CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No. a

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

EXPLANATORY NOTE

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

As a developing nation which is very dependent on its natural resources,
there is an urgent need for the government to take stringent measures for the

sustainable management and protection of these resources, particularly its aquatic
resources.

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

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

Immediate approval of this bill is fervently sought

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GLORIA MACAPAGAY ARROYO DIOSDAD IACAPAGAL ARROYO

fecond District, Pampanga Second Distriet, Camarines Sur


CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No.

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

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

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

SECTION 1. Section 91 of Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998, is hereby amended to read as follows:

“SEC. 91. Ban on Coral Exploitation and Exportation. — It shall
be unlawful for any person or corporation to gather, possess, sell or
export ordinary precious and semi-precious corals, whether raw or in
processed form, except for scientific or research purposes.

Violations of this provision shall be punished by imprisonment
from six (6) months to two (2) years and a fine from [Two thousand
pesos (P2,000) to Twenty thousand pesos (P20,000)] ONE HUNDRED
THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED THOUSAND
PESOS (P500,000.00), or both such fine and imprisonment, at the
discretion of the court, and forfeiture of the subject corals, including the
vessel and its proper disposition.

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

SEC. 2. Section 97 of Republic Act No. 8550 is hereby amended to read as
follows:

“SEC. 97. Fishing or Taking of Rare, Threatened or Endangered
Species. — It shall be unlawful to fish or take, CATCH, GATHER,
SELL, PURCHASE, POSSESS, TRANSPORT AND EXPORT rare,
threatened or endangered species, as listed [in the CITES] AND
DEFINED AS SUCH IN THE CONVENTION ON INTERNATIONAL
TRADE OF ENDANGERED SPECIES OF FLORA AND FAUNA,


HEREINAFTER REFERRED TO AS CITES, THE INTERNATIONAL
UNION FOR CONSERVATION OF NATURE AND NATURAL
RESOURCES (IUCN), AND REPUBLIC ACT NO. 9147, OTHERWISE
KNOWN AS THE WILDLIFE ACT and as_ [determined]
IMPLEMENTED by the Department PURSUANT TO ITS PUBLISHED
RULES AND REGULATIONS.

THE TAKING, CATCHING, GATHERING AND POSSESSION OF
WILD SPECIES FOR SCIENTIFIC RESEARCH OR ARTIFICIAL
PROPAGATION PURPOSES MAY BE ALLOWED SUBJECT TO
THE RULES AND REGULATIONS PROMULGATED BY THE
DEPARTMENT: PROVIDED, THAT GATHERING, SELLING OR
EXPORTING CULTURED OR ARTIFICIALLY PROPAGATED
SPECIES THAT HAVE BEEN TRANSPLANTED TO THEIR
NATURAL HABITAT AND LISTED IN THE CITES, IUCN AND RA
NO. 9147 SHALL NOT BE ALLOWED.

THE TAKING, CATCHING, GATHERING, POSSESSION OR
TRADE OF ARTIFICIALLY PROPAGATED AND CULTURED
SPECIES LISTED IN THE CITES, IUCN AND RA NO. 9147 MAY BE
ALLOWED SUBJECT TO THE RULES AND REGULATIONS
PROMULGATED BY THE DEPARTMENT.

CONSISTENT WITH THE CITES RULES AND
REGULATIONS, A NON-DETRIMENTAL FINDING (NDF) SHALL BE
CONDUCTED BEFORE ANY TRADE WILL BE ALLOWED TO
THOSE SPECIES LISTED UNDER APPENDIX Il AND Ill OF THE
CITES.

Violation of the provision of this section shall be punished by
imprisonment of twelve (12) years to twenty (20) years and/or a fine of
[One hundred and twenty thousand pesos (P120,000)] ONE
HUNDRED THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED
THOUSAND PESOS (P500,000.00), [and] forfeiture of the catch, and
the cancellation of fishing permit.

SHOULD THE CULPABLE VIOLATION BE COMMITTED
THROUGH OR BY A FISHING VESSEL MANNED BY MORE THAN
TWO (2) PERSONS, THE HEAD OR CAPTAIN OF THE BOAT AND
THE SUPPORT PERSONNEL THEREOF INVOLVED IN THE
FISHING AND CATCHING OF SUCH PROTECTED MARINE LIFE
SHALL BE PRESUMED TO HAVE COMMITTED THE PROHIBITED
ACT AND THE PENALTY PROVIDED FOR IN THE IMMEDIATELY
PRECEDING PARAGRAPH SHALL BE IMPOSED ON THEM.”

SEC. 3. The Department of Agriculture-Bureau of Fisheries and Aquatic
Resources shall promulgate the rules and regulations to implement this amendment
within sixty (60) days from the approval of this Act


The Bureau of Fisheries and Aquatic Resources shall, in coordination with the
National Fisheries and Aquatic Resources Management Councils (NFARMC), local
government units, private institutions and other government agencies concerned,
initiate the development of a fisheries resource management plan for each CITES
listed species, indicating therein conservation and rehabilitation measures.

SEC. 4. This Act shall take effect fifteen (15) days after its publication jn a
newspaper of general circulation.

Approved,