Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
x x x." (22) x x x
(49) x x x (74) x x x
(50) x x x (75) x x x
(51) x x x
values often based on indicators such as
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(e) Fishing with the use of prohibited Section 4. Section 6 of the same Act is hereby
gear or methods; amended, as follows:
(f) Falsifying, concealing or tampering "SEC. 6. Fees and Other Fishery Charges. – The
with vessel markings, identity or rentals for fishpond areas covered by the Fishpond
registration to conceal vessel identity Lease Agreement (FLA) or other tenurial instrument
or lack of registration; and license fees for Commercial Fishing Vessel
Licenses (CFVL) shall be set at levels that reflect
resource rent accruing from the utilization of
(g) Concealing, tampering or
resources and shall be determined by the
disposing of evidence relating to an
Department: Provided, That the Department shall also
investigation of a violation;
prescribe fees and other fishery charges and issue
the corresponding license or permit for fishing gear,
(h) Assaulting, resisting, intimidating, fishing accessories and other fishery activities beyond
harassing, seriously interfering with, or the municipal waters: Provided, further, That the
unduly obstructing or delaying a license fees of fishery activity in municipal waters
fisheries law enforcer, authorized shall be determined by the Local Government Units
inspector or observer or other duly (LGUs) in consultation with the FARMCs. The
authorized government officer; FARMCs may also recommend the appropriate
license fees that will be imposed."
(i) Intentionally tampering with or
disabling the vessel monitoring Section 5. Section 7 of the Act is hereby amended,
system; and as follows:
in duly designated fish landings and fish ports in the amended, as follows:
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Section 16. Section 65 of the same Act is hereby (x) hear and decide administrative
amended, as follows: cases before it;
(s) train, designate and deploy Section 86. Unauthorized Fishing. – (a) It shall be
fisheries observers in Philippine unlawful for any person to capture or gather or to
flagged fishing vessels engaged in cause the capture or gathering of fish, fry or
commercial fishing in Philippine fingerlings of any fishery species or fishery products
waters or distant water fishing to without license or permit from the Department or LGU.
ensure compliance with conservation
and management measures adopted Except in cases specified under this Code, it shall
by RFMOS and by the Department; also be unlawful for any commercial fishing vessel to
fish in municipal waters.
(t) implement boarding and inspection
protocols upon Philippine flagged The discovery of any person in possession of a fishing
fishing vessels in order to promote gear or operating a fishing vessel in a fishing area
observance to international treaty where he has no license or permit shall constitute &
obligations on food safety, to curb prima facie presumption that the person is engaged in
illegal, unreported and unregulated unauthorized fishing: Provided, That fishing for daily
fishing, and to comply with food sustenance or for leisure which is not for
conservation and management commercial, occupation or livelihood purposes may
measures; be allowed.
(u) adopt an appropriate monitoring, Upon a summary finding of administrative liability, the
control, surveillance and traceability boat captain and the three (3) highest officers of the
system for municipal fishing vessels commercial fishing vessel and the owner or operator
supplying exporters with concurrence who violate this provision shall be penalized with
of the local government units; confiscation of catch and gear, and an administrative
fine of five (5) times the value of the catch or the
5
Upon a summary finding of administrative liability, the (2) Ten million pesos
offender of this provision shall be punished with an (P10,000,000.00) to Fifteen million
administrative fine equivalent to twice the value of pesos (P15,000,000.00) for medium-
catch or Five thousand pesos (P5,000.00), whichever scale commercial fishing; and
is higher, and confiscation of the catch and fishing
gear: Provided, That if the offender fails to pay the (3) Sixteen million pesos
fine, he shall render community service. (P16,000,000.00) to Twenty million
pesos (P20,000,000.00) for large-
Section 87. Engaging in Unauthorized Fisheries scale commercial fishing vessels less
Activities. – It shall be unlawful for any person to than seven hundred fifty (750) gross
exploit, occupy, produce, breed or culture fish, fry or tons, and Twenty-five million pesos
fingerlings of any fishery species or fishery products (P25,000,000.00) to Forty-five million
or construct and operate fish corrals, fish traps, fish pesos (P45,000,000.00) for large-
pens and fish cages or fishponds without a license, scale commercial fishing vessels
lease or permit. seven hundred fifty (750) gross tons or
more.
The discovery of any person engaging in any of the
above activities without a lease, license or permit shall Upon conviction by a court of law, the three
constitute & prima facie presumption that the person (3) highest officers of the commercial fishing
is engaged in unauthorized fisheries activity. vessel shall suffer the penalty of imprisonment
of six (6) months and a fine equivalent to twice
Upon a summary finding of administrative liability, the the amount of the administrative fine, and
offender shall be penalized with an administrative fine confiscation of catch and gear.
of Five hundred thousand pesos (P500,000.00) to
One million pesos (P1,000,000.00), the dismantling or Section 89. Unreported Fishing. – It shall be unlawful
removal of the structure at the expense of the for any person to engage in unreported fishing or to
offender, the rehabilitation of the area affected by the fail to comply with the reportorial requirements in
activity and confiscation of stocks. Section 38 of this Code.
Upon conviction by a court of law, the offender shall Upon a summary finding of administrative liability, the
suffer the penalty of imprisonment of six (6) months, a owner or operator of the municipal or commercial
fine equivalent to twice the amount of the fishing vessel and the three (3) highest officers of the
administrative fine, the dismantling or removal of the commercial fishing vessel who commit unreported
structure at the expense of the offender, the fishing within waters of national jurisdiction shall be
rehabilitation of the area affected by the activity and punished by an administrative fine equivalent to the
confiscation of stocks. value of the catch or the amount indicated below,
whichever is higher:
Section 88. Failure to Secure Fishing Permit Prior to
Engaging in Distant Water Fishing. – (a) It shall be (1) Five thousand pesos (P5,000.00) for
unlawful for any person to fish in the high seas, in the municipal fishing: Provided, That if the
territorial seas, archipelagic waters, and Exclusive offender fails to pay the fine, he shall render
Economic Zones of other states using a Philippine community service;
flagged fishing vessel without first securing a fishing
permit from the Department and authorization from (2) One hundred thousand pesos
the coastal state. (P100,000.00) for small-scale commercial
fishing;
The discovery of any person in possession of
6
(4) Five hundred thousand pesos (1) Two million pesos (P2,000,000.00) to Nine
(P500,000.00) for large-scale commercial million pesos (P9,000,000.00) for small-scale
fishing. commercial fishing;
In case of unreported fishing committed in waters (2) Ten million pesos (P10,000,000.00) to
beyond national jurisdiction, the owner, operator, and Fifteen million pesos (P15,000,000.00) for
the three (3) highest officers of the commercial fishing medium-scale commercial fishing; and
vessel shall be penalized with an administrative fine
equivalent to five (5) times the value of the catch or (3) Sixteen million pesos (P16,000,000.00) to
the amount indicated below, whichever is higher: Twenty million pesos (P20,000,000.00) for
large-scale commercial fishing vessels less
(1) Two million pesos (P2,000,000.00) to Nine than seven hundred fifty (750) gross tons, and
million pesos (P9,000,000.00) for small-scale Twenty-five million pesos (P25,000,000.00) to
commercial fishing; Forty-five million pesos (P45;000,000.00) for
large-scale commercial fishing vessels seven
(2) Ten million pesos (P10,000,000.00) to hundred fifty (750) gross tons or more.
Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and Upon conviction by a court of law, the three (3)
highest officers of the commercial fishing vessel shall
(3) Sixteen million pesos (P16,000,000.00) to suffer the penalty of imprisonment of six (6) months
Twenty million pesos (P20,000,000.00) for and a fine equivalent to twice the amount of the
large-scale commercial fishing vessels less administrative fines, confiscation of catch and gear.
than seven hundred fifty (750) gross tons, and
Twenty-five million pesos (P25,000,000.00) to Section 91. Poaching in Philippine Waters. – It shall
Forty-five million pesos (P45,000,000.00) for be unlawful for any foreign person, corporation or
large-scale commercial fishing vessels seven entity to fish or operate any fishing vessel in Philippine
hundred fifty (750) gross tons or more. waters.
Upon conviction by a court of law, the three (3) The entry of any foreign fishing vessel in Philippine
highest officers of the commercial fishing vessel shall waters shall constitute a prima facie presumption that
suffer the penalty of imprisonment of six (6) months the vessel is engaged in fishing in Philippine waters.
and a fine equivalent to twice the amount of the
administrative fine, and confiscation of catch and Upon a summary finding of administrative liability, any
gear. foreign person, corporation or entity in violation of this
section shall be punished by an administrative fine of
Section 90. Unregulated Fishing. – It shall be Six hundred thousand US dollars (US$600,000.00) to
unlawful for any person to engage in unregulated One million US dollars (US$1,000,000.00) or its
fishing in waters within and beyond national equivalent in Philippine currency.
jurisdiction.
Upon conviction by a court of law, the offender shall
Upon a summary finding of administrative liability, the be punished with a fine of One million two hundred
owner, operator, of the municipal or commercial thousand US dollars (US$1,200,000.00), or its
fishing vessel and the three (3) highest officers of the equivalent in Philippine currency, and confiscation of
commercial fishing vessel who commit unregulated catch, fishing equipment and fishing vessel.
fishing within waters of national jurisdiction shall be
punished by confiscation of catch and gear and an If the offender is caught within internal waters, an
administrative fine equivalent to the value of the catch additional penalty of imprisonment of six (6) months
or amount indicated below, whichever is higher: and one (1) day to two (2) years and two (2) months
shall be imposed. If apprehended for the second time
(1) Five thousand pesos (P5,000.00)) for within internal waters, the offender shall be punished
municipal fishing: Provided, That if the with imprisonment of three (3) years and a fine of Two
offender fails to pay the fine, he shall render million four hundred thousand US dollars
community service; (US$2,400,000.00) or its equivalent in Philippine
currency: Provided, That no foreign person shall be
(2) One hundred thousand pesos deported without the payment of the imposed judicial
(P100,000.00) for small-scale commercial and/or administrative fines and service of sentence, if
fishing; any.
(3) Two hundred thousand pesos Section 92. Fishing Through Explosives, Noxious or
(P200,000.00) for medium-scale commercial Poisonous Substance, or Electricity. – (a) It shall be
fishing; and unlawful for any person to catch, take or gather or
cause to be caught, taken or gathered fish or any
(4) Five hundred thousand pesos fishery species in Philippine waters with the use of
(P500,000.00) for large-scale commercial explosives, noxious or poisonous substance such as
fishing. sodium cyanide, which will kill, stupefy, disable or
render unconscious fish or fishery
species: Provided, That the Department, subject to
In case of unregulated fishing committed in waters
such safeguards and conditions deemed necessary
7
Exportation. – It shall be unlawful for any person or whichever is higher, and confiscation of the
corporation to gather, possess, commercially substance.
Upon conviction by a court of law, the offender shall pay the fine, community service shall be
suffer the penalty of imprisonment from two (2) years rendered;
to ten (10) years and a fine equivalent to twice the
administrative fine, confiscation of catch or (2) Five times the value of the catch or One
substances and equipment or gear used. hundred thousand pesos (P100,000.00),
whichever is higher for small-scale
Section 98. Illegal Use of Superlights or Fishing Light commercial fishing;
Attractor. – It shall be unlawful to engage in fishing
with the use of superlight in municipal waters, or to (3) Five times the value of catch or Three
fish with fishing light attractor using candlelight power hundred thousand pesos (P300,000.00),
or intensity beyond the standards set by the whichever is higher for medium-scale
Department in consultation with the LGUs for fishing commercial fishing; and
in municipal waters, or in violation of the rules
promulgated by the Department for fishing with the (4) Five times the value of catch or Five
use of superlight or fishing light attractor outside hundred thousand pesos (P500,000.00),
municipal waters. whichever is higher for large-scale commercial
fishing.
Upon a summary finding of administrative liability, the
offender shall be punished by a fine of Twenty Upon conviction by a court of law, the offender shall
thousand pesos (P20,000.00) per superlight or fishing be punished with imprisonment of six (6) months and
light attractor, and confiscation of catch, superlight or one (1) day to six (6) years, confiscation of catch and
fishing light attractor and gears: Provided, That if the gear, and fine twice the amount of the administrative
offender is a municipal fisherfolk, he may render fine and cancellation of license or permit.
community service in lieu of fine.
Section 101. Fishing in Marine Protected Areas,
Upon conviction by a court of law, the offender shall Fishery Reserves, Refuge and Sanctuaries. – It shall
be punished with imprisonment from six (6) months to be unlawful to fish in marine protected areas, fishery
two (2) years and a fine of Forty thousand pesos reserves, refuge, or fish sanctuaries as declared by
(P40,000.00) per superlight or fishing light attractor, the Department or the LGUs.
and confiscation of catch, superlight or fishing light
attractor and gears: Provided, That if the offender is a
Upon a summary finding of administrative liability, the
municipal fisherfolk, he may render community
offender shall be punished with confiscation of catch
service in lieu of fine or imprisonment.
and gear, and administrative fine of twice the value of
the catch or the amount indicated below, whichever is
Section 99. Conversion of Mangroves. – It shall be higher:
unlawful for any person to convert mangroves into
fishponds or for any other purpose.
(1) Twenty thousand pesos (P20,000.00) for
municipal fishing: Provided, That if the
Upon a summary finding of administrative liability, the offender fails to pay the fine, community
offender shall be penalized with a fine equivalent to service shall be rendered;
the ecological value of a hectare of mangrove based
on available studies or administrative fine of Ten
(2) Two hundred thousand pesos
million pesos (P10,000,000.00) per hectare,
(P200,000.00) for small-scale commercial
whichever is higher: Provided, That if the area
fishing;
requires rehabilitation or restoration as determined by
the Department, the offender shall also be required to
restore or pay for the restoration of the damaged (3) Six hundred thousand pesos
area. (P600,000.00) for medium-scale commercial
fishing; and
Upon conviction by a court of law, the offender shall
pay a base fine of Eighty thousand pesos (4) One million pesos (P1,000,000.00) for
(P80,000.00), a fine equivalent to the administrative large-scale commercial fishing.
penalties, and shall suffer the penalty of imprisonment
of six (6) months and one (1) day to twelve (12) Upon conviction by a court of law, violation of this
years: Provided, That if the area requires provision shall be punished by imprisonment of two
rehabilitation or restoration as determined by the (2) years to six (6) years and a fine twice the amount
court, the offender shall also be required to restore or of the administrative fine, confiscation of catch and
pay for the restoration of the damage. The offender gear, and cancellation of license or permit.
shall be liable for environmental damages computed
at Five hundred thousand pesos (P500,000.00) per Section 102. Fishing or Taking of Rare, Threatened
hectare per year until the area is restored. or Endangered Species. – (a) It shall be unlawful to
fish or take, catch, gather, sell, purchase, possess,
Section 100. Fishing During Closed Season. – It shall transport, export, forward or ship out aquatic species
be unlawful to fish during closed season. listed in Appendix I of the Convention on the
International Trade in Endangered Species of Wild
Upon a summary finding of administrative liability, the Flora and Fauna (CITES), or those categorized by the
offender shall be punished with confiscation of catch International Union for Conservation of Nature and
and gear and an administrative fine of: Natural Resources (IUCN) as threatened and
determined by the Department as such.
(1) Three times the value of the catch or
Twenty thousand pesos (P20,000.00) for Upon a summary finding of administrative liability, the
10
municipal fishing, whichever is Department shall penalize the offender with a fine
higher: Provided, That if the offender fails to equivalent to five times (5) times the value of the
Page
Section 103. Capture of Sabalo and Other Upon a summary finding of administrative liability, the
Breeders/Spawners. – It shall be unlawful for any offender shall be punished with an administrative fine
person to catch, gather, capture or possess mature of five (5) times the value of the species or Three
milkfish or sabalo and other breeders or spawners of hundred thousand pesos (P300,000.00) to Five
other fishery species as may be determined by the hundred thousand pesos (P500,000.00), whichever is
Department: Provided, That catching of sabalo and higher, and forfeiture and/or destruction of the
other breeders/spawners for local breeding purposes species.
or scientific or research purposes may be allowed
subject to guidelines that shall be promulgated by the Upon conviction by a court of law, the offender shall
Department. be punished with eight (8) years of imprisonment and
fine of twice the administrative fine, forfeiture and/or
Upon a summary finding of administrative liability, an destruction of the species: Provided, That offenders
offender shall be punished with a fine equivalent to shall be banned from being members or stockholders
five (5) times the value of the sabalo, other breeders, of companies currently engaged in fisheries or
or spawners gathered or captured, or Five hundred companies to be created in the future, the guidelines
11
thousand pesos (P500,000.00), whichever is higher, for which shall be promulgated by the Department.
and forfeiture of catch and gear.
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Section 106. Violation of Harvest Control Rules. – It Upon a summary finding of administrative liability, the
shall be unlawful for any person to fish in violation of offender shall be punished with an administrative fine
harvest control rules as determined by the of One hundred thousand pesos (P100,000.00) and
Department. suspension or cancellation of permit or license and
impoundment of the vessel until the safety standard
Upon a summary finding of administrative liability, the has been complied with.
offender shall be punished with confiscation of catch
and fishing gear, revocation of license and an Upon conviction by a court of law, the offender shall
administrative fine of: suffer the penalties of imprisonment from one (1)
month and one (1) day to six (6) months and a fine of
(1) Three times the value of the catch or twice the amount of the administrative fine,
Twenty thousand pesos (P20,000.00) for suspension or cancellation of permit or license and
municipal fishing, whichever is impoundment of the vessel until the safety standard
higher: Provided, That if the offender fails to has been complied with.
pay the fine, community service shall be
rendered; Section 109. Failure to Submit a Yearly Report on All
Fishponds, Fish Pens and Fish Cages. – It shall be
(2) Five times the value of the catch or One unlawful for owners and operators of fishponds,
hundred thousand pesos (P100,000.00) fishpens and fish cages to fail to submit an annual
whichever is higher for small-scale report to the Department pursuant to Section 57 of
commercial fishing; this Code.
(3) Five times the value of the catch or One Upon summary finding of administrative liability, the
million pesos (P1,000,000.00), whichever is owner of the fishpond, fishpen or fish cage shall be
higher for medium-scale commercial fishing; imposed a fine of Five thousand pesos (P5,000.00)
and per unreported hectare. In case the fishpond is
covered by FLA, nonsubmission of a report for two (2)
(4) Five times the value of the catch or Five consecutive years shall result to its cancellation.
million pesos (P5,000,000.00), whichever is
higher, for large-scale commercial fishing. Upon conviction by a court of law, the offender shall
be punished with twice the amount of the
Upon conviction by a court of law, the offender shall administrative fine.
be punished with imprisonment of six (6) months and
one (1) day to six (6) years and a fine twice the Section 110. Gathering and Marketing of Shell
administrative fine, confiscation of catch and fishing Fishes or Other Aquatic Species. – It shall be
gear, and revocation of license. unlawful for any person to gather, take, sell, transfer,
possess, commercially transport, export, forward or
Section 107. Aquatic Pollution. – Aquatic pollution, as ship out any sexually mature shell fish or other
defined in this Code, shall be unlawful. aquatic species identified by the Department, or below
the minimum size, or above the maximum quantities
prescribed for the species. Other parameters for the
Upon a summary finding of administrative liability, the
protection of heavily traded aquatic species may be
offender shall be punished with fine of Three hundred
promulgated by the Department.
thousand pesos (P300,000.00) to Five hundred
thousand pesos (P500,000.00) and an additional fine
of Fifteen thousand pesos (P15,000.00) per day until Upon a summary finding of administrative liability, the
the violation ceases and the fines are paid, the penalty of an administrative fine equivalent to the
imposition of cease and desist order, closure or value of the species or Fifty thousand pesos
suspension of the development, construction or (P50,000.00), whichever is higher, and confiscation of
facility, or cessation of operations, or disconnection of the same, cancellation of permit or license shall be
water supply. The order may be issued ex imposed upon the offender.
parte pending resolution of the case.
Upon conviction by a court of law, the offender shall
Upon conviction by a court of law, the offender shall be punished by imprisonment from one (1) month and
be punished with imprisonment of six (6) years and one (1) day to six (6) months and fine equivalent to
one (1) day to twelve (12) years and a fine twice the twice the amount of the administrative fine, and
amount of the administrative fine and an additional cancellation of the permit or license.
fine of Fifteen thousand pesos (P15,000.00) per day
until the violation ceases and the fines are paid, the Section 111. Obstruction to Navigation or Flow or
imposition of cease and desist order, closure or Ebb of Tide in any Stream, River, Lake or Bay. – It
suspension of the development, construction or shall be unlawful for any person to cause obstruction
facility, or cessation of operations, or disconnection of to navigation or flow or ebb of tide.
water supply. The order may be issued ex
parte pending resolution of the case. Upon a summary finding of administrative liability, the
offender shall be punished with a fine of Two hundred
Section 108. Failure to Comply with Minimum Safety thousand pesos (P200,000.00) and the dismantling of
Standards. – The owner and captain of a commercial the obstruction, fish corrals/traps, fish pens or fish
fishing vessel engaged in fishing who, upon demand cages at the expense of the offender.
by proper authorities, fails to exhibit or show proof of
compliance with the safety standards provided in this Upon conviction by a court of law, the offender shall
Code shall be liable administratively and criminally. be punished with imprisonment from one (1) month
and one (1) day to six (6) months and fine of twice the
12
Upon apprehension, the fishing vessel shall be amount of the administrative fine, confiscation of
escorted to the nearest port or landing point and stocks and dismantling of the obstruction, fish
Page
master or operator or any other person acting on the Department shall be punished with confiscation of
catch and suspension or cancellation of license or Department. – It shall be unlawful for any person to
permit and an administrative fine of twice the value of construct or import fishing vessels or gears or to
the catch or the amount indicated below whichever is convert other vessels into fishing vessels without
higher: permit from the Department.
(1) Twenty thousand pesos (P20,000.00) for Upon a summary finding of administrative liability, the
municipal fishing or community service in case offender shall be imposed the penalty of an
of failure to pay the fine; administrative fine of:
(2) One million pesos (P1,000,000.00) for (1) Fifty thousand pesos (P50,000.00) for
small-scale commercial fishing; small-scale commercial fishing;
(3) Two million five hundred thousand pesos (2) Five hundred thousand pesos
(P2,500,000.00), for medium-scale (P500,000.00) for medium-scale commercial
commercial fishing; and fishing; and
(4) Five million pesos (P5,000,000.00), for (3) Two million five hundred thousand pesos
large-scale commercial fishing. (P2,500,000.00) for large-scale commercial
fishing.
Upon conviction by a court of law, the offender shall
be punished with imprisonment of six (6) months and Upon conviction by a court of law, the offender shall
fine twice the amount of the administrative fine, and suffer the penalty of imprisonment from one (1) month
confiscation of the catch and suspension or and one (1) day to six (6) months and fine of twice the
cancellation of license. amount of the administrative fine.
Section 119. Noncompliance with Vessel Monitoring Section 121. Use of Unlicensed Gear. – Any person
Measures. – No municipal, commercial or distant who uses a fishing gear or method for commercial
water fishing vessel shall engage in fishing activity fishing without license from the Department shall,
without complying with the vessel monitoring upon a summary finding of administrative liability, be
measures promulgated by the Department in fined from Two hundred thousand pesos
coordination with the LGUs: Provided, That for (P200,000.00) to Five hundred thousand pesos
vessels operating in Philippine waters, only the (P500,000.00) per gear depending on the seriousness
catcher vessel shall be covered by this requirement. It of the violation.
shall also be unlawful to intentionally tamper with,
switch off or disable the vessel monitoring system. Upon conviction by a court of law, the offender shall
be imposed the penalty of fine from Four hundred
Upon a summary finding of administrative liability, the thousand pesos (P400,000.00) to One million pesos
fishing vessel owner, master or any other person (P1,000,000.00) depending on the seriousness of the
acting on behalf of the vessel owner shall be punished violation.
1âwphi1
Upon conviction by a court of law, the master or any In case of violation by distant water fishing vessels,
other person acting on behalf of the vessel owner the administrative fine shall be twice the amount
shall be punished with imprisonment of six (6) months indicated above.
to two (2) years and fine twice the amount of the
administrative fine, confiscation of catch and Upon conviction by a court of law, the offender shall
14
suspension or revocation of the license. suffer the penalty of imprisonment from two (2) years
to six (6) years and a fine equivalent to twice the
Page
Upon a summary finding of administrative liability, the Section 127. Unauthorized Disclosure of Sensitive
offender shall be punished with a fine of Two hundred Technical Information. – Data from the vessel
thousand pesos (P200,000.00) to Six million pesos monitoring system or vessel monitoring measure and
(P6,000,000.00) and confiscation and destruction of other related data arising therefrom shall be
the foreign or exotic species. Should the species considered as sensitive technical information. Any
become invasive and result to predation of native unauthorized disclosure of said data including all
aquatic biota, loss of income or damage to the habitat, other data referred to in Section 155 in this Code, by
the offender shall bear the costs of containment, any person shall be penalized with imprisonment of
eradication and/or restoration. six (6) months and one day to six (6) years, removal
from office and forfeiture of all retirement benefits,
Upon conviction by a court of law the offender shall where applicable.
suffer the penalty of imprisonment of six (6) years to
(12) years and fine from Four hundred thousand Section 128. Other Violations. – In addition to the
pesos (P400,000.00) to Twelve million pesos prohibitions in this Code, the Department, in
(P12,000,000.00), confiscation of foreign or exotic consultation with the LGUs, local FARMCs and
species and the costs for containment, eradication or NFARMC, shall issue fishery administrative orders or
restoration. regulations for the conservation, preservation,
management and sustainable development of
Section 125. Failure to Comply with Standards and fisheries and aquatic resources.
Trade-Related Measures. – It shall be unlawful for
any person to fail to comply with standards for Violation of administrative orders or regulations
weights, volume, quality and other requirements for all promulgated by the Department or any provision
fishery transactions and trade and trade-related thereof shall subject the offender to a fine of One
measures prescribed by the Department. hundred thousand pesos (P100,000.00) to Five million
pesos (P5,000,000.00), depending on the
Upon a summary finding of administrative liability, the socioeconomic impact and seriousness of the
15
offender shall be punished with an administrative fine violation, volume and value of the fisheries product,
of Fifty thousand pesos (P50,000.00) to Two million damage to the environment due to the violation, and
Page
The Committee shall promulgate rules and regulations (8) increase in the amount of fines but not to
for the conduct of administrative adjudication and the exceed five (5) times the value of the catch. In
disposition of confiscated catch, gears, equipment case of repeated violations within a five-year
and other paraphernalia. It shall also issue subpoena period, the amount of fine may be increased
duces tecum and ad testificandum in administrative up to eight (8) times the value of the catch.
cases before it.
During the pendency of the administrative or the
Section 131. Commencement of Summary criminal case, the Department may impound the
Administrative Action. – The Department shall, on its vessel/conveyance, gear and other paraphernalia
own instance or upon verified complaint by any used in the commission of the offense.
person, institute administrative proceedings against
any person who violates any order, rule or regulation In applying these accompanying sanctions, the
issued by the Department, pursuant to this Code. Department shall take into account the seriousness of
the violation as defined in Paragraph 82 of Section 4
Section 132. Power to Issue Cease and Desist of this Code, the habituality or repetition of violation,
Orders and to Summarily Evict Without the Necessity manner of commission of the offense, severity of the
of Judicial Order. – The Department shall, subject to impact on the fishery resources and habitat,
the requirements of administrative due process, issue socioeconomic impact, cases of concealment or
cease and desist order/s upon violator/s and to destruction of evidence, eluding arrest, resisting lawful
summarily eject, without the necessity of judicial orders, and other analogous circumstances.
order, the holder of FLA, other tenurial instrument,
permit or license from areas of the public domain The overall level of sanctions and accompanying
covered by such FLA, tenurial instrument, permit or sanctions shall be calculated in a manner that is
license. proportionate, effective and dissuasive to deprive the
offender of the economic benefits derived from the
Section 133. Authority of the Director of the BFAR or serious violation.
the Duly Authorized Representative to Issue Notice of
Violation and Order Confiscation. – In all cases of Section 136. Lien Upon Personal and Immovable
violations of this Code or other fishery laws, rules and Properties of Violators. – Fines and penalties
regulations, the Director of the BFAR or the duly imposed pursuant to this Code shall constitute a lien
authorized representative, may issue notice of upon the personal and immovable properties of the
violation and order the confiscation of any fish, fishery violator.
species or aquatic resources illegally caught, taken or
gathered, and all equipment, paraphernalia and gears Section 137. Community Service. – In case the
in favor of the Department, academic institutions or offender is a municipal fisherfolk or has no property
LGUs and to dispose of the same in accordance with over which the Department may impose the fines and
pertinent laws, rules, regulations and policies on the penalties prescribed for the offense, community
matter. service may be rendered in lieu of the fine. The
Department shall promulgate the rules and
Section 134. Prohibition on the Issuance of regulations for this purpose, taking into account that
Temporary Restraining Orders, Preliminary the service should be rendered in accordance with
Injunctions, and Preliminary Mandatory Injunctions. needs of the community where the offense is
– No injunction or restraining order from the Municipal committed and computed based on the fine and the
Trial Courts and Regional Trial Courts shall lie against prevailing minimum wage in the community, among
the Department and BFAR upon the ex parte motion others.
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Section 139. Strategic Lawsuit Against Public (b) five percent (5%) for the payment of
Participation (SLAPP) in the Enforcement of this Act. litigation expenses, cost of conveyance of
– A legal action filed to harass, vex, exert undue witnesses and other costs due to cases filed
pressure, or stifle any legal recourse that any person, by or against the Republic of the Philippines in
institution, or the government has taken or may take international courts arising from the
in the enforcement of this Code shall be treated as a implementation of this Code or where
Strategic Lawsuit Against Public Participation apprehending party or parties become
(SLAPP). respondents or defendants in any tribunal or
court of law;
The hearing on the defense of a SLAPP shall be
summary in nature, the affirmative defense of a (c) twenty-five percent (25%) for the operating
SLAPP shall be resolved within thirty (30) days after costs and capacity building of the NFARMC,
the summary hearing. If the court dismisses the IFARMCs and C/MFARMCs and payment for
action, the court may award damages, attorney’s fees, the cost of rehabilitation, medical expenses for
and costs of suit under a counterclaim if such has injury, or indemnity for death of law
been filed. The dismissal shall be with prejudice. enforcement officers, including deputized
volunteers, distributed as follows: five percent
If the court rejects the defense of a SLAPP, the (5%) to the NFARMC, five percent (5%) to all
evidence adduced during the summary hearing shall IFARMCs, five percent (5%) to all
be treated as evidence of the parties on the merits of C/MFARMCs, and ten percent (10%) to
the case. The action shall proceed in accordance with C/MFARMCs for the apprehension and
the Rules of Court. successful prosecution of a fisheries offense;
The Rules of Procedure for Environmental Cases (d) five percent (5%) for the continued
shall govern the procedure in civil, criminal, and upgrading of laboratory facilities and
special civil actions involving the enforcement or equipment;
violations of this Code including actions treated as a
SLAPP as provided in this section. (e) five percent (5%) for the research and
development activities of the NFRDI;
Section 140. Fisheries National Administrative
Register. – The Adjudication Committee shall enter in (f) five percent (5%) for the capability
a Fisheries National Administrative Register, which development of BFAR personnel, deputized
shall be publicly available, all decisions, resolutions or law enforcement agencies and volunteers,
orders involving violations of this Code, particularly and stakeholders;
serious violations committed by Philippine flagged
vessels or by Philippine nationals and cases on (g) ten percent (10%) for scholarship grants
poaching or involving foreigners, including the for children of fisherfolks and fishworkers in
penalties imposed." fish catch, aquaculture, fishing and fish
processing;
Section 19. Section 108 of the Code is hereby
renumbered as Section 141 and a new Section 142 is (h) fifteen percent (15%) for livelihood
hereby inserted after to read, as follows: programs for production enhancement and
poverty alleviation; and
"SEC. 142. Fisheries Management Fund. – A
Fisheries Management Fund is hereby established to (i) fifteen percent (15%) for assistance to
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enhance the budget for: the conservation, fishermen in the form of shared facilities."
preservation, protection, management, development
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