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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 
2328 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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JUL 28 P 1 :39 
RECEIVED 11\';._ ff~' 
REGULATING THE AQUARIUM AQUATIC LIFE COLLECTING INDUSTRY 
EXPLANATORY NOTE 
The Constitution, Article II, Section 16 provides: 
Section 16. The State shall protect and advance the right of the people to a 
balanced and healthful ecology in accord with the rhythm and hannony of nature. 
The aquarium aquatic life collecting industry must be regulated to ensure the health of the 
country's coral reefs and aquatic life. The industry of harvesting fish and other marine creatures 
for home and commercial aquariums remains largely unregulated, raising environmental 
concerns. 
The purpose of this Act is to regulate the aquarium aquatic life collecting industry by 
implementing prohibitions and a system of fines for violators.' 
~ 
~.1A;.~J~ 
MIRIAM Dffi..~SOR SANTIko 
fll/' 
• This bill was originally filed during Fourteenth Congress, Third Regular Session. 
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, ' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENAJa 
S. No. 
~\S28 
Introduced by Senator Miriam Defensor Santiago 
~I:'!1I!tt' 
{I~tfl;r Ilf Hp' j'Hrrlaru 
'14 
JUL 28 P 1 :39 
RECEIVED By;-... f' 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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AN ACT 
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REGULATING THE AQUARIUM AQUATIC LIFE COLLECTING INDUSTRY 
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SECTION 1. Short Title. - This Act shall be known as the "Aquarium Aquatic Life Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to give 
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the highest priority to the protection of the environment, particularly marine life. Towards this 
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end, this Act shall regulate the aquarium aquatic life collecting industry to ensure the health of 
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the country's coral reefs and aquatic life. 
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SECTION 3. Definitions. - In this Act, the term-
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(a) 
"Aquarium collecting gear" means any equipment used to collect aquarium fish or 
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animals including, but not limited to, hand nets, fence or barrier nets, fiberglass or "tickle sticks", 
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catch buckets, keeps, or baskets; 
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(b) 
"Aquarium purpose" means to hold saltwater fish, freshwater non-game fish, or 
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other aquatic life alive in a state of captivity as pets, for scientific study, or for public exhibition 
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or display, or for sale for these purposes. Saltwater fish, freshwater non-game fish, or other 
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aquatic life held alive in a state of captivity as food for human consumption shall not be 
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considered an aquarium purpose; 
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(c) 
"Collect" means to take, catch, harvest, or confine, or to attempt to take, catch, 
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harvest, or confine aquatic life. The use of any aquarium collecting gear to take, catch, capture, 
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harvest, or confine, or to attempt to take, catch, capture, harvest, or confine aquatic life by any 
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person who is on or about the shores of the Philippines or in a vessel in Philippine waters shall 
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be construed as collecting under this section; and 
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(d) 
"Department" means the Department of Environment and Natural Resources. 
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SECTION 4. Aquarium Aquatic Life Selling Permit. - No natural person, corporation, 
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partnership, association, or any other entity shall sell, trade, or distribute aquarium aquatic life 
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for aquarium purposes without a permit from the Depattment of Environment and Natural 
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Resources. 
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SECTION 5. 
Approved Aquarium Collecting List of Aquatic Species. -
(a) The 
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Department shall develop and maintain an approved aquarium collecting list of aquatic species. 
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No aquatic species shall be collected or sold for aquarium purposes unless the species appears on 
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the approved aquat'ium collecting list. 
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(b) 
The approved aquarium collecting list shall only include species that are shown 
by a Department or other government agency study to meet the following criteria: 
(I) 
The species can survive capture, transport, and captivity for at least one hundred 
eighty (180) days; 
(2) 
(3) 
(4) 
(5) 
(6) 
Based on historical evidence, the speCieS is pm of a stable or increasing 
population trend in the area where the species is being collected; 
The removal of the specie does not negatively impact the reef ecosystem by 
contributing to algae overgrowth for herbivores, parasite overload on other reef 
fishes for cleaner wrasses and cleaner shrimps, or other hatmful effects; 
The species is not endemic to the Philippines; 
The species is not endangered or vulnerable, as classified by the Department in 
accordance with laws, international conventions, or rules and regulations; and 
Such other criteria as may be prescribed by the Department. 
(c) 
The Department may recognize indigenous Philippine traditional and customary 
rights with regard to marine resources for subsistence, cultural, or religious purposes. 
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(d) 
The Department shall inform all permit holders under section 4 of the species 
included in the aquarium collecting list and the penalties for failure to comply with the 
restrictions regarding the collection of aquatic life. 
SECTION 6. Penalties. - (a) Any natural person, corporation, partnership, association, 
or any other entity that collects aquatic life not on the approved aquarium collecting list shall be 
fined not less than Five Thousand Pesos (PS,OOO.OO) for each specimen collected. 
If the 
specimen is an endangered or vulnerable species as classified by the Department, the fine shall 
not be less than Fifty Thousand Pesos (PSO,OOO.OO) for each endangered species collected. 
(b) 
Any natural person, corporation, partnership, association, or any other entity that 
sells aquatic life not on the approved aquarium collecting list shall be fined not less than Twenty 
Thousand Pesos (P20,000.00) for each specimen sold. If the specimen is an endangered or 
vulnerable species as classified by the Department, the fine shall not be less than One Hundred 
Thousand Pesos (PlOO,OOO.OO) for each endangered species sold. 
(c) 
Any natural person, corporation, partnership, association, or any other entity that 
sells aquatic life without the permit referred in section 4 shall be fined Ten Thousand Pesos 
(PIO,OOO.OO) for each day of violation. 
(d) 
The imposition of penalties under this Act shall not bar the prosecution of the 
offender under the Revised Penal Code or special laws. 
SECTION 7. Rules and Regulations. - The Secretary of Environment and Natural 
Resources shall promulgate the necessary rules and regulations to implement this Act. 
SECTION 8. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
/jab07-22-2014 
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