Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

a
HOUSE BILL NO. 3893

Introduced by: Rep. Pryde Henry A. Teves and Rep. Benhur L. Salimbangon

EXPLANATORY NOTE

‘The Philippines is an archipelagic state with over 2.2 million sq. km. of highly
productive seas and 27,000 sq. km. of coral reef’. It is thus undeniable that the Philippines
has a very prominent fisheries industry. In 2008, we ranked 8" in the top fish producing
countries of the world, producing 3.12% of the total world production of fish, crustaceans,
molluscs and aquatic plants. We were 9" in the world in terms of aquaculture production,
providing 1.4% of the total global aquaculture production of fish, crustaceans and molluscs.
We ranked 3" in the production of seaweeds, producing 10.6% of the total world seaweeds
production. We are the second largest producer of tuna in the world, Note, however, that we
are not at all ranked as a capture fisheries producer.

While fisheries production has been steadily increasing from 1.7 million metric tons
in the 80’s until it reached 5.09 million metric tons in 2009, it must be noted that most of the
fish produced came from aquaculture. Statistics have shown that aquaculture has contributed
48% to the fishery production of 2009, while municipal and commercial fishing contributed a
less remarkable 27% and 25%, respectively. This is so despite over 2.2 million sq. km of
seas, touted as “highly productive” and 27,000 sq. km of coral reef’.

It is ironic that our highly productive seas are now overfished. The irony is due to the
fact that our marine and coastal ecosystem is exposed to indiscriminate methods of catching
fish and fishery species in the wild such as fishing through explosives, noxious or poisonous
substances, electrofishing, fine mesh nets, coral exploitation, muro-ami and use of other
methods and gear destructive to coral reefs and other marine habitat, use of superlights,
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, among others.

While these violations are penalized under Republic Act 8550 or the Philippine
Fisheries Code of 1998 (RA 8550), fifteen years after the law’s passage proved that the
penalties therein are mere slaps on the wrists of violators. For example, the two large
container vans of 21,000 species of black corals, and some 161 endangered turtles and marine
life seized in May 2011 by Bureau of Customs officials would have fetched a whopping
PhP15 million for its dealers.


It was later learned that an entire coral reef off the coast of Cotabato, still unexplored,
and estimated to be about twice the size of Metro Manila, was ruined. Equated to annual
services to humans, the Economics of Ecosystems and Biodiversity (TEEB) project of the
United Nations Environment Program (UNEP) would have valued the ruined coral reefs at a
minimum of US$16.6 billion, However, RA 8550 would only punish the violators with a
measly fine of PhP 2,000 to PhP 20,000. 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.

RA 8550 is replete with penalties such as these that are not commensurate to the
damage caused, the economic value lost, and habitat destroyed. In exchange for large sums of
money, violators only find these penalties convenient, a pint in their business investment pie.
This defeats the deterrent function of the penalty.

Thus, there is a need to amend Chapter VI of RA 8550 to consider prohibitions not
covered by the law after fifteen years of implementation, as well as impose more severe
penalties to maintain its deterrent function. After all, punishment must be commensurate with
the crime committed.

In view of the foregoing, the approval of this bill is earnestly solicited.

(oe
=
“.BENHUR L. SALIMBANGON PRYDE /HENRY A. TEVES

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3893

HOUSE BILL NO.

Introduced by: Rep. Pryde Henry Teves and Rep. Benhur L. Salimbangon

AN ACT.

AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8550, OTHERWISE
KNOWN AS TH ‘PHILIPPINE FISHERIES CODE OF 1998”, PROVIDING AN
ADDITIONAL CHAPTER ON ADMINISTRATIVE ACTIONS, AND FOR OTHER
PURPOSES

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

SEC. 1. There shall be added to Section 4 of Republic Act No. 8550 items 74 and 75
to read as follows:

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

1. XXX

XXX

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


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states not 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 activitis

are

conducted in a manner incon

‘ent with the state responsibilities of the Philippines

for the conservation of living marine resources under international law.

Sec. 2. Section 86 of 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 licens

[

Tease or permit.

scovery 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 fis

hing 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 THRE] (3) TIMES.
the value of catch or [Ten thousand pesos (P10,000.00)] 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 [six (6) months] 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 DETERMINATION THAT


A THE PERSON/S HAS VIOLATED THE ABOVE PROVISION. IN
2 CASE OF A SECOND OFFENSE, THE FINE SHALL BE
3 EQUIVALENT TO TWO TIMES THE AMOUNT OF THE
4 PENALTIES. IN CASE OF AT LEAST A THIRD OFFENSE, THE
5 FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
6 ABOVESTATED.

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

10 THE ABOVE PROVISION.

rte It shall be unlawful for any person not listed in the registry of

2 municipal fisherfolk to engage in any commercial fishing activity in

3 municipal waters. Any municipal fisherfolk who commits such violation

14 shall be punished by confiscation of catch and a fine of [Five hundred pesos

15 (P500.00)| TEN THOUSAND PESOS (P10,000.00).”"

16

v7 See. 3. Three new provisions, dubbed as Sections 86-A, 86-B, and 86-C, are hereby

18 inserted after Section 86 of Republic Act No. 8550. The same shall read as follows:
19

20 s ION 86-A. FAILURE TO SECURE INTERNATIONAL
21 FISHING PERMIT PRIOR TO FISHING OR ENGAGING IN OTHER
22 FISHERIES ACTIVITIES IN THE HIGH SEAS OR IN THE
23 TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONES OF
24 OTHER STATES. - 1¥ SHALL BE UNLAWFUL FOR PHILIPPINE
25 REGISTERED FISHING VESSELS TO OPERATE IN THE HIGH
26 SEAS, OR IN THE TERRITORIAL SEAS AND EXCLUSIVE
7 ECONOMIC ZONES OF OTHER STATES WITHOUT FIRST
28 SECURING INTERNATIONAL FISHING PERMIT FROM THE
29 DEPARTMENT.

30 DISCOVERY OF SUCH FISHING VESSEL IN THE ABOVE-
31 MENTIONED AREAS WHERE THE SAME HAS NO PERMIT
32 AND/OR REGISTRATION PAPERS FOR FISHING OR ENGAGING
33 IN OTHER FISHERY ACTIVITIES THEREIN SHALL CONSTITUTE
34 AS A PRIMA FACIE PRESUMPTION THAT THE VESSEL IS

35 ENGAGED IN THE SAID VIOLATION.


ouwaw

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) FOR SMALL-SCALE COMMERCIAL
FISHING, ONE MILLION PESOS (P1,000,000) FOR MEDIUM-SCALE
COMMERCIAL FISHING, AND TWO MILLION PESOS (P2,000,000)
FOR LARGE-SCALE COMMERCIAL FISHING, RESPECTIVELY,
WHICHEVER I ER, AND IMPRISONMENT OF FOUR (4) TO
SIX (6) YEARS, ION OF CATCH AND FISHING GEAR‘
AND AUTOMATIC REVOCATION OF LICENSE, PROVIDED, THAT
THE DEPARTMENT IS EMPOWERED TO IMPC HE ABOVE
FINES UPON DETERMINATION THAT THE PERSON/S HAS
VIOLATED THE ABOVE PROVISION. 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.

TION 86-B. UNREPORTED FISHING - 1T SHALL BE
UNLAWFUL FOR ANY PERSON TO ENGAGE IN UNREPORTED
FISHING AS DEFINED IN ‘TION 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
(100,000.00) FOR MEDIUM-SCALE COMMERCIAL FISHING, AND
FIVE HUNDRED THOUSAND PESOS (P500,000.00) FOR LARGE-

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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 ABOVEMENTIONED FINES AND PENALTH
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
(200,000.00) FOR MEDIUM-SCALE COMMERCIAL
ING, AND ONE MILLION PESOS (P1,000,000.00) FOR LARG
SCALE COMMERCIAL FISHING, RESPECTIVELY, FOR THE
FIRST OFFENSE. SECOND OFFENSE SHALL BE PENALIZED BY
DOUBLE THE AMOUNT OF FINE AND SUSPENSION OF LICE
AND I NATIONAL FISHING PERMIT FOR ONE (1) YEAR.
THIRD OFFENSE SHALL BE PENALIZ BY FIV! HE
AMOUNT OF FINE AND REVOCATION OF LICENSE AND
INTERNATIONAL FISHING PERMIT, PROVIDED THAT
DEPARTMENT I EMPOWERED TO IMPOS
ABOVEMENTIONED FINES AND PENALTIES.

THE

SECTION 86-C UNREGULATED FISHING - IT SI
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, AND
FIVE HUNDRED THOUSAND PESOS (P500,000.00) FOR LARGE-
SCALE COMMERCIAL FISHING, RESPECTIVELY, FOR THE
FIRST OFFENSE. SECOND OFFENSE SHALL BE PENALIZED BY

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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 ABOVEMENTIONED 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 LARG
‘ALE COMMERCIAL FISHING, RE TIVELY, 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.
IRD OF SHALL BE PENALIZ BY FIVE TIME:
AMOUNT OF FINE AND REVOCATION OF LICENSE AND
INTERNATIONAL FISHING MIT, PROVIDED THAT THE
DEPARTMENT IS EMPOWERED TO IMPOSE
ABOVEMENTIONED FINES AND PENALTIES.

See. 4. Section 87 of Republic Act No. 8550 is hereby amended to read as follows:

“SEC. 87. Poaching in Philippine Waters. - It shall be unlawful for
any foreign person, corporation or entity to fish or operate any fishing vessel
in Philippine waters.

The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie evidence that the vessel is engaged in fishing in
Philippine waters,

Violation of the above shall be punished by a fine of [One hundred
thousand U.S. Dollars (US$100,000.00)| 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 [Fifty
thousand U.S. Dollars (US$50,000.00)] TWO HUNDRED THOUSAND

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U.S. DOLLARS (USS200,000.00) but not more than [Two hundred
thousand U.S. Dollars (US$200,000.00)] THREE HUNDRED THOUSAND
U.S. DOLLARS (US$300.000.00) or it
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
ABOVESTATED.

equivalent in the Philippine

“Section 88, Fishing Through Explosives, Noxious or Poisonous

ibstance, and/or

(1) 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 substances to catch,
fishe

substances to eradicate predators in fishponds in accordance with accepted

fake or gather fish or

y species: Provided further, That the use of poisonous or noxious

cientific 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 fisherfolk, operator, fishing boat official or
fishworker 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

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. Section 88 of Republic Act No. 8550 is hereby amended to read as follows:


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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, boat official or fishworker is fishing with the use
thereof.

(2) Mere poss

or electrofishing devices for illegal fishing shall be punishable by

ion of explosive, noxious or poisonous substances

imprisonment ranging from [six (6) months to two (2) years] TWO (2) TO
SIX (6) YEARS: PROVIDED, THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE A FINE RANGING FROM FIVE
THOUSAND PESOS (P5,000) UP TO FIVE HUNDRED THOUSAND
PESOS  (P500,000). WITHIN SIX MONTHS FROM THE
EFFECTIVITY OF THIS LAW, THE DEPARTMENT SHALL
PROMULGATE THE NECESSARY GRADUATION OF PENALTIES
DEPENDING ON THE NUMBER OF EXPLOSIVE I
AMOUNT OR VOLUME OF NOXIOUS AND POISONOUS
SUBSTANCES AND NUMBER OF ELECTROFISHING DEVIC
AND THE FREQUENCY OF VIOLATIONS.

(3) Actual use of explosives, noxious or poisonous substances or
able by
imprisonment ranging from [five (5) years to ten (10) years] TWENTY (20)
TO TWENTY-FIVE (25) YEARS without prejudice to the filing of
separate criminal e:
loss of human life. IN CASES WHEN DEATH OR PHYSICAL
INJURIES RESULT FROM THE USE OF EXPLOSIVES, NOXIOUS
OR POISONOUS SUBSTANCES OR ELECTROFISHING 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) UP TO ONE MILLION PESOS
(P1,000,000). 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.

(4) POSSESSING, dealing in, selling, or in any manner disposing

electrofishing devices for illegal fishing shall be _punis

when the use of the same result to physical injury or

of, for profit, illegally caught/gathered fisheries species shall be punished by

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imprisonment ranging from [six (6) months to two (2) years] FOUR (4)
YEARS 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 ANDTHE
FREQUENCY OF VIOLATIONS.

(5) 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.”

Sec. 6. Section 89 of 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 [from Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00)]
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) FORTHOSE 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, [or

imprisonment from six (6) months to two (2) years or both such fine and

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imprisonments at the discretion of the court] 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 T AMOUNT OF THE
PENALTIES, IN CASE OF AT LEAST A THIRD OFFE) THE
HALL BE FIVE TIMES THE AMOUNT OF THE FINE

See. 7. Section 90 of 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..- \t 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 boat ce

participated in the violation shall suffer the penalty of mprisonment from

tain and master fisherman of the vessels who

two (2) years to six (6) years;

(2) The owner/operator of the vessel shall be fined from Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) upon
the discretion of the court.]

(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

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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 1S HIGHER, AND
IMPRISONMENT FROM SIX (6) YEARS TO TWELVE (12) YEARS:
PROVIDED, THAT THE DEPARTMENT IS ALSO EMPOWERED
TO IMPOSE THE ABOVEMENTIONED 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 OF AT LEAST A THIRD OFFENSE, THE
FINE SHALL BE FIVE TIMES THE AMOUNT OF THE FINES
ABOVESTATED.

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.

[(3)] (2) The catch shall be confiscated and forfeited.”

Sec. 8. Section 91 of 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
[six (6) months to two (2) years)] FOUR (4) YEARS TO SIX (6) YEARS
and a fine [from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00)] EQUIVALENT TO 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

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corals, including the vessel and its proper disposition: PROVIDED, THAT
THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
ABOVEMENTIONED 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 ABOVESTATED.

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, 9. Section 92 of 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 phy or

mechanical acts to pound the coral reefs and other habitat to entrap, gather

or catch fish and other fishery speci
The OWNER/operator OF THE FISHING VE:

s are also prohibited.

iL/S, boat
captain, master fisherman, and recruiter or organizer of fishworkers who
violate this provision shall suffer a penalty of [two (2) years to ten (10)
years] EIGHT (8) YEARS TO TWELVE (12) YEARS
IMPRISONMENT and a fine [of not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos _(P500,000.00)}
EQUIVALENT TO THREE (3) TIMES [HE 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 IS EMPOWERED TO IMPOSE THE
ABOVEMENTIONED 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

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earvanewne

OFFENSE, THE FINE SHALL BE FIVE TIMES THE AMOUNT OF
THE FINES ABOVESTATED.

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 [and] OR any other substances which

make up any marine habitat

The person or corporation who violates this provision shall suffer a
penalty of [two (2) years to ten (10) years imprisonment] EIGHT (8)
YEARS TO TWELVE (12) YEARS IMPRISONMENT and a fine [of
not less than One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00)] EQUIVALENT TO THREE TIMES THE
VALUE OF THE CORAL SAND, CORAL FRAGMENTS, CORAL
ROCKS, SILICA, OR PEBBLES GATHERED, SOLD, OR
EXPORTED OR TWO MILLION PESOS  (P2,000,000.00),
WHICHEVER IS HIG!

IR, [or both such fine and imprisonment, at the

iscretion of the court]. The substance taken from its marine habitat shall be
confiscated.

THE DEPARTMENT IS EMPOWERED TO IMPOS!
ABOVEMENTIONED FINE. IN CASE OF A
THE FINE SHALL BE EQUIVALENT TO TWO TIMES THE
AMOUNT OF THE PENALTIES. IN CASE OF AT LEAST A THIRD.
OF THE FINE SHALL BE FIVE TIMES THE AMOUNT OF

THE FINES ABOVESTATED.

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

“Section 93. legal 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
[six (6) months to two (2) years or a fine of Five thousand pesos
(P5,000.00)] FOUR (4) YEARS TO SIX (6) YEARS AND A FINE OF
TWENTY THOUSAND PESOS (P20,000.00) per superlight, for both


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such fine and imprisonment at the discretion of the courts], The superlight,

fishing gears and vessel shall be confiscated.
THE DEPARTMENT IS EMPOWERED TO IMPOSE THE

ABOVEMENTIONED FINE. IN CASE OF A §
FINE SHALL BE EQUIVALENT TO TWO TIMES

qT
AMOUNT OF THE PENALTIE:

OFFENSE, THE FINE SHALL BE FIVE TIMES TE

FINES ABOVESTATI

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

3COND OFFENSE,

“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 [six (6) months and one (1) day to six (6) years and/or]
FOUR (4) YEARS TO SIX (6) YEARS and a fine [of Six thousand pesos
(P6,000.00)] 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

(P 100,000.00) FOR THOSE ENGAGED IN MEDIUM-SCALE
COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND

PESOS (P200,000.00) FOR THOSE ENGAGED IN LARGE-

COMMERCIAL FISHING, RI
HIGH

permit or license: PROVIDED,
EMPOWERED TO IMPOS!
AND TO SUSPEND OR
COMMERCIAL FISHING,

IN CASE OF A SECOND OFFE

THAT

THE ABO"

SCALE,
VELY, WHICHEVER IS

and by forfeiture of the catch, and the cancellation of fishing

THE DEPARTME)
|ONED FI

Is

REVOKE THE LICENSE FOR

SE, 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.

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SEC. 12. Section 96 of 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 [two (2) years to six (6) years] FOUR (4) YEARS TO
SIX (6) YEARS [and/or a fine of Two thousand pesos (P2,000.00)] 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 THOUSAND PE
(P100,000.00) FOR THOSE ENGAGED IN MEDIUM-SC:
COMMERCIAL FISHING, AND TWO HUNDRED THOUSAND
PESOS (P200,000.00) FOR THOSE ENGAGED IN LARGE-SCALE

“OMMERCIAL FISHING, RESPECTIVELY, WHICHEVER IS
HIGHER, [and by] THE forfeiture of the catch, and the cancellation of
fishing permit or license: PROVIDED, THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE THE ABOVEMENTIONED 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
ABOVESTATED.”

Sec.13. Section 98 of Republic Act No. 8550 is hereby amended to read as follows:

“Section 98. Capture of Sabalo and Other Breeders/Spawners. - 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

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weawrnnaee

“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 [six (6) months and one (1) day to eight (8) years and/or}
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 forfeiture of the catch,
and fishing equipment used and revocation of license: PROVIDED, THAT
THE DEPARTMENT IS EMPOWERED TO IMPOSE THE
ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE
THE LICENSE FOR COMMERCIAL FISHING.

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

See. 14, Section 99 of 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 [or a fine equivalent to double the value
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 [and/or export license/permit] LICENSE AND/OR SUSPENSION
OR REVOCATION OF REGISTRATION AS EXPORTER,
PROVIDED THAT THE DEPARTMENT IS EMPOWERED TO
IMPOSE THE ABOVEMENTIONED FINES AND TO SUSPEND OR

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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
ABOVESTATED.

FAILURE 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 IS
CONNIVANCE OR CONSPIRACY BETWEEN THE SHIPPING
COMPANY AND THE SHIPPER TO PERPETRATE THE
AFOREMENTIONED OFFENSE.”

tion 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 fof Eighty thousand pesos (P80,000.00)]
EQUIVALENT TO THREE TIMES THE VALUE OF THE FISH OR
FISHERY SPECIES IMPORTED OR EXPORTED OR FIVE
HUNDRED THOUSAND PESOS (P500,000.00), WHICHEVER IS

HIGHER, and 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
ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE
THE REGISTRATION AS IMPORTER OR EXPORTER.

17

ection 100 of Republic Act No. 8550 is hereby amended to read as follows:


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

FAILURE ON THE PART OF THE SHIPPING COMPANY
FROM WHOSE POSSESSION THE FISH OR FISHERY SPECIES
IMPORTED OR EXPORTED 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 PPING
COMPANY AND THE SHIPPER TO PERPETRATE THE
AFOREMENTIONED OFFENSE.”

See. 16. Section 101 of 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
[imprisonment of six (6) months and one (1) day to six (6) years and/or] a
fine [of Fifty thousand pesos (P50,000.00)| 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, 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 ABOVEMENTIONED FINES AND TO SUSPEND

OR REVOKE THE LICENSE FOR COMMERCIAL FISHING.

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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.

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

“Seetion102. 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 [six (6) years and one (1) day to twelve (12) years and/or a
fine of Eighty thousand pesos (P80,000.00)] 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), plus an additional fine of [Fight thousand pesos (P8,000.00)]
TWENTY THOUSAND PESOS (P20,000.00) per day until such violation
ceases and the fines paid: PROVIDED, THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES
AND TO ISSUE A CEASE AND DESIST ORDER TO THE
VIOLATOR.

IN CASE OF A SECOND OFFEN! INE 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
ABOVESTATED.

Sec. 18. Section 103 of 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

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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 [Five hundred pesos (P500.00)] TWO THOUSAND PESOS (P2,000.00)
per unreported hectare; (2) subsequent offenses, a fine of [One Thousand
pesos (P1,000)] 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.

. 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 [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]
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 [Ten
thousand pesos (P10,000.00)] 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

20


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 [Ten thousand
pesos (P10,000.00)]| 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 EMPOWERED TO IMPOSE THE
ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE THE
PERMIT OR LICENS)

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.

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

“Section 104,Commercial Fishing Vessel Operators Employing
Unlicensed Fisherfolk or Fishworker or Cre
commercial fishing vessel employing unlicensed fisherfolk or fishworker
shall be fined [Five hundred pesos (P500.00)] TWO THOUSAND PESOS
(P2,000.00) each for every month that the same has been employed and/or
[One thousand pesos (P1,000.00)] THREE THOUSAND PESOS
(P3,000.00) for every month for cach unlicensed crew member who has
been employed: PROVIDED THAT THE DEPARTMENT IS
EMPOWERED TO IMPOSE THE ABOVEMENTIONED FINES

‘The owner/operator of a

a


1 AND TO SUSPEND OR REVOKE THE LICENSE FOR
2 COMMERCIAL FISHING.

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

8

9

0

See. 20. A new provision, numbered as Section 104-A, is hereby added to the

existing provisions of Republic Act No. 8550. The same shall read as follows:

12 “SECTION 104-4. COMMERCIAL FISHING VESSEL
13 OPERATORS EMPLOYING UNLICENSED
14 FISHERFOLK/FISHWORKER OR CREW TO FISH OR ENGAGE
15 IN OTHER FISHERIES ACTIVITIES IN THE INTERNATIONAL
16 WATERS, OR IN THE TERRITORIAL SEAS AND EXCLUSIVE
7 ECONOMIC ZONES OF OTHER STATES. - THE
18 OWNER/OPERATOR OF A COMMERCIAL FISHING VESSEL
19 EMPLOYING UNLICENSED FISHERFOLK/FISHWORKER OR
20 CREW TO FISH IN THE INTERNATIONAL WATERS, OR IN THE
21 TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONES OF
22 OTHER STATES SHALL BE FINED WITH TEN THOUSAND
23 PESOS (P10,000.00) | FOR EVERY MONTH FOR EACH
24 UNLICENSED FISHERFOLK/FISHWORKER OR CREW THAT
25 THE SAME HAS BEEN EMPLOYED, PROVIDED THAT THE
26 DEPARTMENT IS EMPOWERED TO IMPOSE THE
27 ABOVEMENTIONED FINES AND TO SUSPEND OR REVOKE
28 THE INTERNATIONAL FISHING PERMIT.

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

33 ABOVESTATED.
34
35

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See. 21. Section 105 of 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 [seven (7)] EIGHT (8) years to twelve (12)
years [or] AND a fine from [Fifty thousand pesos (P50,000.00) to One
hundred thousand pesos] ONE HUNDRED FIFTY THOUSAND PESOS
(P150,000.00) TO FIVE HUNDRED THOUSAND PESOS
(P500,000.00), for both imprisonment and fine at the discretion of the court]
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
ABOVEMENTIONED 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 FINES
ABOVESTATED.

Sec. 22. Section 106 of 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 [fined Ten thousand
pesos (P10,000.00)] 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 ABOVEMENTIONED FINES. IN
CASE OF A SECOND OFFENSE, THE FINE SHALL BE

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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.

In addition, the registration, permit and/or license of the vessel

including the license of the master fisherman shall be canceled.”

See. 23. Other Violations ~ Violation of any other provision of the Code, or
of any rule or regulation already existing, or which maybe promulgated
pursuant fo this code shall subject the offender to a fine of Thirty Thousand
Pesos (P30,000) to Three Hundred ‘Thousand Pesos (P300,000) or
imprisonment from six (6) months to four (4) years or both such fine or
imprisonment in the discretion of the court: Provided the Department is

empowered to impose the abovementioned fines and to suspend or revoke

the license, permit or regis

See. 24, A new chapter on legal, administrative and quasi-judicial actions,

inserted to 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 VIOLATIONS.

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

24

hereby


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.

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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.

Sec. 25. Escalation Clause. - The fines 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.

See. 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.
See. 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.

See. 28.

Effectivity. - This Act shall take effect fifteen (15) days following its

‘complete publication in at least two (2) newspapers of general circulation.

APPROVED,

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