SIXTEENTH CONGRESS OF THE fs
REPUBLIC OF THE PHILIPPINES) {|
First Regular Session ) 9, BY:

HOUSE OF REPRESENTATIVES
4425

House Bill No.

Introduced by
HONORABLE MARK A. VILLAR &
HONORABLE CONRADO M. ESTRELLA III

EXPLANATORY NOTE

The Philippines is an archipelagic state with over 2.2 million sq. km. of highly
productive seas and has an estimated 26,000 sq. km. of coral reefs, thus making the
country an important producer of fish in the world. In fact, according to Food and
Agriculture Organization, the Philippines ranked 5th among the top fish producing
countries in the world in 2010, with its total production of 5.16 million metric tons of
fish, crustaceans, mollusks, and aquatic plants (including seaweeds). The
production constitutes 3.06% of the total world production of 168.4 million metric
tons. In terms of value, the country’s aquaculture production of fish, crustaceans
and mollusks has amounted to over 1.56 billion dollars. Similarly, the Philippines is
the world's 3rd largest producer of aquatic plants (including seaweeds) having
produced a total of 1.80 million metric tons or nearly 9.48% of the total world
production of 19.01 million metric tons.

In 2011, the fishing industry's contribution to the country's Gross Domestic
Products (GDP) were 1.9 % and 2.2% at current and constant 2000 prices,
respectively. This translates to some P183.1 billion for current prices and P130.77
billion for constant prices of the country's GDP of P9,735.52 billion (current prices)
and P§,924.4 billion (constant prices), (Bureau of Fisheries and Aquatic Resources
Website)

In other words, the fishing industry contributes immensely to the income,
employment and nutrition of Filipinos.

However, Philippine fisheries resources are being rapidly depleted as
evidenced by the decline of fish catch due to indiscriminate methods used including,
among others, fishing through explosives, noxious or poisonous substance,
electrofishing, fine mesh nets, coral exploitation, muro ami, and other methods and
gears destructive to coral reefs and other marine habitat, use of superlight, fishing or


taking of rare, threatened or endangered species, capture of sabalo and other
breeder/spawners, violation of catch ceilings, obstruction to navigation or flow and
ebb of tide in any stream, river, lake or bay, and unlicensed construction and
operation of fish corrals/traps, fish pens and cages.

While these violations are penalized under Republic Act 8550 or the
Philippine Fisheries Code of 1998 (RA 8550), the penalties imposed are not
commensurate to the damage cause to our marine life, For example, sometime in
May of 2011, poachers destroyed about 7,000 hectares of coral reef in Moro Gulf
and Sulu Sea in the south Philippines when they harvested more than 21,000 pieces
of black corals, which were seized by customs authorities in Manila. Accordingly,
"One reef complex” - twice the size of Manila district - was decimated. While
damaged coral reefs would take 25 years or more to recover, a violator, however,
would only get six (6) months to two (2) years’ time in prison. In exchange for large
sums of money, violators only find these penalties convenient, a pint in their
business investment pie.

Thus, there is a need to amend Chapter VI of RA 8550 to INCLUDE
prohibitions not covered by the law, and impose more severe penalties to deter
violations thereof. After all, punishment must be commensurate with the crime
committed,

Therefore, the passage of this bill is earnestly sought

MARK A. VILLAR, ‘CONRAI

Lone District, Las Pifias City

(ESTRELLA Ill
A-List ABONO


SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES)
First Regular Session )
HOUSE OF REPRESENTATIVES
4425

House’Bill No.

Introduced by
HONORABLE MARK A. VILLAR &
HONORABLE CONRADO M. ESTRELLA I!

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8550,
OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998
AND FOR OTHER PURPOSES.

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

SECTION 1. There shall be added to Section 4 of Republic Act 8550 Items
(74) and (75) as follows

Section 4. Definition of Terms. - As used in this Code, the following
terms and phrases shall mean as follows:

1. XXX
2.

74, Unreported fishing - refers to fishing activities which have not been
reported, or have been misreported to the Department, in contravention of
national laws and regulations of the Philippines; or undertaken in the area of
competence of a relevant Regional Fisheries Management Organization which
have not been reported or have been misreported, in contravention of the
reporting procedures of that organization and further elaborated by regulations to
be promulgated by the Department,

75. Unregulated fishing - refers to fishing activities in the area of application of a
relevant Regional Fisheries Management Organization that are conducted by
vessels without nationality, or by those flying the flag of the Philippines or other
Getales pot party to that organization, or by a fishing entity, in a manner that is not
consistent with or contravenes the conservation and management measures of
that organization; or in areas or fish stocks in relation to which there are no


applicable conservation and management measures and where such fishing
activities are conducted in a manner inconsistent with the state responsibilities of
the Philippines for the conservation of living marine resources under international
law.

SECTION 2. Section 86, Republic Act No. 8550 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 herein-after be declared
as over-exploited.

Any commercial fishing boat owner and the three (3) highest officers of
the boat who commit any of the above prohibited acts shall, upon conviction,
be punished by A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF
CATCH OR FIFTY THOUSAND PESOS (P50,000.00) FOR SMALL-SCALE
COMMERCIAL FISHING, ONE __HUNDRED__ THOUSAND __PESOS.
(P100,000.00) FOR MEDIUM-SCALE COMMERCIAL FISHING AND FIVE
HUNDRED THOUSAND PESOS _(P500,000.00) FOR LARGE-SCALE
COMMERCIAL FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, AND
IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, confiscation of catch and
fishing gears, and revocation of license, PROVIDED, THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE FINES UPON
DETERMINATI THAT THE PERSON/S HAS_V! T
PROVISION. IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
CASES OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE
TIMES THE AMOUNT OF THE FINES ABOVE STATED.

IN THE CASE OF FISHING WITHOUT A LICENSE, DOUBLE OF THE
ABOVE ADMINISTRATIVE PENALTIES SHALL BE IMPOSED UPON ANY
PERSON WHO HAS VIOLATED THE ABOVE PROVISION.

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 TEN THOUSAND PESOS
(P10,000.00)."


SECTION 3. Three new provisions, dubbed as Sections 86-A, 86-B, and 86-
C, are hereby added to the existing provisions of this Code. The same shall read as
follows’

SECTION 86-A. FAILURE TO SECURE INTERNATIONAL FISHING
PERMIT PRIOR TO FISHING OR ENGAGING IN OTHER FISHERIES
ACTIVITIES IN THE HIGH SEAS OR IN THE TERRITORIAL SEAS AND
EXCLUSIVE ECONOMIC ZONES OF OTHER STATES. - IT SHALL BE
UNLAWFUL FOR PHILIPPINE REGISTERED FISHING VESSELS TO
OPERATE_IN THE HIGH SEAS, OR IN THE TERRITORIAL SEAS AND
EXCLUSIVE ECONOMIC ZONES OF OTHER STATES WITHOUT FIRST
SECURING INTERNATIONAL FISHING PERMIT __ FROM __THE
DEPARTMENT.

DISCOVERY OF SUCH FISHING VESSEL_IN_THE ABOVE
MENTIONED AREAS WHERE THE SAME HAS NO_ PERMIT AND/OR
REGISTRATION PAPERS FOR FISHING OR ENGAGING _IN_OTHER
FISHERY ACTIVITIES THEREIN SHALL CONSTITUTE AS A PRIMA FACIE
PRESUMPTION THAT THE VESSEL IS ENGAGED IN THE SAID
VIOLATION.

IT SHALL_ALSO_BE_UNLAWFUL FOR THE SAID VESSEL TO
COMMIT ACTS THAT ARE IN CONTRAVENTION WITH THE TERMS AND
CONDITIONS STATED IN THE INTERNATIONAL FISHING PERMIT OR AS
MAY BE PROMULGATED BY THE DEPARTMENT.

ANY COMMERCIAL FISHING BOAT OWNER/OPERATOR AND THE
THREE (3) HIGHEST OFFICERS OF THE BOAT WHO COMMIT ANY OF
THE ABOVE PROHIBITED ACTS SHALL, UPON CONVICTION, BE
PUNISHED BY A FINE EQUIVALENT TO THREE (3) TIMES THE VALUE OF
CATCH OR FIVE HUNDRED THOUSAND PESOS (P500,000.00) FOR
SMALL-SCALE COMMERCIAL FISHING, ONE __ MILLION _ PESOS
(P1,000,000.00) FOR MEDIUM-SCALE COMMERCIAL FISHING AND TWO
MILLION PESOS (P2,000,000.00) FOR LARGE-SCALE COMMERCIAL
FISHING, RESPECTIVELY, WHICHEVER _IS__ HIGHER, AND
IMPRISONMENT OF FOUR (4) TO SIX (6) YEARS, CONFISCATION OF
CATCH AND FISHING GEAR’ ND_ AUTOMATIC REVOCATION OF
LICENSE, PROVIDED, THAT THE DEPARTMENT IS EMPOWERED TO
IMPOSE THE ABOVE FINES UPON DETERMINATION THAT _THE
PERSONS HAS VIOLATED THE ABOVE PROVISION. IN CASE OF _A
SECOND OFFENSE, THE FINE SHALL BE_EQUIVALENT TO TWO TIME:
THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE

FINES ABOVE STATED.

SECTION 86-B, UNREPORTED FISHING - IT SHALL BE UNLAWFUL
FOR ANY PERSON TO ENGAGE IN UNREPORTED FISHING AS DEFINED
IN SECTION 4 PARAGRAPH 74 OF THIS CODE.



VIOLATION OF THIS PROVISION IN WATERS UNDER THE
NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE OF FIFTY
THOUSAND PESOS _(P50,000,00) FOR SMALL-SCALE COMMERCIAL
FISHING, ONE HUNDRED THOUSAND PESOS _(P100,000.00)_FOR
MEDIUM-SCALE COMMERCIAL FISHING, AND FIVE HUNDRED
THOUSAND PESOS (P500,000.00) FOR LARGE-SCALE COMMERCIAL
FISHING, RESPECTIVELY, FOR THE FIRST OFFENSE. SECOND
OFFENSE SHALL BE PENALIZED BY DOUBLE THE AMOUNT OF FINE
AND SUSPENSION OF LICENSE FOR ONE (1) YEAR. THIRD OFFENSE
SHALL BE PENALIZED BY FIVE TIMES THE AMOUNT OF FINE AND
REVOCATION OF LICENSE, PROVIDED, THAT THE DEPARTMENT 1S
EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES AND
PENALTIES.

VIOLATION OF THIS PROVISION IN WATERS BEYOND NATIONAL
JURISDICTION SHALL BE PENALIZED BY A FINE OF ONE HUNDRED
THOUSAND PESOS (P100,000.00) FOR SMALL-SCALE COMMERCIAL
FISHING, TWO HUNDRED THOUSAND PESOS _(P200,000,00)_FOR
MEDIUM-SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS
(P1,000,000,00) FOR _LARGE-SCALE___COMMERCIAL _ FISHING,
RESPECTIVELY, FOR THE FIRST OFFENSE. SECOND OFFENSE SHALL
BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION
OF LICENSE AND INTERNATIONAL FISHING PERMIT FOR ONE_(1)
YEAR. THIRD OFFENSE SHALL BE PENALIZED BY FIVE TIMES THE
AMOUNT OF FINE AND REVOCATION OF LICENSE AND.
INTERNATIONAL FISHING PERMIT, PROVIDED, THAT __THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE MENTIONED
FINES AND PENALTIES.

SECTION 86-C. UNREGULATED FISHING _- IT SHALL _BE
UNLAWFUL FOR ANY PERSON TO ENGAGE IN UNREGULATED FISHING
AS DEFINED IN SECTION 4 PARAGRAPH 75 OF THIS CODE.

VIOLATION OF THIS PROVISION _IN_WATERS UNDER THE
NATIONAL JURISDICTION SHALL BE PENALIZED BY A FINE OF FIFTY
THOUSAND PESOS _(P50,000.00) FOR SMALL-SCALE COMMERCIAL
FISHING, ONE HUNDRED THOUSAND PESOS __(P100,000.00)_ FOR
MEDIUM-SCALE COMMERCIAL ___ FISHING, IND_FIVE HUNDRED
THOUSAND PESOS _(P500,000.00) FOR LARGE-SCALE COMMERCIAL
FISHING, RESPECTIVELY, FOR THE FIRST OFFENSE, SECOND
OFFENSE SHALL BE PENALIZED BY DOUBLE THE AMOUNT OF FINE
AND SUSPENSION OF LICENSE FOR ONE (1) YEAR. THIRD OFFENSE

SHALL BE PENALIZED BY FIVE TIMES THE AMOUNT OF FINE AND
REVOCATION OF LICENSE; PROVIDED, THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES AND

PENALTIES.

VIOLATION OF THIS PROVISION IN WATERS BEYOND NATIONAL
JURISDICTION SHALL_BE PENALIZED BY A FINE OF ONE HUNDRED
THOUSAND PESOS (P100,000.00) FOR SMALL-SCALE COMMERCIAL



EISHING, TWO HUNDRED THOUSAND PESOS __(P200,000.00)_ FOR
MEDIUM-SCALE COMMERCIAL FISHING, AND ONE MILLION PESOS
(P1,000,000.00) FOR LARGE-SCALE COMMERCIAL FISHING.
RESPECTIVELY, FOR THE FIRST OFFENSE, SECOND OFFENSE SHALL
BE PENALIZED BY DOUBLE THE AMOUNT OF FINE AND SUSPENSION
OF LICENSE AND INTERNATIONAL FISHING PERMIT FOR ONE (1)
YEAR, THIRD OFFENSE SHALL BE PENALIZED BY FIVE TIMES THE
AMOUNT OF FINE AND REVOCATION OF LICENSE AND
INTERNATIONAL FISHING PERMIT, PROVIDED, THAT THE
DEPARTMENT |S EMPOWERED TO IMPOSE THE ABOVE MENTIONED
FINES AND PENALTIES.

SECTION 4. Section 87, Republic Act No. 8550 is hereby 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 FIVE HUNDRED
THOUSAND U.S. DOLLARS (US$500,000.00) 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
TWO HUNDRED THOUSAND U.S. DOLLARS (US$200,000.00) BUT NOT
MORE THAN THREE HUNDRED THOUSAND U.S. DOLLARS
(US$300,000.00) or its equivalent in the Philippine Currency.” IN CASE OF A
SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO TIMES
THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
FINES ABOVE STATED.

SECTION 5. Section 88, Republic Act No. 8550 is hereby amended to read as

follows:

"Section 88. Fishing Through Explosives, Noxious or Poisonous
Substance, and/or Electricity.

It shall be unlawful for any person to catch, take or gather or cause to be
caught, taken or gathered, fish or any fishery species in Philippine waters with
the use of electricity, explosives, noxious or poisonous substance such as
sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable
or render unconscious fish or fishery species: Provided, that the Department,
subject to such safeguards and conditions deemed necessary and
endorsement from the concerned LGUs may allow, for research, educational
or scientific purposes only, the use of electricity, poisonous or noxious



2)

3)

4)

substances to catch, take or gather fish or fishery species: Provide, 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.

It 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 electro-fishing in any fishing vessel or in the
possession of any fisher folk, operator, fishing boat official or fish worker shall
Constitute a 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 fisher folk, operator,
boat official or fish worker is fishing with the use thereof.

Mere possession of explosive, noxious or poisonous substances or electro
fishing devices for illegal fishing shall be punishable by imprisonment ranging
from TWO (2) TO SIX (6) YEARS: PROVIDED, THAT THE DEPARTMENT |S
EMPOWERED TO IMPOSE A FINE RANGING FROM FIVE THOUSAND
PESOS (P5,000.00) UP TO FIVE HUNDRED THOUSAND PESOS
(P500,000.00). WITHIN SIX MONTHS FROM THE EFFECTIVITY OF THIS
LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY
GRADUATION OF PENALTIES DEPENDING ON THE NUMBER OF
EXPLOSIVE DEVICES, AMOUNT OR VOLUME OF NOXIOUS AND
POISONOUS SUBSTANCES AND NUMBER OF ELECTRO FISHING
DEVICES AND THE FREQUENCY OF VIOLATIONS.

Actual use of explosives, noxious or poisonous substances or electro fishing
devices for illegal fishing shall be punishable by imprisonment ranging from
TWENTY (20) TO TWENTY-FIVE (25) YEARS without prejudice to the filing
of separate criminal cases when the use of the same result to physical injury
or loss of human life. In cases when death or physical injuries results from the
use of explosives, noxious or poisonous substances or electro fishing devices,
the maximum penalty provided above shall be imposed; PROVIDED, THAT
THE DEPARTMENT IS EMPOWERED TO IMPOSE A FINE RANGING
FROM TEN THOUSAND PESOS (P10,000.00) UP TO ONE MILLION
PESOS (P1,000,000.00). WITHIN SIX MONTHS FROM THE EFFECTIVITY
OF _THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE
NECESSARY GRADUATION OF PENALTIES DEPENDING ON THE
NUMBER OR FREQUENCY OF VIOLATIONS.

Possessing, dealing in, selling, or in any manner disposing of, for profit,
illegally caughigathered fisheries species shall be punished by imprisonment
ranging from FOUR (4) TO EIGHT (8) YEARS: PROVIDED THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE A FINE RANGING FROM



FIVE THOUSAND PESOS (P5,000.00) UP TO FIVE HUNDRED THOUSAND
PESOS (P500,000.00), WITHIN SIX MONTHS FROM THE EFFECTIVITY OF
THIS LAW, THE DEPARTMENT SHALL PROMULGATE THE NECESSARY
GRADUATION OF PENALTIES DEPENDING ON THE NUMBER, VOLUME,
OR VALUE OF THE ILLEGALLY CAUGHT/GATHERED FISHERY SPECIES
AND THE FREQUENCY OF VIOLATIONS,

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."

5)

SECTION 6. Section 89, Republic Act No. 8550 is hereby amended to read as.
follows:

"Section 89, Use of Fine Mesh Net. It shall be unlawful to engage in fishing
using nets with mesh smaller than that with which may be fixed by the Department:
Provided, that the prohibition on the use of fine mesh net shall not apply to the
gathering of fry, glass eels, elvers, fabios, and alamang and such species, which by
their nature, are small but already mature to be identified in the implementing rules
and regulations by the Department

Violation of the above shall subject the offender to A FINE EQUIVALENT TO
THREE TIMES THE VALUE OF THE CATCH OR TEN THOUSAND PESOS
(P10,000.00) FOR THOSE ENGAGED IN MUNICIPAL FISHING, TWENTY-
THOUSAND PESOS (P20,000.00) FOR THOSE ENGAGED IN SMALL-SCALE
COMMERCIAL FISHING, FIFTY THOUSAND PESOS (P50,000.00) FOR THOSE
ENGAGED IN MEDIUM-SCALE COMMERCIAL FISHING, AND ONE_HUNDRED
THOUSAND PESOS (P100,000.00) FOR THOSE ENGAGED IN LARGE-SCALE
COMMERCIAL FISHING, RESPECTIVELY, WHICHEVER IS HIGHER, AND
IMPRISONMENT FROM FOUR (4) TO SIX (6) YEARS: Provided, that if the offense
is committed by a commercial fishing vessel, the boat captain and the master
fisherman shall also be subject to the penalties herein: Provided, further, that the
owner/operator of the commercial fishing vessel who violates this provision shall be
subjected to the same penalties provided herein: Provided, finally, that the
Department is hereby empowered to impose upon the offender an
ADMINISTRATIVE FINE EQUIVALENT TO THE ABOVE-MENTIONED AMOUNT
and/or cancel his permit or license or both. IN CASE OF A SECOND OFFENSE.
THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE AMOUNT OF THE
PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE
FIVE TIMES THE AMOUNT OF THE FINES ABOVE STATED.

SECTION 7. Section 90, Republic Act No, 8550 is hereby amended to read as
follows:

"Section 90. Use of Active Gear in the Municipal Waters and Bays and Other
Fishery Management Areas. - It shall be unlawful to engage in fishing in
municipal waters and in all bays as well as other fishery management areas
using active fishing gears as defined in this Code. Violators of the above
prohibitions shall suffer the following penalties:



(1) The owner/operator, boat captain, and master fisherman of the vessels
who participated in the violation shall suffer the penalty of fine equivalent
to three (3) times the value of the catch or FIFTY THOUSAND PESOS
(P50,000.00) FOR THOSE ENGAGED IN SMALL-SCALE COMMERCIAL
FISHING, ONE HUNDRED THOUSAND PESOS (P100,000.00) FOR
THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL FISHING, AND
FIVE HUNDRED THOUSAND PESOS (P500,000,00) FOR THOSE
ENGAGED IN LARGE-SCALE COMMERCIAL__ FISHING.
RESPECTIVELY, WHICHEVER IS HIGHER, AND IMPRISONMENT
FROM SIX (6) YEARS TO TWELVE (12) YEARS; PROVIDED, THAT THE
DEPARTMENT IS ALSO EMPOWERED TO IMPOSE THE ABOVE-
MENTIONED FINES AND TO SUSPEND OR REVOKE THE LICENSE
FOR COMMERCIAL FISHING.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL_BE
EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE
TIMES THE AMOUNT OF THE FINES ABOVE STATED

If the owner/operator OF THE FISHING VESSEL is a corporation, the
penalty shall be imposed on the chief executive officer of the corporation. If
the owner/operator is a partnership the penalty shall be imposed on the
managing partner.

(2) The catch shall be confiscated and forfeited."

SECTION 8. Section 91, Republic Act No, 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 to gather, possess, sell or export ordinary precious and
semi-precious corals, whether raw or processed form, except for scientific or
research purposes,

Violations of this provision shall be punished by IMPRISONMENT FROM
EOQUR (4) YEARS TO SIX (6) YEARS AND A FINE EQUIVALENT. THREE
TIMES THE VALUE OF THE CORALS GATHERED, POSSESSED, SOLD, AND/OR
EXPORTED OR FIVE HUNDRED THOUSAND PESOS (P500,000.00), whichever is
higher, 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,
PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE
MENTIONED FINE.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE

FINES ABOVE STATED.



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."

SECTION 8. Section 92, Republic Act No. 8550 is hereby amended to read as
follows:

"Section 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral
Reefs and Other Marine Habitat, - It shall be unlawful for any person natural or
juridical, to fish with gear method that destroy coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department. "Muro-Ami" and
any of its variation, and such similar gear and methods that require diving, other
physical or mechanical acts to pound the coral reefs and other habitat to entrap,
gather or catch fish and other fishery species are also prohibited.

THE OWNER/OPERATOR OF THE FISHING VESSEL/S, BOAT CAPTAIN,
MASTER FISHERMAN, AND RECRUITER OR ORGANIZER OF FISHWORKERS
WHO VIOLATE THIS PROVISION SHALL SUFFER A PENALTY OF EIGHT (8)
YEARS TO TWELVE (12) YEARS IMPRISONMENT AND A FINE EQUIVALENT TO
THREE (3) TIMES THE VALUE OF THE FISH CAUGHT THROUGH THE SAID
FISHING OPERATION OR TWO MILLION PESOS (P2,000,000.00), WHICHEVER
iS HIGHER. The catch and gear used shall be confiscated, PROVIDED, THAT THE
DEPARTMENT |S EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINE

IN CASE OF A SECOND OFFENSE, THE FINE SHALL_BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES, IN CASE OF AT LEAST A
THIRD OFFENSE, THE FINE SHALL BE FIVE THI 1
FINES ABOVE STATED.

It shall likewise be unlawful for any person or corporation to gather, sell or

export white-sand CORAL SAND, CORAL FRAGMENTS, CORAL ROCKS, silica,

pebbles OR any other substances which make up any marine habitat,

The person or corporation who violates this provision shall suffer A PENALTY
OF EIGHT (8) YEARS TO TWELVE (12) YEARS IMPRISONMENT AND A FINE
EQUIVALENT TO THREE TIMES THE VALUE OF THE CORAL SAND, CORAL
FRAGMENTS, CORAL ROCKS, SILICA, OR PEBBLES GATHERED, SOLD, OR
EXPORTED OR TWO MILLION 2,000,000,00) WHICHEVER IS HIGHER
The substance taken from its marine habitat shall be confiscated. THE
DEPARTMENT |S EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINE, IN
CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO
TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVE STATED,

SECTION 10. Section 93, Republic Act No. 8550 is hereby amended to read
as follows:


"Section 93. Illegal Use of Superlights. - It shall be unlawful to engage 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
FOUR (4) YEARS TO SIX (6) YEARS AND A FINE OF TWENTY THOUSAND
PESOS (P20,000.00) PER SUPERLIGHT. The superlight, fishing gears and vessel
shall be confiscated. THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
ABOVE-MENTIONED FINE. IN CASE OF A SECOND OFFENSE, THE FINE
SHALL BE EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE
AMOUNT OF THE FINES ABOVE STATED.

SECTION 11. Section 95, Republic Act No. 8550 is hereby amended to read
as follows:

"Section 95. Fishing in Overfished Area and During Closed Season. It shall
be unlawful to fish in overfished area and during closed season.

Violation of the provision of this section shall be punished by
IMPRISONMENT OF FOUR (4) YEARS TO SIX (6) YEARS AND _A_FINE
EQUIVALENT TO THREE TIMES THE VALUE OF THE FISH CATCH OR TEN
THOUSAND PESOS _(P10,000.00)_ FOR THOSE ENGAGED IN MUNICIPAL
FISHING, FIFTY-THOUSAND PESOS (P50,000.00) FOR THOSE ENGAGED _IN
SMALL-SCALE COMMERCIAL FISHING, ONE HUNDRED THOUSAND PESOS
(P100,000,00) FOR THOSE ENGAGED IN MEDIUM-SCALE COMMERCIAL
FISHING, AND TWO HUNDRED THOUSAND PESOS (P200,000.00) FOR THOSE
ENGAGED _IN_LARGE-SCALE COMMERCIAL FISHING, RESPECTIVELY.
WHICHEVER IS HIGHER, the forfeiture of the catch, and the cancellation of fishing
permit or license, PROVIDED THAT THE DEPARTMENT 1S EMPOWERED TO
IMPOSE THE ABOVE MENTIONED FINES AND TO SUSPEND OR REVOKE THE
LICENSE FOR COMMERCIAL FISHING, IN CASE OF A SECOND OFFENSE, THE
FINE SHALL BE EQUIVALENT TO TWO TIMES THE AMOUNT OF THE
PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE
FIVE TIMES THE AMOUNT OF THE FINES ABOVE STATED.

SECTION 12. Section 96, Republic Act No. 8550 is hereby amended to read
as follows:

"Section 96,_Fishing in Fishery Reserves, Refuge and Sanctuaries. It shall be
unlawful to fish in fishery areas declared by the Department as fishery reserves,
refuge and sanctuaries.

Violation of the provision of this section shall be punished by imprisonment of
FOUR (4) YEARS TO SIX (6) YEARS AND A FINE EQUIVALENT TO THREE
TIMES THE VALUE OF THE CATCH OR TEN THOUSAND PESOS (P10,000.00)
FOR THOSE ENGAGED IN MUNICIPAL FISHING, FIFTY THOUSAND PESOS
(P50,000.00) FOR THOSE ENGAGED IN SMALL-SCALE COMMERCIAL FISHING,



ONE HUNDRED THOUSANDPESOS (P100,000.00) FOR THOSE ENGAGED IN
MEDIUM-SCALE COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND
PESOS (P200,000.00) FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL
FISHING, RESPECTIVELY, WHICHEVER 1S HIGHER, the forfeiture of the catch,
and the cancellation of fishing permit or license, PROVIDED. THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES
AND TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL FISHING. IN
CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT TO TWO
TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD
OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVE STATED,

SECTION 13. Section 98, Republic Act No. 8550 is hereby amended to read
as follows

"Section 98. Capture of Sabalo Other eders/S| mers. - It shall be
unlawful for any person to catch, gather, capture or possess mature milkfish or
“sabalo" and such other breeders or spawners of other fishery species as may be
determined by the Department: Provided, that catching of sabalo and other
breeders/spawners for local breeding purposes or scientific or research purposes
may be allowed subject to guidelines to be promulgated by the Department

Violation of the provision of this section shall be punished by
IMPRISONMENT OF FOUR (4) YEARS TO EIGHT (8) YEARS AND A FINE
EQUIVALENT TO THREE TIMES THE VALUE OF THE "SABALO", OTHER
BREEDERS, OR SPAWNERS GATHERED OR CAPTURED OR TWO HUNDRED
THOUSAND PESOS (P200,000,00), WHICHEVER IS HIGHER, and the forfeiture of
the es and fishing equipment used and revocation of license; PROVIDED, THAT.

EMPOWERED TO IMPOSE THE ABOVE MENTIONED.

THE DEPARTMENT IS.
Hee ee rv TO SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL
FISHING,

IN CASE OF A SECOND OFFENSE, THE FINE SHALL_BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CAs F_AT LEAST
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
EINES ABOVE STATED.

SECTION 14. Section 99, Republic Act No, 8550 is hereby amended to read
as follows:

"Section 99. Exportation of Breeders, Spawners, Eggs or Fry - Exportation of
breeders, spawners, eggs or fry as prohibited In this Code shall be punished by
IMPRISONMENT OF EIGHT (8) YEARS TO TEN (10) YEARS, CONFISCATION OF
THE SAME AND A FINE EQUIVALENT TO THREE TIMES THE VALUE OF THE
BREEDERS, SPAWNERS, EGGS, OR FRY EXPORTED OR FIVE HUNDRED
THOUSAND PESOS (P500,000.00) WHICHEVER IS HIGHER, and the revocation
of the fishing LICENSE AND/OR SUSPENSION OR REVOCATION OF
REGISTRATION AS EXPORTER: PROVIDED THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES AND TO SUSPEND



OR REVOKE THE LICENSE FOR COMMERCIAL FISHING AND THE
REGISTRATION AS EXPORTER.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT
OF UP TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT
LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF
THE FINES ABOVE STATED.

IRE ON THE PART OF THE SHIPPING COMPANY FROM WHOSE
POSSESSION THE BREEDERS, SPAWNERS, EGGS, OR FRY ARE
DISCOVERED OR SEIZED TO FULLY COOPERATE IN THE INVESTIGATION
CONDUCTED BY CONCERNED GOVERNMENT AUTHORITIES ON THE
MATTER SHALL CREATE A LEGAL PRESUMPTION THAT THERE |S
CONNIVANCE OR CONSPIRACY BETWEEN THE SHIPPING COMPANY AND
THE SHIPPER TO PERPETRATE THE AFORE MENTIONED OFFENSE.”

SECTION 15. Section 100, Republic Act No. 8550 is hereby amended to read
as follows:

"Section 100. Importation or Exportation of Fish or Fishery Species. - Any
importation or exportation of fish or fisheries species in violation of this Code shall be
punished by EIGHT (8) TO TEN (10) YEARS OF IMPRISONMENT, A_FINE

EQUIVALENT TO THREE TIMES THE VALUE OF THE FISH OR FISHERY
SPECIES IMPORTED OR EXPORTED OR FIVE HUNDRED THOUSAND PESOS

(500,000.00) WHICHEVER IS_HIGHER, AND THE DESTRUCTION OF LIVE
FISHERY SPECIES OR FORFEITURE OF NON-LIVE FISHERY SPECIES IN
FAVOR OF THE DEPARTMENT FOR ITS PROPER DISPOSITION: Provided, that
violator of this provision shall be banned from being members or stock holders of
companies currently engaged in fisheries or companies to be created in the future,
the guidelines for which shall be promulgated by the Department; PROVIDED,
FINALLY THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE
MENTIONED FINES AND TO SUSPEND OR REVOKE THE REGISTRATION AS
IMPORTER OR EXPORTER.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT

TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A

THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE

STATED. FAILURE ON THE PART OF THE SHIPPING COMPANY,

FROM WHOSE POSSESSION THE FISH OR FISHERY SPECIES IMPORTED OR

PORTED ARE DISCOVERED OR SEIZED TO FULLY COOPERATE IN THE

INVESTIGATION CONDUCTED BY CONCERNED GOVERNMENT AUTHORITIES

ON THE MATTER SHALL CREATE A LEGAL PRESUMPTION THAT THERE IS

CONNIVANCE OR CONSPIRACY BETWEEN THE SHIPPING COMPANY AND
THE SHIPPER TO PERPETRATE THE AFORE MENTIONED OFFENSE.”

SECTION 16. Section 101, Republic Act No, 8550 is hereby amended to read
as follows:

"Section 101. Violation of Catch Ceilings. - It shall be unlawful for any person
to fish in violation of catch ceilings as determined by the Department.


Violation of the provision of this section shall be punished by A FINE
EQUIVALENT TO THREE TIMES THE VALUE OF THE CATCH TAKEN IN
VIOLATION OF THIS PROVISION OR TEN THOUSAND PESOS (P10,000.00) FOR
THOSE _ENGAGED_IN MUNICIPAL FISHING, FIFTY THOUSAND _PESOS
(P50,000,00) FOR THOSE ENGAGED IN SMALL-SCALE COMMERCIAL FISHING,
ONE HUNDRED THOUSAND PESOS (P100,000.00) FOR THOSE ENGAGED IN
MEDIUM-SCALE COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND
PESOS (P200.000.00) FOR THOSE ENGAGED IN LARGE-SCALE COMMERCIAL
FISHING, RESPECTIVELY, WHICHEVER IS_HIGHER, AND IMPRISONMENT
FROM FOUR (4) TO SIX (6) YEARS, and forfeiture of the catch, and fishing
equipment used and revocation of license; PROVIDED THAT THE DEPARTMENT
IS EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES AND TO
SUSPEND OR REVOKE THE LICENSE FOR COMMERCIAL FISHING.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAs TA
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
FINES ABOVE STATED.

SECTION 17. Section 102, Republic Act No. 8550 is hereby amended to read
as follows:

"Section102, Aquatic Pollution. - Aquatic pollution, as defined in this Code
shall be unlawful,

Violation of the provision of this section shall be punished by imprisonment of
TWELVE (12) YEARS TO TWENTY (20) YEARS AND A FINE OF FIVE HUNDRED
THOUSAND PESOS (P500,000.00) TO TWO MILLION PESOS (P2,000,000.00)
plus an additional fine of TWENTY THOUSAND PESOS (P20,000.00) per day until
such violation ceases and the fines paid; PROVIDED, THAT THE DEPARTMENT |S
EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES AND TO ISSUE A
CEASE AND DESIST ORDER TO THE VIOLATOR

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT

OF UP TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT

LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF
HE FINES ABOVE STATED.

SECTION 48. Section 103, Republic Act No. 8550 is hereby amended to read
as follows:

"Section103. Other Violations. The following fisheries activities shall also be
considered as a violation of this Code:

a) Failure to Comply with Minimum Safety 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
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 Conduct a Yearly Report on all Fishponds, Fish Pens and
Fish Cages. The FLA OR OTHER TENURIAL INSTRUMENT of the
holder who fails to render a yearly report shall be immediately
canceled: 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 offense, a fine of TWO THOUSAND PESOS (P2,000.00) per

unreported hectare; (2) subsequent offenses, a fine of FIVE

THOUSAND PESOS (P5,000.00) per unreported hectare.

c) Gathering and Marketing of Shell Fishes. It shall be unlawful for any
person to take, sell, transfer, or have in possession for any purpose
any shell fish which is sexually mature or below the minimum size or
above the maximum quantities prescribed for the particular species.

d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream,
River, Lake or Bay. It shall be unlawful for any person who causes
‘obstruction to navigation or flow of ebb of tide.

e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish
Cages. - It shall be unlawful to construct and operate fish corrals/traps,
fish pens and fish cages without a license/permit

Subject to the provision of the subparagraph (b) of this section, violation of the
above-enumerated prohibited acts shall subject the offender to a FINE RANGING
FROM TEN THOUSAND PESOS (P10,000.00) TO THIRTY THOUSAND PESOS
(P30,000,00) AND IMPRISONMENT FROM SIX (6) MONTHS TO ONE (1) YEAR
Provided, that the Secretary is hereby empowered to impose upon the offender an
administrative fine of not more than FIFTY THOUSAND PESOS (P50,000.00) or to
cancel his permit or license, or to impose such fine and to cancel his permit or
license, in the discretion of the Secretary; Provided, further, that the Secretary, or his
duly authorized representative, and law enforcement agents are hereby empowered
to impound with the assistance of the Philippine Coast Guard, PNP-Maritime
Command: Provided, finally, that any person who unlawfully obstructs or delays the
inspection and/or movement of fish and fishery/aquatic products when such
inspection and or movement is authorized under this Code, shall be subject to a fine
of not more than THIRTY THOUSAND PESOS (P30,000.00) or imprisonment of not
more than two (2) years, or both such fine and imprisonment, upon the discretion of
the Court.

Every penalty imposed for the commission of an offense shall carry with it the
forfeiture of the proceeds of such offense and the instruments or tools with which it
was committed,

Such proceeds and instruments or tools shall be confiscated and forfeited in
favor of 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
destroyed

PROVIDED, THAT THE DEPARTMENT IS ALSO EMPOWEREDTO IMPOSE
THE ABOVE MENTIONED FINES AND TO SUSPEND OR REVOKE THE PERMIT.
OR LICENSE.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
FINES ABOVESTATED.

SECTION 19. Section 104, Republic Act No. 8550 is hereby amended to read
as follows:

"Section 104. Commercial Fishing Vessel Operators Employing Unlicensed
Fisherfolk or Fishworker or Crew, - The owner/operator of a commercial fishing
vessel employing unlicensed fisherfolk or fishworker shall be fined with TWO
THOUSAND PESOS (P2,000,00) EACH FOR EVERY MONTH THAT THE SAME
HAS BEEN EMPLOYED AND/OR THREE THOUSAND PESOS (P3,000.00) FOR
EVERY MONTH FOR EACH UNLICENSED CREW MEMBER WHO HAS BEEN
EMPLOYED, PROVIDED THAT THE DEPARTMENT |S EMPOWERED TO
IMPOSE THE ABOVE MENTIONED FINES AND. END OR REVOKE THE
LICENSE FOR COMMERCIAL FISHING

IN CASE OF A SECOND OFFENSE, THE FINE SHALL _BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
EINES ABOVE STATED.

SECTION 20. A new provision, dubbed as Section 104-A, is hereby added to
the existing provisions of this Code. The same shall read as follows:

“SECTION 104-A. COMMERCIAL FISHING VESSEL OPERATORS
EMPLOYING UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO FISH OR
ENGAGE IN OTHER FISHERIES ACTIVITIES IN THE INTERNATIONAL WATERS,
OR_IN THE TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONES OF
OTHER STATES. - THE OWNER/OPERATOR OF A COMMERCIAL FISHING
VESSEL EMPLOYING UNLICENSED FISHERFOLK/FISHWORKER OR CREW TO
FISH IN THE INTERNATIONAL WATERS OR IN THE TERRITORIAL SEAS AND
EXCLUSIVE ECONOMIC ZONES OF OTHER STATES SHALL BE_FINED WITH
TEN THOUSAND PESOS _(P10,000,00)_FOR EVERY MONTH FOR _EACH
UNLICENSED FISHERFOLK/FISHWORKER OR CREW THAT THE SAME HAS
BEEN EMPLOYED; PROVIDED, THAT THE DEPARTMENT IS EMPOWERED TO
IMPOSE THE ABOVE MENTIONED FINES AND TO SUSPEND OR REVOKE THE
INTERNATIONAL FISHING PERMIT. IN CASE OF A SECOND OFFENSE, THE
FINE SHALL BE EQUIVALENT TO TWO TIMES THE AMOUNT OF THE
PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE
FIVE TIMES THE AMOUNT OF THE FINES ABOVE STATED.



SECTION 21. Section 105, Republic Act No, 8550 is hereby amended to read
as follows’

“Section 105. Obstruction of Defined Migration Paths. - Obstruction of any
defined migration paths of anadromous, catadromous and other migratory species,
in areas including, but not limited to river mouths and estuaries within a distance
determined by the concerned FARMCs shall be punished by IMPRISONMENT OF
EIGHT (8) YEARS TO TWELVE (12) YEARS AND A FINE FROM ONE HUNDRED
FIFTY THOUSAND PESOS (P150,000.00) TO FIVE HUNDRED THOUSAND
PESOS (P500,000.00), and cancellation of permit/license, if any, and dismantling of
‘obstruction shall be at his own expense and confiscation of same; PROVIDED.
THAT _THE DEPARTMENT IS EMPOWERED TO IMPOSE THE ABOVE
MENTIONED FINES INCLUDING THE DISMANTLING OF THE OBSTRUCTION
AND THE SUSPENSION OR REVOCATION OF PERMIT OR LICENSE.

IN CASE OF A SECOND OFFENSE, THE FINE SHALL BE EQUIVALENT
TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A
THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF THE
EINES ABOVE STATED.

SECTION 22. Section 106, Republic Act No, 8550 is hereby amended to read
as follows:

"Section 106. Obstruction to Fishery Law Enforcement Officer. - The boat
owner, master or operator or any person acting on his behalf of any fishing vessel
who evades, obstructs or hinder any fishery law enforcement officer of the
Department to perform his duty, shall be PENALIZED WITH IMPRISONMENT OF
SIX (6) MONTHS TO TWO (2) YEARS AND A FINE OF FIFTY THOUSAND PESOS
(P50,000.00) TO TWO HUNDRED THOUSAND PESOS  (P200,000.00),;
PROVIDED, THAT THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
ABOVE MENTIONED FINES. IN CASE OF A SECOND OFFENSE, THE FINE
SHALL BE EQUIVALENT TO TWO TIMES THE AMOUNT OF THE PENALTIES. IN
CASE OF AT LEAST A THIRD OFFENSE, THE FINE SHALL BE FIVE TIMES THE
AMOUNT OF THE FINES ABOVE STATED

In addition, the registration, permit and/or license of the vessel including the
license of the master fisherman shall be canceled."

SECTION 23. OTHER VIOLATIONS. - VIOLATION OF ANY OTHER
PROVISION OF THIS CODE, OR OF ANY RULE OR REGULATION ALREADY
EXISTING OR WHICH MAYBE PROMULGATED PURSUANT TO THIS CODE
SHALL SUBJECT THE OFFENDER TO A FINE OF THIRTY THOUSAND PESOS
(P30,000.00) TO THREE HUNDRED THOUSAND PESOS (P300,000.00)_OR
IMPRISONMENT FROM SIX MONTHS TO FOUR YEARS OR BOTH SUCH FINE
OR IMPRISONMENT IN THE DISCRETION OF THE COURT; PROVIDED, THE
DEPARTMENT _IS EMPOWERED TO IMPOSE THE ABOVE MENTIONED FINES
AND TO SUSPEND OR REVOKE THE LICENSE, PERMIT OR REGISTRATION.



SECTION 24. A new chapter on legal, administrative and quasi-judicial
actions, dubbed as Chapter VI-A, covering provisions from Sections 106-A to 106-F,
is hereby added to the existing provisions of this Code. The same shall read as
follows:

CHAPTER VI-A.
ADMINISTRATIVE ACTIONS
SECTION 106-A. ADMINISTRATIVE ACTION. - THE DEPARTMENT,
SHALL_ON ITS OWN INSTANCE OR UPON VERIFIED COMPLAINT BY

ANY PERSON, INSTITUTE ADMINISTRATIVE PROCEEDINGS AGAINST
ANY PERSON WHO COMMITS THE ABOVE MENTIONED VIOLATION:

SECTION 106-B, ADMINISTRATIVE AUTHORITY OF THE
DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE TO ORDER
CONFISCATION. - IN_ALL_CASES OF VIOLATION OF THIS ACT OR
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 ILLEGALLY CAUGHT, TAKEN OR GATHERED,
AND ALL_GEARS AND VESSELS USED IN THE COMMISSION OF THE
OFFENSE IN FAVOR OF THE DEPARTMENT AND TO DISPOSE OF THE
SAME _IN ACCORDANCE WITH PERTINENT LAWS. _ RULES.
REGULATIONS AND POLICIES ON THE MATTER

SECTION 106-C. REWARD TO INFORMANTS AND THOSE WHO.
ASSISTED IN THE FISHERY LAW ENFORCEMENT. - ANY PERSON WHO
PROVIDED INFORMATION FOR, OR ASSISTED, IN THE APPREHENSION.
AND CONVICTION OF A PERSON FOR THE VIOLATION OF THIS ACT OR
OTHER FISHERY LAWS, RULES AND REGULATIONS OR THE
CONFISCATION AND FORFEITURE OF FISH, FISHERY SPECIES, OTHER
AQUATIC RESOURCES, VESSEL, GEARS AND CONVEYANCES, SHALL
BE GIVEN A REWARD IN THE AMOUNT OF TWENTY PERCENT (20%) OF
THE PROCEEDS OF THE CONFISCATION AND FORFEITURE OR OF THE
ADMINISTRATIVE FINES COLLECTED BY THE BUREAU. FOR THIS
PURPOSE, THE DEPARTMENT SHALL PROMULGATE THE RULES AND
REGULATIONS FOR THE GRANTING OF THIS REWARD.

SECTION 106-D. INDEPENDENCE OF ADMINISTRATIVE ACTION, -
THE FILING OF AN ADMINISTRATIVE ACTION AGAINST A PERSON OR

ENTITY THAT COMMITED THE ABOVE MENTIONED VIOLATIONS DOES
NOT PRECLUDE THE FILING OF CRIMINAL AND CIVIL. ACTION AGAINST

THE SAME, SUCH ACTION SHALL PROCEED INDEPENDENTLY.

SECTION 106-E. LIEN UPON PERSONAL AND IMMOVABLE
PROPERTIES OF VIOLATORS. - FINES AND PENALTIES IMPOSED
PURSUANT TO THIS ACT SHALL CONSTITUTE AS LIENS UPON THE
PERSONAL AND IMMOVABLE PROPERTIES OF THE VIOLATOR.



SECTION 106-F, POWER TO ISSUE CEASE AND DESIST ORDERS
AND TO SUMMARILY EJECT WITHOUT THE NECESSITY OF JUDICIAL
ORDER. - THE DEPARTMENT SHALL, SUBJECT TO THE
REQUIREMENTS OF ADMINISTRATIVE DUE PROCESS, HAVE THE
POWER TO ISSUE CEASE AND DESIST ORDER/S UPON VIOLATOR/S
AND TO SUMMARILY EJECT, WITHOUT THE NECESSITY OF JUDICIAL
ORDER, THE HOLDER OF FLA, OTHER TENURIAL INSTRUMENT,
PERMIT OR LICENSE FROM AREAS OF THE PUBLIC DOMAIN COVERED
BY SUCH FLA, TENURIAL INSTRUMENT, PERMIT OR LICENSE.”

SECTION 25. ESCALATION CLAUSE. - THE FINE HEREIN PRESCRIBED
SHALL BE INCREASED BY AT LEAST TEN PERCENT (10%) EVERY THREE (3)
YEARS TO COMPENSATE FOR INFLATION AND TO MAINTAIN THE
DETERRENT FUNCTION OF SUCH FINES.

SECTION 26. REPEALING CLAUSE. - All laws, decrees, executive orders
and rules and regulations or part thereof, which are inconsistent with this Code, are
repealed or modified accordingly.

SECTION 27. SEPARABILITY CLAUSE. - If any portion of this Code is
declared unconstitutional or invalid, the portions or provisions thereof, which are not
affected thereby, shall continue in full force and effect.

SECTION 28. EFFECTIVITY. - This Act shall take effect fifteen (15) days
following its complete publication in at least two (2) newspapers of general
circulation.

Approved,