE LIABILITY OF
TiTE PERSONS HEREIN NAMED SHALL BE SOLIDARY.

Discovery of any person in an area where he hes no pai or
tration Fe



{ft shall be unlawful for any commercial fishing vessel to fish in bays
and in such other fishe management areas which may hereinafter be
declared as over-exploited.] 7

[Any commercial fishing boat captain or three (3) highest officers of
the boat who commit any of the 2bove prohibited acts upon conviction shall be
punished by a fine equivalent to the value of catch or Ten thousand pesos
(P 10,000.00) whichever is higher, and imprisonment of six (6) months,
confiscation of catch and fishing gears, and automatic revocation of license]

{lt 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 (P500.00).]
SECTION 27. Section 87 of Rep. Act No. 8550 is hereby amended to
tead as follows:

“Section 87. Poaching in Philippine Waters. — It shall be unlawful for
any foreign person, corporation or entity to fish or operate eny 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$100,000.00)] ON} vu

J$$1.000. , in addition to the confiscation of its catch, fishing
equipment and fishing vessel: Provided, That the Department is empowered to
impose an administrative fine of not less than [Fifty thousand U.S. Dollars
(US$50,000.00)] FLV) ‘ ND_U

500,000.00) but not more than [Two hundred thousend U.S. Dollars

(US$200,000.00)) ONE MILLION US DOLLARS (US$1.000.000.00] or its
equivalent in the Pailippine currency.”

WN) A N OR

SALTY HEREIN PROVIDED SHALL BE

IMPOSED UPON THE PARTNERS OR UPON THE PRESIDENT AND

GENERAL MANAGER. 7 N :
Nal ES y.

SECTION 28. Section 88 of Rep. Act No. 8550 is hereby amended to
read as follows: :

Section $8. Fishing Through Explosives, Noxious or Poisonous
Substance, andor Blecriciy. ~ (1) It shall be unlawful for any person 0
catch, take oF gather or cause to be caught, tken or gathered, fish or any
Fishery species in Philippine waters with the use of elecwicity, explosives,
SRMONS oF Poisonous substance such as sodium cyanide in the Philippine
Sherr ateas, which will Kill supety, disable or render unconscious fish ot
fishery species: Provided. That the Department, subject to such safeguards and
Conditions deemed necessary and endorsement fiom the concemed 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: Provided. 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)
MAY BE ALLOWED.



Tt 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 electrofishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall
constitute prima facie evidence, that the same was used for fishing in 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, bost official or

fishworker is fishing with the use thereof.

(2) Mere possession of explosive, noxious or poisonous substances [or
electrofishing devices} [for illegel fishing] shal! be punishable by
imprisonment ranging from {six (6) months to two (2) years} TEN (10)
YEARS TO TWENTY (20) YEARS.

3) M IN.
IN NI] IN? i wi
IR (4) ARS

((3)] (@) Actual use of explosives, noxious or poisonous substances or
electrofishing devices [for illegal fishing) shall be punishable by imprisonment
ranging from {five (5) years to ten (10) years] nae

“FIVE (25) without prejudice to the filing of separate
‘criminal cases when the use of the same result to physical injury or loss of
human life. i i Ni
ISE_OF y i NOU:
Nt Ni A PI
= :

[(4)] (S) Dealing in, selling, or in any manner disposing of, {for profit]
illegally caught/gathered fisheries species shall be punished by imprisonment
ranging from [six (6) months to two (2)] (4) 8
years.

((5)] (6) 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.”

IN WN:

RIS A PARTNI IR
i N_THE TN! R_UPON. NT
INS_HEREIN:

Na)
SECTION 29. Section 90 of Rep. Act No. 8550 is hereby amended to read
as follows:

=

&
z
i
ko
‘ea
ies
ro

Watere nn, 20 Use of REGULATED Fishing Gears in the Municipal
Waters and Bays and Other Pishery Management Areas. lt shall be unlawful to
engage in fishing in municipal waters and in all bays as well as other fishery
managentent areas using REGULATED fishing gears as defined in this code.

_ THE MUNICIPALITY OR CITY GOVERNMENT. HOWEVER.
Y JGH_ ITS LOCAL CHI EXECU’ AND ACTIN



ATURAL RESOURCES.

CONSERVE BIODIVERSITY. MANAGE

PROTECT ENDANGERED SPECIES. REDUCE USER CONFLICTS.
PROVID TIONAL AND RESEARCH OPPORTUNITIES. AND

ENHANCE RECREATIONAL FISHERIE:

FISHERY RESERVA
‘! MANGROVE SWAMP RESERVATIONS.
WITHIN. THESE. ‘AREAS NO COMMERCIAL FISHING SHALL BE

L ae SENT TTNER BE uso
XATING_AND MANAGING MES PROT FECTED A REAS

SECTION
CONCERNED, UPO? ION CF THE FARMC. AND.
WITH THE A: E OF BFAR. SHALL BE REGPOSSIBLE FOR
THE IDENTIFICATION, ESTABLISHMENT AND MANAGEMENT OF

MARINE PROTECTED AREAS WITHIN MUNICIPAL WATERS WITH
AN_AREA OF AT LEAST FIFTEEN PERCENT 5% _WHERE
APPLICABLE QF THE TOTAL COASTAL Es
MUNICIPALITY SHALL BE IDENTIFIED. BASED ON. THE REST
AVAILABLE SCIENTIFIC DATA. THE AREA HEREIN PROVIDED
MAY NOT BE CONTIGUOUS. THE FUND FOR THE ESTABLISHMENT
OF MPA SHALL BE PROVIDED BY THE LGU. SUCH MPAs SHALL BE
ESTABLISHED WITHIN SIX (6) MONTHS FROM THE APPROVAL OF
‘THIS ACT. PROVIDED FINALLY, THAT THE DEPARTMENT SHALL
u S CE_AND INCENTIVES TO LGUs IN
WORKS MPAs. 10 ENHANCE AND

(RENGTHEN THE HABITAT AN)
SPAWNING GROUNDS OF FISH. WITHIN THESE AREAS NO
COMMERCIAL HSHING SHALL BE ALLOWED.

DX_AREAS WHER.
RESOURCES _ MANAGEM
ESTABLISHED Pt -RSUANT_1 I
AMENDED. THE
MANAGEMENT OF THE MARINE PROTECTED Al HALL B.
VESTED UPON THE IFARMGS saan
Soe MEAS ADMIN ADM! ERED ANT) SUPERVISED BY

NE SSHERY BESTRUES FSH
\ND__ MANGROVE _ SWAMP RESERVATIONS
ALREADY DECLARED OR PROCL 3 MED. BY-TEE PRESIDE



PURSUANT TO AN APPROPRISTE ORDINANCE. AUTHORIZE OR
PERMIT THE USE BY MUNICIPAL FISHERFOLK AND SMALL“ SCALE
COMMERCIAL FISHERS OF REGULATED FISE GEARS AS
DEFINED IN THIS CODE WITHIN THE FIFTEEN (15) KILOMETER
AREA FROM LINE IN MUNICIPAL W, S AS DEFIN]

HEREIN. PROVIDI HAT ALL THE FOLLOWING ARE MET:
a) HAT SAID ORDINANCE PROVI IDES FOR A LIST OF ALL

. BOTH REGULA’ AND UN LATED. BASED ON 7!
a J NATION WITH

Cc
BFAR.
b) i; AT. SAID RDIN: NCE. ‘ OV] OR T Ir INS

IN Fis AR INt
MESH SIZE. TEMPORAL RANGE OR RANGE OF TIME TO WHICH
GEAR MAY BE ALLOWED. ZONING OR DESIGNATED AREA WHERE
GEAR MAY BE ALLOWED. SIZE RESTRICTIONS OR |

2 TIONS OR PHYSICAL

DIMENSIONS ALLOWED. NUMBER RESTRICTIONS _OR_THE
QUANTITY OF GEARS ALLOWED. DESIGN REGULATIONS OR
WED FOR

ae PARTS 289 MATERIALS ALLOW
EFF JLATION

On Li F
©) A SYSTEM THAT SHALL SURE A * ew GEAR-ANDIOR

TECHNOLOGY TO AN APPLIC: S
JCTION IN.
JLATED FISHIN Al FINED IN

INAN! NI

i) BRIOR CONSULTATION. THROUGH PUBLIC HEARING. WITH
THE VARIOUS STAKEHOLDERS AND M/C/IFARMC HAS BEEN

CORD RS a na PATION OF THE
SAID ORDINANCE.

INNO CASE SHALL THE AUTHORIZATION OR PERMIT MENTIONED

ABOVE BE GRANTED FOR FISHING IN BAYS AS DETERMINED BY
A ST IN_AN_ENVIRONMEN’

INDITION AND DURIN IN_AS PROV! RIN

v DI
S NI
PHILIPPINE WATERS.

The owner, OPERATOR, boat captain and master fisherman of the
vessels which participated in the violation shall suffer the penalty of
imprisonment from six (6) years to twelve (12) years with no probation; and a
fue of Two Thousand (P2,000.00) t0 Ten Thousend Pesos (P10,000.00).

‘araphemalia, gears and the vessel shall be confiscated and forfeited

IN CASE THE OWNER OR OPERATOR IS A PARTNERSHIP OR
AC ATION. NAL’ iN PROVID) LLB)

ED UPON THE PARTNERS OR UPON IDENT_AND
GENERAL MANAGER. THE LIABILITY OF THE PERSONS HEREIN
NAMED SHALL BE SOLIDARY.

SECTION 30. Section 91 of R.A. 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 io gather, possess, sell or export

BANNI v



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 im; ‘isonment from
six (6) months and ONE (1) DAY to TEN (10) years and a fine fom ONE
HUNDRED thousand pesos (P100,000.00) to FIVE HUNDRED thousand
pesos (P500,000.00), or both such fine and imprisonment, at the discretion of
the court, end forfeiture of the subject corals, including the vessel and is
proper disposition.

‘The confiscated corals shall either be retumed to the sea or donated to
schools and museums for educational or scientific purposes or disposed
through other means.

GENERAL MANAGER. THE LIABILITY OF THE PERSONS HEREIN
31. Section 93 of R.A. 8550 is hereby amended to read as follows:
“Section 93. Illegal Use of Superlights. — It shall be unlawful to
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
six (6) months to two (2) years or a fine of TEN I
(P10.000.00) per superiight, or both such fine and imprisonment at the
discretion of the courts. The superlight, fishing gears and vessel shall be
confiscated.

IN CASE THE OWNER OR OPERATOR S_A PAR’ NERSHIP. OR
‘A CORPORATION, THE PENALTY HEREIN PROVIDED SHALL BE

N N. i T INS IN
SECTION 32. Section 96 of R.A.

50 is hereby amended to read as follows:

__ “SEC. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It
shall be unlawful to fish in fishery areas declared by the Department OR THE
WVERNMENT UNITS as fishery reserves, refuge and sanctuaries.

Violation’ of the provision of this section shall be punished by
Eopcccmeat of two (2) years to six (6) years and/or fine of Two thousand
ee d 900.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of

catch and the cancellation of fishing permit or license.

INCA NI ERS!
z: ER
A CORPORATION. THE PENALTY HEREIN PROVIDE) 5
ATION. 2D IN_P IDED SHALL BE
IMPOSED. UPON THE PARIN) OR UPON THE PRESIDENT AND
isi NERAL MANAGER. THE LIABILITY OF THE PERSONS HEREIN

NAMED SHALL BE SOLIDARY.”
SECTION 33. Section 103 of R.A. $550 is hereby amended to read as follows:



“Section 103. Other Violations. — The following fisheries eeayiice
shall also be considered as a violation of this Code: :
aaa Failure to Comply with Minimum Safety Standards. — The owner ant

captain of a commercial fishing vessel engaged in fishing who, upon demand

by proper euthorities, 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 with.

b. FAILURE TO COMPLY WITH LABOR 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

NCE_WITH Al NI SU AN:

FISHIN VITY_AN 0} EST PORT

NDI <T_THE LICEN: OPERATE T

FISHING VESSEL SHALL BE SUSPENDED UNTIL THE LABOR

STANDARD HAS BEEN COMPLIED WITH.
© Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and

Fish Cages. — The FLA of the holder who fails to render a yearly report shall
be immediately cancelled: 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) first offease, a fine of Five hundred pesos (P500.00) per
unreported hectare: (2) subsequent offenses, a fine of One thousand pesos

(1,000.00) per unreported hectare.

c. Gathering and Marketing of Shell Fishes. — it shall be unlawful for eny
person 0 take, sell. wansfer, or have in possession for any purpose any
shellfish, which is sexually mature or below the minimum size or above the
maximum quantities prescribed BY THE LGU IN COORDINATION WITH
BEAR for the particular species.

d. Obstruction to Navigation or Flow and Ebb of Tide in any Strearn, River,

Lake or Bey. — It shall be unlawful for any person who causes obstruction to

navigation or flow or ebb of tide.

€ Construction and Operation of Fish Corals/Traps, Fish Pens and Fish

aaa be tla sonst so operie Ssh orralstraps ih
nd fish cages without a license/permit.

Oimonon Y WITH iE TICE ON
AQUACULTURE SND THE EIS SYSTEM SHALL BE PUNISHED BY
G2\_YEARS aNDOR -A- FINE OF HIGRIY THCUSAND. PESOS

ne ea : JSAND_PI

8 [

N, N)
INTIL SUCH VIOLATION NI

___ Subject to the provision of subparagraphs (b) AND (F) of this section,
violation of the above-enumerated prohibited acts shall subject the offender to
a fine ranging ftom Two thousand pesos (P2,000.00) to Ten thousand pesos
(P10,000.00) or imprisonment from one (1) month and one {1) day to six (6)
months, or both such fine and imprisonment. upon the discretion of the court:


Tent the Secretary [5 hereby empowered to impose ©
ore than, Ten thousand. pesos

ts are hereby empowered to impound with the 2ss
ast Guard, PNP-Meritime Command: Provided, finally, That
delays the inspection and/or
when such esperion andor

and iraprisonment, upon the discretion othe court
mmission ofan offense stall ary

s i instruments or tools shall be confiscated and
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 destroved.
SECTION 34. Section 106 of R.A. 8550 is hereby amended to read as follows:

“Section 106. Obstruction to Fishery Law Baia Officer. — The
boat owner, master or operator or any person acting on his behalf of any
fishing vessel who vals, obstructs or hinders any fishery law enforcement
NI \VERNMENT UNIT to
ed Ten thousand pesos ae (000.00). In addition,
license of the
P

perform kis duty, “hall be
the registration. permit and
master fisherman shall be canceled. IN

INJURIES RESU! SING 80M RESSTANCE 0 LEE ESHERY LA
NEORMEN: _TO BE IMPOSED SHALL BE

DOUBLE THE AMOUNT O! ST OF THE PENALTY.
SECTION 106.4, PENALTIES FOR VIOLATION OF MUNICIPAL
EISHERY _ ORDINANCES. [GUS MAY APPROVE MUNICIPAL

FIETY__ THOUSAND PESOS PHP. .
i “MENT OF UP TO SIX (6) YEARS. FORFFITURES OR OTHER
EORMS—_OF- ee Aacuuane

PROHIBITED AC ONS.

~—— SEC] ESCALa IN. Be ALTY. THE FINE!
PRESCRIBED f N BE ING ;

ATLEAST TEN PERCENT fit EVERY TAREE YEARS TO
COMPENSATE FOR INFLATION AND TO AEINTARS THE
DETERRENT FUNCTION OF SUCH FINES.”
SECTION 35. 4 new chapter on lege!, administative and quasi-judicial
actions is hereby inserted to read as follows:
“CHAPTER VA
- ACTIONS
SECTION 106-C. ADMINISTRATIVE ACTION. ~ WITHOUT

EJUDICE TO THE RIGHT OF TED PERSON 10 FILE AN



LIMITATION

SECTION 106-1
DIRECTOR OR
ORDER CONFISCATION — | y
ACLOR OTHER 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 11] SOURCES ILLEGALLY CAusit
TAKEN OR GATHERED. AND ALL GEARS A)

THE COMMISSION OF THE OFFENSE AND TO DISPOSE OF THE
SAME JN ACCORDANCE WITH PERTINENT LAWS. RULES.
REGULATIONS AND POLICIES ON THE MATTER.

SECTION 106-E. REWARD TO INFORMANTS ~ ANY EARMC
WHICH HAS JURISDICTION OVER MUNICIPAL WATERS WHERE
ANY_PERSON CAN EROMDE INFORMATION. LEADING TO
ND CON VICTION OF ANY OFFENDER FOR ANY
VIOLATION OF THIS ACT OR OTHER FISHERY LAWS. RULES AND
ES Ree TON AND STORE OF LSE,
EIS ee OTHER AQUATIC RES( GEAF

See a A. REWARD IN TUE AMOUNT C E

i _THE PROCEEDS _OF _THE
CONFISCATION AD FORFEITURE AND ADMINISTRATIVE FINES
REAU IN RELATION THERETO. PROVIDED
(302%) OF THE REWARD COLLECTED BY THE
ALL BE GIVEN TO THE INFORMANT AND THE OTHER

BE RC SHALL BE UTILIZED FOR LAW
SECTION 106. CITIZENS SUITS. -F0 )& THE PURPOSES OF
ENFORCING THE PROVISIONS OF THIS ACT OR ITS IMPLEMENTING

ADMINISTRATIVE AUTHORITY OF THE
THORIZED REPRESENTATIVE TO

RULES AND REGULATIONS. ANY CITIZEN MAY FILE
ERATE CIVIL CRIMINAL OR ADMINISTRATIVE ACTION IN
THE PROPER COU ‘RIS/BODIES AGAINST:

)

ANY PERSON HO VIOLATES OR I ‘All seuue Eby
WITH THE PROVISIONS OF THIS ACT. IT: a8

B)

2)

PERFORMANC!
INED AS A DUTY BY THIS ACT OR

THE,



is_IMPL
ABUSES

= PERFORMANCE OF HIS
Y¥ PERFORMS HIS

eS IN

SLIT CAN BE F
NOTICE HAS BEEN GI
TUE ALLEGED _V
APPROPRLA
SECTION 106-G. INDI
OF AN ADMINIS?
NOT PREC
ANY

THE FILING
AINSI SUCH PERSONESTIT

SHALL PROCEED INDEPE
SECTION 106-H. SUITS AND STRATEGIC LEGAL ACTION

AGAINST PUBLIC PARTICIPATION _(SLAPP) ANDTHE
EXEORCEMEN ERE A SU

A PERSC
Sor THIS A
GOVERNMENT AGENCY THAT I EMENTS THIS ACT. TL SHALL
BE THE DUTY OF THE INVESTIGATING PROSECUTOR OR THE
COURT. AS THE CASE ETO IMMEDIATELY MAKE _A
DETERMINATION NOT EXCEEDING THIRTY (30) DAYS WHETHER
SAID LEGA

NOT EXCEEDING Tr

\L_ACTION HAS BEEN FILED TO HARASS. VEX, EXERT

ert PRESSURE OR STIFLE SUCH LEGAL RECOURSES SOF THE
M FOR RCING THE. PROVISIONS DE

ON _ DETERMINATION _ THEREOF. 1

WARRANTING THE SAME. THE COURT SHALL DISMISS THE

COMPLAINT AND AWARD THE ATTORNEY'S FEES AND DOUBLE

DAMAGES.

THIS PROVISION SHALL ALSO APPLY AND BENEFIT PUBLIC

OFFICERS WHO ARE SUED FOR ACTS COMMITTED. IN THEIR

OFFICIAL CAPACE RE BEING NO GRAVE.

AUTHORITY. AND DONE IN THE COURSE OF se NING THIS

ACT.

v - LIEN UPON PERSONAL AND IMMOVABLE
PROPERTIES OF Vi JOLATORS. - FINES AND PENALTH ES IM EOSEL 2

(OVABLE PROPERTIES Of THE VioLaT
IN SEN OF THE RESPOND’



AND MAINTAIN HATCHERY OF HIGH VALUE
x E USE OF FISHING

milippin e
Maritime Command, law enforcement officers of

ce this code and other fishery laws,

THE_CITy _OR
BARANGAY AND OTHER COMP PA AGA SEN OFnCLALS
AND__EMPLOYEES SHALL BE RESPONSIBLE FOR THE
ENEORCEMENT OF THIS CODE. OTHER FISHERY LAWS, RULES
AND REGULA sues eae PPROPRIATE MUNICIPAL. FISHERIES
AND MEMBERS OF __EISHERFOLK

ORDINANCE.
SOCIATION: stig HAE UNDERGONE TRAINING ON LAW

ENFORCEMENT MAY BE DESIGNATED IN WRITING BY THE LGU

AS FISH WAR
THE LGUS SHALL PROVIDE BENEFITS’ INCENTIVES SYSTEM
EOR__DEPU TIZED. FISH WARDENS DESIGNATED __AS__ SUCH

HE LGUs SHALL HAVE THE
COLLECTED FROM VIOLATIO!

SECTIO ica ane to read as follows

“Section 1 ‘olstors
of Fishery Laws, m i emberk on @ program
To strengthen the prosecution and conviction aspects law

enforcement

tation of the current complement of state

prosecutors and through their co: fishery
laws, rules and regulations. THE PROVINC Al C iy OR VICIPAL
Ni

Leal OFFICE SHALL BE DEPUTIZED TO PROSECUTE V :
UNDER THIS ACT. THE DO] MAY ALSO DEPUTIZE PRIVATE
PROSECUTORS TO HANDLE THE CASES, UNDER THE GENERAL
SUPERVISION OF THE STATE PROSECUTORS,

THE_DEPARTMENT IN DINAT OH. ae
DEPARTMENT OF JUSTICE AND THE PHILIPPIN)

ACADEMY

SHALL CONDUCT _CONTINUO!



SECTION 39. Repealing Clause. — Ali laws, decrees, executive orders and rules and
regulations or part thereof, which are inconsistent with this Code, are repealed or modified
accordingly

SECTION 40. Separabilizy Clause.
unconstitutional or invalid, the portions or pro
shall continue in full force and effect.

SECTION 41. Effectivity.— This Act shall take effect fifteen (15) days following its

complete publication in at least two (2) newspapers of general circulations.
Approved,

— If any portion of this Code is declared
ions thereof, which are not affected thereby,