Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress

First Regular Session

1261

House Bill No.

Introduced by Representative Pedro B. Acharon, Jr.

EXPLANATORY NOTE

In accordance with the Fisheries Code of 1998, the State shall ensure to attain the conservation,
protection and sustained management of the country’s fisheries and aquatic resources.

As an archipelagic country, the Philippines is blessed with enormous amounts of water containing,
vast amounts of marine resources. It has thus become a target for poachers from other countries who
contribute to the depletion of these resources. There is therefore a need to create stricter laws and penalties
for those who engage in illegal fishing activities in the country.

The foregoing noble objectives however are hampered by financial constraints as income from the
execution of the penal provisions of the Fisheries Code do not accrue to the Bureau of Fisheries and
‘Aquatic Resources (BFAR). Instead these fees, charges, assessments and other receipts collected by the
Bureau in the exercise of their functions are remitted to the National Treasury and accrue to the General
Fund pursuant to EO 292 and PD No. 1445. Once remitted, said funds may no longer be reallocated for law
enforcement purposes

This bill therefore seeks to create a Fisheries Law Enforcement Support Fund in order to increase
the budgetary allocations of BFAR’s law enforcement activities as all revenues that can be derived from the
apprehensions in violation of the Fisheries Code shall be part of the fund,

In addition, this bill aims to establish Special Courts that shall ensure the speedy resolutions of
‘cases pertaining to poaching in Philippine waters and the violation of Fisheries laws and regulations.

Hence, the approval of this bill is urgently requested.

PEDR@ B. ACHARON, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1261

House Bill No.

Introduced by Representative Pedro B. Acharon, Jr.

AN ACT
AMENDING CHAPTER VI SECTION 87 ON PROVISIONS AND PENA\

OF R.A. NO.
8550 OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998,
PROVIDING FOR THE ESTABLISHMENT OF A FISHERIES LAW ENFORCEMENT
SUPPORT FUND, PROVIDING FOR THE CREATION OF SPECIAL COURTS FOR
PISHERIES, AND PROVIDING FUNDS THEREFOR.

SECTION 1, Section 87 on Poaching in Philippine Waters is hereby amended to read as
follows:

RC. 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign
person, corporations or entity to fish, ENGAGE OR TRADE IN FISHING, 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. PROVIDED, THAT
iN FISHING VESSELS ENGAGED IN SCIENTIFIC, RESEARCH, OR
JONAL PURPOSES MAY ENTER PHILIPPINE WATERS SUBJECT TO
ION 26 OF THIS ACT.

‘Violation of the above shall be punished BY THE FOLLOWING PENALTIES:

A) VIOLATION WITHIN 12 NAUTICAL MILES FROM THE PHILIPPINE
BASELINE. ~ FOR VIOLATIONS COMMITTED WITHIN THE 12 NAUTICAL MILE
LIMIT, THE PERPETRATOR(S) SHALL BE PENALIZED BY THE IMPOSITION OF A
FINE OF ONE HUNDRED THOUSAND US DOLLARS (US$100,000.00) IN ADDITION
TO MANDATORY FORFEITURE OF THE FISH CATCH, CARGO, FISHING
EQUIPMENT AND FISHING VESSEL, WHICH SHALL BE AUCTIONED AND THE,
PROCEEDS THEREOF SHALL ACCRUE TO THE FISHERIES LAW ENFORCEMENT
SUPPORT FUND. THE PERPETRATOR(S) MAY ALSO BE CHARGED WITH
VIOLATION OF SECTION 86 HEREOF AND IF FOUND GUILTY, SHALL
ALSO BE PENALIZED WITH THE CORRESPONDING FINE AND
IMPRISONMENT AS PROVIDED IN SAID SECTION.

IN CASE THE CREW OR ANY OF THEM HAVE BEEN


D) PAYMENT OF ADMINISTRATIVE FINES. - THE DEPARTMENT OF
AGRICULTURE, THROUGH THE BUREAU OF FISHERIES AND AQUATIC
RESOURCES (BFAR), AFTER DUE NOTICE AND HEARING, SHALL BE
AUTHORIZED TO IMPOSE AN ADMINISTRATIVE FINE OF NOT LESS THAN
FIFTY THOUSAND US DOLLARS (US $50,000) OR ITS EQUIVALENT IN
PHILIPPINE CURRENCY. PROVIDED, THAT FOR NON-PAYMENT OF THIS
ADMINISTRATIVE FINE, THE FOREIGN FISHING VESSEL SHALL BE Ft TED
IN FAVOR OF THE BFAR FOR ITS USE IN LAW ENFORCEMENT ACTIVITIES, OR
AUCTIONED, AS TH MAY BE, AND THE PROCEEDS THEREOF SHALL
GO TO THE FISHERIES LAW ENFORCEMENT SUPPORT FUND.

rHORIZED
HEARING
LAWYER AND.
[O THIS PROVISION  SHAL BE
FORCEMENT SUPPORT FUND.

THE DEPARTME!

OF AGRICULTURE IS HEREBY AL

R COSTS PURSUANT
CHARGEABLE TO THE FISHERIES LAW

E) PENALTIES FOR SECOND OFFENSES, ~ VIOLATORS FOUND TO BE
SECOND OFFENDERS IN PHILIPPINE WATERS SHALL BE SUBJECTED TO AN
ADDITIONAL FINE OF ONE HUNDRED ‘THOUSAND U.S DOLLARS (US
'$100,000.00).”

SECTION 2. A new provision is hereby added under Chapter VI of R.A. No. 8550 to read as,

follows:

“Sec. 109. ESTABLISHMENT OF A FISHERIES LAW ENFORCEMENT
SUPPORT FUND. ~- THERE IS HEREBY ESTABLISHED A TRUST FUND TO BE
KNOWN AS THE FISHERIES LAW ENFORCEMENT SUPPORT FUND, WHICH
SHALL BE ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE
THROUGH THE BUREAU OF FISHERIES AND AQUATIC RESOURCES, IN
COORDINATION WITH OTHER LAW ENFORCEMENT AGENCIES, AS A SPECIAL,
PROVISION UNDER THE DA-BFAR ANNUAL BUDGET AS MANDATED UNDER.
THE GENERAL APPROPRIATION ACT. IT SHALL HAVE AN ANNUAL
APPROPRIATION OF SIX MILLION PESOS (P6,000,000.00).

THE FUND SHALL ALSO BE DERIVED FROM FINES IMPOSED UNDER
THIS ACT AND OTHER FISHERIES RELATED LAWS, RULES AND
REGULATIONS, PROCEEDS FROM SALE OF FORFEITED FISH, FISHING GEARS,
PARAPHERNALIAS AND — FISHING VESSELS, FEES, CHARGES,
ADMINISTRATIVE AND CRIMINAL FINES, AND ADMINISTRATIVE FEES.
CONTRIBUTIONS IN THE FORM OF ENDOWMENTS, GRANTS AND DONATIONS
TO THE FUND SHALL BE EXEMPTED FROM DONOR TAXES AND OTHER
‘TAXES, CHARGES OR FEES IMPOSED BY THE GOVERNMENT.

THE FUND SHALL ENHANCE THE BUDGET FOR THE LAW
ENFORCEMENT AND MONITORING ACTIVITIES OF BFAR AND OTHER
AGENCIES, PERSONS, AND DEPUTIES AUTHORIZED IN SECTION 124 OF THIS
ACT, TO ENFORCE THE FISHERIES CODE AND OTHER FISHERY LAWS, RUL
AND REGULATIONS. THE FUND SHALL BE USED SPECIFICALLY FOR THE.
FOLLOWING:

i, PURCHASE AND/OR UPGRADING OF VESSELS, COMMUNICATION
AND OTHER EQUIPMENT USED FOR THE MONITORING OF PHILIPPINE
WATERS;



i, ONE-THIRD TO THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT
OR ANY OF ITS ACCREDITED CHARITABLE INSTITUTIONS OR THE BUREAU OF
JAIL MANAGEMENT AND PENOLOGY;

ii, ONE-THIRD 1

THE FISHERIES LAW ENFORCEMENT SUPPORT FUND;

ONE-THIRD AS BOUNTY TO THE CREW RESPONSIBLE FOR CATCHING THE,
DERS.

ol

D) PAYMENT OF ADMINISTRATIVE FINES. - THE DEPARTMENT OF
AGRICULTURE, THROUGH THE BUREAU OF FISHERIES AND AQUATIC
RESOURCES (BFAR), AFTER DUE NOTICE AND HEARING, SHALL BE
AUTHORIZED TO IMPOSE AN ADMINISTRATIVE FINE OF NOT LESS THAN FIFTY
THOUSAND US DOLLARS (US $50,000) OR ITS EQUIVALENT IN PHILIPPINE.
CURRENCY. PROVIDED, THAT FOR NON-PAYMENT OF THIS ADMINISTRATIVE,
FINE, THE FOREIGN FISHING VESSEL SHALL BE FORFEITED IN FAVOR OF THE
BFAR FOR ITS USE IN LAW ENFORCEMENT ACTIVITIES, OR AUCTIONED, AS.
THE CASE MAY BE, AND THE PROCEEDS Th F SHALL ACCRUE TO THE
FISHERIES LAW ENFORCEMENT SUPPORT FUND.

OFFICER FOR THIS PURPOSE. THE HONORARIA FOR THE LAWYER AND.
OTHER COSTS PURSUANT TO THIS PROVISION SHALL BE CHARGEABLE.
TO THE FISH LAW ENFORCEMENT SUPPORT FUND.

FOR SECOND OF! VIOLATORS FOUND TO BE
IN PHILIPPINE WATERS SHALL BE SUBJECTED TO AN
FINE OF ONE HUNDRED THOUSAND U.S DOLLARS (US

ADDITIONAL
$100,000.00).”

SEC. 2. A new Section 109 is hereby added under Chapter VI of R.A. No, 8550 to read
as follows:

“Sec. 109, ESTABLISHMENT OF A FISHERIES LAW ENFORCEMENT SUPPORT
FUND. ~ T IS HEREBY ESTABLISHED A TRUST FUND TO BE KNOWN AS
THE FISHERIES LAW ENFORCEMENT SUPPORT FUND, WHICH SHALL BE.
ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE THROUGH THE:
BUREAU OF FISE S AND AQUATIC RESOURCES, IN COORDINATION WITH
OTHER LAW ENFORCEMENT AGENCIES, AS A SPECIAL PROVISION UNDER THE.
DA-BFAR ANNUAL BUDGET AS MANDATED UNDER THE GENERAL
APPROPRIATIONS ACT. IT SHALL HAVE AN ANNUAL APPROPRIATION OF SIX
MILLION PESOS (P6,000,000.00).

‘THE FUND SHALL ALSO BE DERIVED FROM FINES IMPOSED UNDER THIS
ACT AND OTHER FISHERIES RELATED LAWS, RULES AND REGULATIONS,
PROCEEDS FROM SALE OF FORFEITED FISH, FISHING GEARS,
PARAPHERNALIAS AND FISHING VESSELS, FEES, CHARGES, ADMINISTRATIVE
AND CRIMINAL FINES, AND ADMINISTRATIVE FEES. CONTRIBUTIONS IN THE
FORM OF ENDOWMENTS, GRANTS AND DONATIONS TO THE FUND SHALL BE



EXEMPTED FROM DONOR TAXES AND OTHER TAXES, CHARGES OR FEES
IMPOSED BY THE GOVERNMENT.

THE FUND SHALL ENHANCE THE BUDGET FOR THE LAW
ENFORCEMENT AND MONITORING ACTIVITIES OF BFAR AND OTHER
AGENCIES, PERSONS, AND DEPUTIES AUTHORIZED IN SECTION 124 OF THIS
ACT, TO ENFORCE THE FISHERIES CODE AND OTHER FISHERY LAWS, RULES
AND REGULATIONS. THE FUND SHALL BE USED SPECIFICALLY FOR THE
FOLLOWING:

i, PURCHASE AND/OR UPGRADING OF VESSELS, COMMUNICATION AND
OTHER EQUIPMENT USED FOR THE MONITORING OF PHILIPPINE WATERS;

ii, TRAINING OF PROSECUTORS AND JUDGES IN FISHERIES LAWS,
RULES AND REGULATIONS;

ili, ESTABLISHEMENT OF A DATA BASE FOR LAW ENFORCEMENT
PURPOSES;

iv. PAYMENT OF HONORARIA OR ALLOWANCES TO PUBLIC
PROSECUTORS OR DEPUTIZED MEMBERS OF THE INTEGRATED BAR OF THE
PHILIPPINES WHO SHALL REPRESENT THE GOVERNMENT IN ANY CASES
ARISING FROM THE IMPLEMENTATION OF THIS ACT

v. PAYMENT OF LITIGATION EXPENSES SUCH AS LAWYERS’ FI O
OF CONVEYANCE OF WITNESSES AND OTHER COST OF SUIT PURSUANT TO
CASES FILED BY OR AGAINST THE REPUBLIC OF THE PHILIPPINES IN
INTERNATIONAL COURTS ARISING FROM THE IMPLEMENTATION OF THIS ACT.

PAYMENT FOR COST OF LITIGATION WHERE THE
BHENDING PARTY OR PARTIES BECOME RESPONDENTS OR DEFENDANTS
IN ANY TRIBUNAL OR COURT OF LAW.

vii. PAYMENT FOR THE COST OF REHABILITATION, MEDICAL EXPENSES
FOR INJURY, OR INDEMNITY FOR DEATH ARISING FROM THE CONDUCT OF
THE APPREHENSION FOR VIOLATIONS OF THIS ACT TO ANY DEPUTIZED
FISHERY LAW ENFORCEMENT OFFICER AND PERSONNEL, INCLUDING
VOLUNTEERS DEPUTIZED BY LAW ENFORCEMENT AGENCIES AUTHORIZED IN
SECTION 124

viii, PAYMENT FOR THE RECOVERY OF THE COST OF APPREHENSION
SUCH AS FUEL, REPAIR TO PATROL VESSELS DAMAGED DURING PURSUIT,
AMMUNITION AND OTHER ARMAMENTS, RENTAL OF SUPPORT CRAFTS, COST
OF MESS, COMMUNICATION AND THE LIKE.

SECTION 3. A new provision shall be inserted in Chapter VII of RA 8550 to read as
follows:

“SEC. 127. CREATION OF SPECIAL COURTS. SPECIAL COURTS TO BE
CREATED BY THE SUPREME COURT OF THE PHILIPPINES SHALL HANDLE,
CASES ARISING FROM VIOLATIONS OF THIS ACT. THE DEPARTMENT OF


JUSTICE SHALL ORGANIZE AND TRAIN SPECIAL PROSECUTORS, IN
COORDINATION WITH THE DA-BFAR, OR MAY DEPUTIZE MEMBERS OF THE.
INTEGRATED BAR OF THE PHILIPPINES, TO APPEAR AS PROSECUTORS FOR
THE GOVERNMENT, IN CASES ARISING FROM VIOLATIONS OF THIS ACT.

IN ALL CASES, THE PROVISIONS OF REPUBLIC ACT 8493, OTHERWISE
KNOWN AS THE SPEEDY TRIAL ACT OF 1998, SHALL BE APPLIED.”

4, Adjustment in the Numbering of other Sections of RA 8550 ~ Section 109 on
Municipal Fisheries Grant Fund shall become Section 110, Section 126 on Foreign Grants and
Aids shall become Section 128, and the numbering of the sections following Section 110 shall be
readjusted accordingly so that the last section of RA 8550 shall be numbered as Section 135,

SEC. 4, Effectivity ~ This Act shall take effect (15) days after publication in the Official
Gazette or two (2) national newspapers of general circulation,

Approved,