Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

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REPUBLIC ACT NO.

10654 Fisheries Management Organization (RFMO),


in the high seas, or in waters of other coastal
AN ACT TO PREVENT, DETER AND ELIMINATE states."
ILLEGAL, UNREPORTED AND UNREGULATED
FISHING, AMENDING REPUBLIC ACT NO. 8550, Section 3. Section 4 of the same Act is hereby
OTHERWISE KNOWN AS "THE PHILIPPINE amended, as follows:
FISHERIES CODE OF 1998," AND FOR OTHER
PURPOSES "SEC. 4. Definition of Terms. – As used in this
Code, the following terms and phrases shall
Be it enacted by the Senate and House of mean as follows:
Representatives of the Philippines in Congress
assembled: (1) x x x

Section 1. Section 2 of Republic Act No. 8550, xxx


otherwise known as "The Philippine Fisheries Code of
1998", is hereby amended, as follows: (12) Community Service – means any service
or activity that is performed for the benefit of
"SEC. 2. Declaration of Policy. – It is hereby declared the community or its institutions in lieu of
the policy of the State: payment of fine imposed as administrative or
criminal penalty.
(a) x x x
(13) Conservation and Management
xxx Measures – means measures to conserve
and manage living marine resources that are
(c) To ensure the rational and sustainable adopted and applied consistently with the
development, management and conservation of the relevant rules of international law including
fishery and aquatic resources in Philippine waters those reflected in conventions, RFMO
including the Exclusive Economic Zone (EEZ) and in resolutions and laws of other coastal states
the adjacent high seas, consistent with the primordial where Philippine flagged vessels fish.
objective of maintaining a sound ecological balance,
protecting and enhancing the quality of the (14) x x x
environment. The Philippines shall pursue its
commitment to international conventions and (15) x x x
cooperate with other states and international bodies,
in order to conserve and manage threatened , aquatic (16) x x x
species, straddling and highly migratory fish stocks
and other living marine resources;
(17) x x x
xxx
(18) Distant Water Fishing – means fishing in
the high seas or in waters of other states.
(f) To adopt the precautionary principle and manage
fishery and aquatic resources, in a manner consistent
(19) x x x
with the concept of an ecosystem-based approach to
fisheries management and integrated coastal area
management in specific natural fishery management (20) x x x
areas, appropriately supported by research, technical
services and guidance provided by the State; and (21) x x x

x x x." (22) x x x

Section 2. Section 3 of the same Act is hereby (23) x x x


amended, as follows:
(24) x x x
"SEC. 3. Application of its Provisions. – The
provisions of this Code shall be enforced in: (25) x x x

(a) all Philippine waters including other waters (26) x x x


over which the Philippines has sovereignty
and jurisdiction, and the country’s 200-nautical (27) x x x
mile Exclusive Economic Zone (EEZ) and
continental shelf; (28) x x x

(b) all aquatic and fishery resources whether (29) x x x


inland, coastal or offshore fishing areas,
including, but not limited to, fishponds, fish (30) x x x
pens/cages;
(31) x x x
(c) all lands devoted to aquaculture, or
businesses and activities relating to fishery,
whether private or public lands; and (32) x x x
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(d) all Philippine flagged fishing vessels (33) x x x


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operating in areas governed by a Regional


(34) x x x
(35) Fisheries Observer – refers to a person (53) x x x
duly authorized by the Philippine government
or under a Regional Observer Program of the (54) Harvest Control Rules – refers to actions
RFMO, to collect scientific, technical or or set of actions to be taken to achieve a
fishing-related data, and other information that medium or long term target reference point
may be required by the government or the while avoiding reaching or breaching a limit
RFMO and/ or in compliance to a reference point.
conservation and management measure.
(55) Illegal Fishing – means fishing activities
(36) x x x conducted by Philippine fishing vessels
operating in violation of Philippine laws,
(37) Fishing Vessel/Gear License – refers to a Regional Fisheries Management Organization
permit to operate specific types of fishing resolutions, and laws of other coastal states.
vessel/gear for specific duration in areas
beyond municipal waters for demersal or (56) x x x
pelagic fishery resources.
(57) x x x
(38) x x x
(58) x x x
(39) x x x
(59) x x x
(40) x x x
(60) Marine Protected Area – means a defined
(41) x x x area of the sea established and set aside by
law, administrative regulation, or any other
(42) x x x effective means in order to conserve and
protect a part of or the entire enclosed
(43) x x x environment through the establishment of
management guidelines. It is considered a
(44) Fishing Gear – refers to any instrument generic term that includes all declared areas
or device and its accessories utilized in taking governed by specific rules or guidelines in
fish and other fishery species. order to protect and manage activities within
the enclosed area.
(a) Active Fishing Gear – is a fishing
device characterized by the pursuit of (61) x x x
the target species by towing, pushing
the gears, surrounding, covering, (62) x x x
dredging, and scaring the target
species to impoundments; such as, (63) x x x
but not limited to, trawl, purse seines,
Danish seines, paaling and drift gill (64) x x x
net.
(65) x x x
(b) Passive Fishing Gear – is
characterized by the absence of (66) x x x
pursuit of the target species; such as,
but not limited to, hook and line,
(67) x x x
fishpots, traps and gill nets set across
the path of the fish.
(68) x x x
(45) Fishing Light Attractor – refers to a
fishing aid which employs lights using, among (69) x x x
others, mercury vapor, high pressure sodium
vapor, standard tungsten, tungsten halogen, (70) x x x
fluorescent or light-emitting diode, that are
attached to a structure above water or (71) x x x
suspended underwater to attract both fish and
members of their food chain to specific areas (72) x x x
in order to harvest them.
(73) Port State Measures – refers to the
(46) x x x requirements established or interventions
undertaken by port states, which a Philippine
(47) x x x flagged or foreign fishing vessel must comply
with as a condition for the use of ports within
(48) x x x the port state.

(49) x x x (74) x x x

(50) x x x (75) x x x

(76) Reference Points – means benchmark


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(51) x x x
values often based on indicators such as
Page

(52) x x x fishery stock size or the level of fishing that


serves as standard to compare estimates of a consists of a ballast, regulator, electric cable
fishery stock size and fishing mortality over and socket. The source of energy comes from
time depending on the biological a generator, battery or dynamo coupled with
characteristics of the species. Reference the main engine.
points can mark: (a) a limit or a level that
should be avoided; (b) a target, which should (84) x x x
be achieved and maintained; or (c)
a trigger that signals the need to take (85) Transhipment – refers to the transfer of
prescribed actions. all or any fish or fishery product from one
fishing vessel to another.
(77) Regional Fisheries Management
Organization (RFMO) – means a multi-lateral (86) x x x
organization with responsibility to coordinate
management and establish conservation and
(87) Unregulated Fishing – refers to fishing
management measures for highly migratory
activities conducted by:
fish stocks, fish stocks that straddle national
fisheries management boundaries and other
high seas species. (a) Vessels without nationality but
operated by Filipino and/or Filipino
corporation;
(78) x x x
(b) Philippine flagged fishing vessels
(79) x x x
operating in areas managed by
RFMOs to which the Philippines is not
(80) x x x a party to; or

(81) x x x (c) Philippine flagged fishing vessels


operating in areas or fish stocks where
(82) Serious Violation – means any of the there are no applicable conservation
following violations of the provisions of this and management measures.
Code:
(88) Unreported Fishing – refers to fishing
(a) Fishing without a valid license, activities which have not been reported, or
authorization or permit; have been misreported to the Department, in
contravention of national laws and regulations
(b) Fishing without reporting the catch of the Philippines, or undertaken in the area of
or misreporting the catch; competence of a relevant RFMO which have
not been reported or have been misreported,
(c) Fishing in a closed area or during a in contravention of the reporting procedures of
closed season; that organization and further elaborated by
regulations to be promulgated by the
(d) Fishing of prohibited species; Department."

(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:

(j) Committing multiple violations "SEC. 7. Access to Fishery Resources. – The


which taken together constitute a Department shall issue such number of licenses and
serious disregard of this Code. permits for the conduct of fishery activities subject to
harvest control rules and reference points as
(83) Superlight – also called magic light, determined by scientific studies or best available
refers to a type of light using halogen or metal
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evidence. Preference shall be given to resource users


halide bulb which may be located above the
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in the local communities adjacent or nearest to the


sea surface or submerged in the water. It municipal waters."
Section 6. Section 8 of the Act is hereby amended, established by canneries, seafood processors and all
as follows: fish landing sites established prior to the effectivity of
this Code shall be considered authorized landing
"SEC.8. Harvest Control Rules and Reference sites: Provided, finally, That fishworkers on board
Points. – The Secretary may establish reference Philippine registered fishing vessels conducting
points and harvest control rules in a fishery fishing activities beyond the Philippine Exclusive
management area or for a fishery: Provided, Economic Zone are not considered as overseas
however, That in municipal waters and fishery Filipino workers.
management areas, and waters under the jurisdiction
of special agencies, Harvest Control Rules and Distant water fishing vessels shall comply with the
Reference Points may be established upon the monitoring, control and surveillance requirements,
concurrence and approval or recommendation of such conservation and management measures, and fishing
special agency and the concerned LGU in access conditions of the Department, the RFMO, or
consultation with the FARMC for conservation or other coastal states."
ecological purposes."
Section 11. Section 33 of the same Act is hereby
Section 7. Section 14 of the Act is hereby amended, amended, as follows:
as follows:
"SEC. 33. Importation, Construction of New Fishing
"SEC. 14. Monitoring, Control and Surveillance (MCS) Vessels and Gears and Conversion of Other Vessels.
of Fishing in all Philippine Waters and Philippine – Prior to the importation or the construction of new
Flagged Distant Water Fishing Vessels. – A fishing vessels or gears, or the conversion into a
monitoring, control and surveillance system shall be fishing vessel, the approval/clearance of the
established by the Department in coordination with Department must first be obtained in order to manage
LGUs, FARMCs, the private sector and other fishing capacity."
agencies concerned to ensure that the fisheries and
aquatic resources in Philippine waters are judiciously Section 12. Section 38 of the same Act is hereby
and wisely utilized and managed on a sustainable amended, as follows:
basis and conserved for the benefit and enjoyment
exclusively of Filipino citizens. The MCS system shall "SEC. 38. Reportorial Requirements. – Each
encompass all Philippine flagged fishing vessels commercial fishing vessel shall keep a daily record
regardless of fishing area and final destination of offish catch and spoilage, landing points, and quantity
catch." and value of fish caught, and off-loaded for
transhipment, sale and/ or other disposal. Detailed
Section 8. Section 30 of the same Act is hereby information shall be duly certified by the vessel’s
amended, as follows: captain and transmitted to BFAR within the period
prescribed in the implementing rules and regulations
"SEC. 30. Renewal of Commercial Fishing Vessel promulgated by the Department. Failure to comply
License. – The commercial fishing vessel license shall result to administrative and penal sanctions."
shall be renewed every three (3) years.
Section 13. Section 42 of the Act is hereby deleted
The owner/operator of a fishing vessel has a period of and replaced with a new Section 42, to read as
sixty (60) days prior to the expiration of the license follows:
within which to renew the same."
"SEC. 42. Port State Measures. – The Department is
Section 9. Section 31 of the same Act is hereby authorized to adopt port state measures that must be
amended, as follows: complied with by foreign fishing vessels. These
measures shall include: prior notification of port entry;
"SEC. 31. Transfer of Ownership. – The use of designated ports; restrictions on port entry and
owner/operator of a registered fishing vessel shall landing or transhipment of fish; restrictions on
notify the Department in writing of any intention to supplies and services; catch and other documentation
transfer the ownership of the vessel within ten (10) requirements; port inspections; and other related
days before its intended transfer to another person. measures.
Failure of the owner to do so shall not extinguish any
existing or pending sanction or liability with respect to Transhipment by Philippine Flagged Fishing Vessels
said fishing vessel. shall be regulated by the Department in a manner
consistent with the Philippines’ commitment to
Section 10. Section 32 of the same Act is hereby conventions and international agreements."
amended, as follows:
Section 14. Section 44 of the same Act is hereby
"SEC. 32. Distant Water Fishing. – Fishing vessels of amended, as follows:
Philippine registry may engage in distant water fishing
as defined in this Code: Provided, That they comply "SEC. 44. Use of Superlight or Fishing Light Attractor.
with the safety, manning and other requirements of – The number and candle light power or intensity of
the Philippine Coast Guard, Maritime Industry superlight and fishing light attractor used in
Authority and other agencies concerned: Provided, commercial fishing vessels shall be regulated by the
however, That they secure a fishing permit, gear Department: Provided, That the use of superlight is
license and other clearances from the banned within municipal waters and bays. The use of
Department: Provided, further, That the fish caught by fishing light attractor in municipal waters shall be
such vessels shall be considered as caught in regulated by the local government units."
Philippine waters and therefore not subject to all
import duties and taxes only when the same is landed Section 15. Section 62 of the same Act is hereby
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in duly designated fish landings and fish ports in the amended, as follows:
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Philippines: Provided, furthermore, That landing ports


"SEC. 62. Trade-Related Measures. – Standards for capacity, implement the international
weights, volume, quality and other measurements for code of conduct for responsible
all fishery transactions and trade shall be set by the fisheries, and declare fishery
Department. management areas as over-exploited
in coordination with the LGUs and
All fish and fishery products for export, import and FARMCs;
domestic consumption shall meet the quality grades/
standards and labeling and information requirements (w) require performance bonds and
as determined by the Department. impose and collect reasonable fees
and charges for laboratory services,
The LGU concerned shall, by appropriate ordinance, inspection, deployment of fisheries
penalize fraudulent practices and unlawful possession observers, and catch documentation
or use of instrument of weights and measures. and validation, taking into account the
balance required between recovering
The Department may prescribe trade-related the costs of services rendered and the
measures to reduce or eliminate trade in fish and socioeconomic impact of their
fishery products derived from illegal, unregulated and imposition, upon prior consultation
unreported (IUU) fishing." with stakeholders;

Section 16. Section 65 of the same Act is hereby (x) hear and decide administrative
amended, as follows: cases before it;

"SEC. 65. Functions of the Bureau of (y) determine the appropriate levels of


Fisheries and Aquatic Resources. – As a line administrative and other sanctions,
bureau, the BFAR shall have the following particularly for serious violations, that
functions: deprive offenders of economic
benefits from their violations of the
laws, rules and regulations;
(a) prepare and implement a
Comprehensive National Fisheries
Industry Development Plan; (z) initiate the criminal prosecution of
offenses committed in violation of this
Code regardless of their situs; and
xxx
(aa) perform such other related
(r) formulate and implement rules and
functions which shall promote the
regulations for the conservation and
development, conservation,
management of straddling fish stocks,
management, protection and
highly migratory fish stocks and
utilization of fisheries and aquatic
threatened living marine resources
resources."
such as sharks, rays and ludong, inter
alia, in the Philippine Exclusive
Economic Zone, territorial sea, Section 17. Chapter VI of Republic Act No. 8550 is
archipelagic and internal waters, in hereby repealed and replaced with a new Chapter VI
coordination with LGUs and to read as follows:
integrated/municipal/city Fisheries and
Aquatic Resources Management "CHAPTER VI
Councils; PROHIBITIONS AND PENALTIES

(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
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amount indicated below, whichever is higher:


Page

(v) adopt and implement a national


plan of action to manage fishing
(1) Fifty thousand pesos (P50,000.00) to One permit from the Department or authorization
hundred thousand pesos (P100,000.00) for from the coastal state shall constitute a prima
small-scale commercial fishing; facie presumption that the person is in
violation of this provision.
(2) One hundred fifty thousand pesos
(P150,000.00) to Five hundred thousand (b) It shall be unlawful for an owner or
pesos (P500,000.00) for medium-scale operator, and the three (3) highest officers, of
commercial fishing; and a commercial fishing vessel to commit acts
that are in contravention of the terms and
(3) One million pesos (P1,000,000.00) to Five conditions stated in the fishing permit or as
million pesos (P5,000,000.00) for large-scale may be promulgated by the Department.
commercial fishing.
Upon a summary finding of administrative
Upon conviction by a court of law, the boat liability, the owner, operator, and the three (3)
captain and the three (3) highest officers of highest officers of the commercial fishing
the commercial fishing vessel shall suffer the vessel who violate this section, shall be
penalty of imprisonment of six (6) months and punished with confiscation of the catch and
confiscation of catch and gear and twice the gear and an administrative fine equivalent to
amount of the administrative fine. five (5) times the value of the catch or the
amount indicated below, whichever is higher:
(b) It shall be unlawful for any person not
listed in the registry of municipal fisherfolk to (1) Two million pesos (P2,000,000.00)
engage in any commercial fishing activity in to Nine million pesos (P9,000,000.00)
municipal waters. for small-scale commercial fishing;

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
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a fishing gear or operating a fishing vessel in


Page

the abovementioned areas without a fishing


(3) Two hundred thousand pesos and gear, and an administrative fine equivalent to five
(P200,000.00) for medium-scale commercial (5) times the value of the catch or the amount
fishing; and indicated below, whichever is higher:

(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

beyond national jurisdiction, the owner, operator, and


and with the endorsement from the concerned LGUs,
Page

the three (3) highest officers of the commercial fishing


may allow, for research, educational or scientific
vessel shall be penalized with confiscation of catch
purposes only, the use of poisonous or noxious (1) Ten thousand, pesos (P10,000.00) for
substances to catch, take or gather fish or fishery municipal fishing;
species: Provided, further, That the use of poisonous
or noxious substances to eradicate predators and (2) One hundred thousand pesos
pests in fishponds in accordance with accepted (P100,000.00) for small-scale commercial
scientific practices and without causing adverse fishing;
environmental impact in neighboring waters and
grounds shall not be construed as illegal fishing. (3) Five hundred thousand pesos
(P500,000.00) for medium scale commercial
The discovery of dynamite, other explosives and fishing; and
chemical compounds which contain combustible
elements, or noxious or poisonous substances, or (4) One million pesos (P1,000,000.00) for
equipment or device for electrofishing in any fishing large scale commercial fishing.
vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute a
Violation of this provision shall be punished with
prima facie presumption that any of these devices
imprisonment from six (6) months to two (2) years,
was used for fishing in violation of this Code.
and a fine equivalent to twice the amount of the
administrative fine and confiscation of catch and gear.
The discovery in any fishing vessel of fish caught or
killed with the use of explosives, noxious or poisonous
Section 93. Use of Fine Mesh Net. – It shall be
substances, or by electricity shall constitute a prima
unlawful to engage in fishing using nets with mesh
facie presumption that the fisherfolk, operator, boat
smaller than that which may be determined by the
official or fishworker is fishing with the use thereof.
Department: Provided, That the prohibition on the use
of fine mesh net shall not apply to the gathering of fry,
Upon a summary finding of administrative liability, any glass eels, elvers, tabios, and alamang and other
person found liable for the actual use of explosives, species that by their nature are small but already
noxious or poisonous substances shall be punished mature, as identified in the implementing rules and
with confiscation of catch including those not caught regulations by the Department.
illegally if co-mingled with those caught illegally, gear,
explosives and noxious or poisonous substances, or
The discovery of a fine mesh net in a fishing vessel
electrofishing devices and paraphernalia and gear,
shall constitute a prima facie presumption that the
and an administrative fine equivalent to five (5) times
person or fishing vessel is engaged in fishing with the
the value of the catch or the amount of fine indicated
use of fine mesh net.
below whichever is higher:
Upon a summary finding of administrative liability, the
(1) Thirty thousand pesos (P30,000.00) for
Department shall penalize the owner, operator,
municipal fishing;
captain or master fisherman in case of commercial
fishing vessel, or the municipal fisherfolk, with
(2) Three hundred thousand pesos confiscation of the catch and fishing gear, and an
(P300,000.00) for small-scale commercial administrative fine equivalent to three (3) times the
fishing; value of the catch or the value indicated below,
whichever is higher:
(3) One million five hundred thousand pesos
(P1,500,000.00) for medium scale commercial (1) Twenty thousand pesos (P20,000.00) for
fishing; and municipal fishing: Provided, That if the
municipal fisherfolk fails to pay the fine, he
(4) Three million pesos (P3,000,000.00) for shall render community service;
large scale commercial fishing.
(2) Fifty thousand pesos (P50,000.00) for
Upon conviction by a court of law, the offender shall small-scale commercial fishing;
be punished with imprisonment from five (5) to ten
(10) years, confiscation of catch, including those not (3) One hundred thousand pesos
caught illegally if co-mingled with those caught (P100,000.00) for medium-scale commercial
illegally, gear, explosives and noxious or poisonous fishing;
substances, or electrofishing devices and
paraphernalia, gear, and a fine equivalent to twice the
(4) Two hundred thousand pesos
amount of the administrative fine, without prejudice to
(P200,000.00) for large-scale commercial
the filing of separate criminal cases when the use of
fishing.
the same result to physical injury or loss of human life.
Upon conviction by a court of law, the captain or
The actual use of electrofishing devices for illegal
master fisherman in case of commercial fishing
fishing shall be punished with imprisonment of six (6)
vessel, or the municipal fisherfolk, shall be punished
months and a fine of Five thousand pesos
by imprisonment of six (6) months to two (2) years
(P5,000.00).
and a fine equivalent to twice the administrative fine,
and confiscation of catch and gear.
(b) It shall be unlawful for any person to possess
explosives, and noxious or poisonous substances for
Section 94. Fishing in Overexploited Fishery
illegal fishing.
Management Areas. – It shall be unlawful for any
person to fish in fishery management areas declared
Upon a summary finding of administrative liability, the as overexploited.
offender shall be punished with confiscation of catch,
gear, and an administrative fine equivalent to five (5)
8

Upon a summary finding of administrative liability, the


times the value of the catch or the amount indicated
Page

offender shall be punished with confiscation of catch


below whichever is higher:
and fishing gears, and an administrative fine transport, sell or export ordinary, semi-precious and
equivalent to the value indicated below: precious corals, whether raw or in processed form,
except for scientific or research purposes. It shall also
(1) Three (3) times the value of catch or be unlawful for any person, corporation or entity to
Twenty thousand pesos (P20,000.00), commit any activity that damage coral reefs.
whichever is higher, for municipal
fishing: Provided, That if the offender fails to Upon a summary finding of administrative liability, the
pay the fine, he shall render community owner/operator of the fishing vessel/s, boat captain,
service; master fisherman, and recruiter or organizer of
fishworkers shall be punished with an administrative
(2) Five (5) times the value of catch or One fine equivalent to eight (8) times the value of the
hundred thousand pesos (P100,000.00), corals gathered, possessed, commercially
whichever is higher, for small-scale transported, sold, or exported, or the amount of Five
commercial fishing; hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00), whichever is higher, and
(3) Five (5) times the value of catch or Three forfeiture of the subject corals. The offender shall also
hundred thousand pesos (P300,000.00), pay compensation for the restoration of the damaged
whichever is higher, for medium-scale corals reefs.
commercial fishing;
Upon conviction by a court of law, the boat captain,
(4) Five (5) times the value of catch or Five master fisherman, and recruiter or organizer of
hundred thousand pesos (P500,000.00), fishworkers, shall be punished by imprisonment from
whichever is higher, for large-scale ten (10) years to twenty (20) years and a fine
commercial fishing. equivalent to twice the administrative fine and
forfeiture of the subject corals.
Upon conviction by a court of law, the offender shall
be punished by imprisonment of six (6) months and The offender shall also be required to pay the cost of
one (1) day to six (6) years and fine of Five hundred restoration of the damaged coral reefs based on
thousand pesos (P500,000.00) to Five million pesos available studies and as determined by the
(P5,000,000.00), confiscation of the catch and fishing Department.
equipment used, and cancellation of fishing permit or
license. Section 97. Ban on Muro-ami, Other Methods and
Gear Destructive to Coral Reefs and Other Marine
Section 95. Use of Active Gear in Municipal Waters, Habitat. – (a) It shall be unlawful for any person,
Bays and Other Fishery Management Areas. – It shall natural or juridical, to fish with gear or method that
be unlawful to engage in fishing in municipal waters destroys coral reefs, seagrass beds, and other fishery
and in all bays as well as other fishery management marine life habitat as may be determined by the
areas using active fishing gears as defined in this Department. ‘Muro-ami’ and any of its variation, and
Code. such similar gears and methods that require diving,
other physical or mechanical acts to pound the coral
reefs and other habitat to entrap, gather or catch fish
Upon a summary finding of administrative liability, the
and other fishery species are also prohibited.
owner, operator, boat captain and master fisherman
of the vessel, or the chief executive officer in a
corporation, or the managing partner in a partnership Upon a summary finding of administrative liability, the
shall be punished with confiscation of the catch and owner, operator, boat captain, master fisherman, and
fishing gears, and a fine three (3) times the value of recruiter or organizer of fishworkers who violate this
the catch or the value indicated below, whichever is provision shall suffer the penalty of an administrative
higher: fine equivalent to five (5) times the value of the fish
caught or Two million pesos (P2,000,000.00),
whichever is higher, and confiscation of catch and
(1) Twenty thousand pesos (P20,000.00) for
gear. The fishworkers who serve as pounders shall be
municipal fishing: Provided, That if the
penalized with a fine of Twenty thousand pesos
offender fails to pay the fine, he shall render
(P20,000.00) or community service in case of failure
community service;
to pay the fine.
(2) Fifty thousand pesos (P50,000.00) for
Upon conviction by a court of law, the boat captain,
small-scale commercial fishing;
master fisherman, and recruiter or organizer of
fishworkers shall be punished with imprisonment of
(3) One hundred thousand pesos two (2) years to ten (10) years and a fine equivalent to
(P100,000.00) for medium-scale commercial twice the amount of the administrative fine.
fishing; and
(b) Except in cases allowed by law, it shall be unlawful
(4) Five hundred thousand pesos for any person, natural or juridical, to gather, possess,
(P500,000.00) for large-scale commercial commercially transport, sell or export coral sand, coral
fishing. fragments, coral rocks, silica, and any other
substances which make up any marine habitat.
Upon conviction by a court of law, the offender shall
be punished with imprisonment of two (2) years to six Upon a summary finding of administrative liability, the
(6) years and fine equivalent to twice the person or corporation who violates this provision shall
administrative fine, confiscation and forfeiture of be punished with an administrative fine of Five million
fishing gear and catch. pesos (P5,000,000.00) or five (5) times the value of
the coral rocks, sand, or silica gathered, possessed,
9

Section 96. Ban on Coral Exploitation and commercially transported, sold, or exported,


Page

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

species or Five hundred thousand pesos


(P500,000.00) to Five million pesos (P5,000,000.00), Upon conviction by a court of law, the offender shall
whichever is higher, and forfeiture of the species. be punished by imprisonment of six (6) months and
one (1) day to eight (8) years and a fine equivalent to
Upon conviction by a court of law, the offender shall twice the amount of the administrative fine, forfeiture
be punished by imprisonment of twelve (12) years and of catch and fishing equipment used, and suspension
one (1) day to twenty (20) years and a fine equivalent or revocation of license.
to twice the administrative fine, forfeiture of the
species and the cancellation of fishing permit. Section 104. Exportation of Breeders, Spawners,
Eggs or Fry. – Exportation of breeders, spawners,
(b) It shall be unlawful to fish, take, catch, gather, sell, eggs or fry as prohibited in this Code shall be
purchase, possess, transport, export, forward or ship punished under this Act: Provided, That the export of
out aquatic species listed in CITES Appendices II and hatchery-bred or captive-bred breeder, spawner, egg
III if scientific assessments show that population of or fry, may be allowed subject to the regulations to be
the species in the wild cannot remain viable under promulgated by the Department.
pressure of collection and trade: Provided, That the
taking or fishing of these species from the wild for Failure on the part of the shipping or forwarding
scientific research, or conservation breeding company from whose possession the breeders,
simultaneous with commercial breeding may be spawners, eggs, or fry are discovered or seized to
allowed. fully cooperate in the investigation conducted by
concerned government authorities on the matter shall
Upon a summary finding of administrative liability, the create a presumption that there is connivance or
Department shall penalize the offender with a fine conspiracy between the company and the shipper to
equivalent to three (3) times the value of the species violate the provisions of this section.
or Three hundred thousand pesos (P300,000.00) to
Three million pesos (P3,000,000.00), whichever is Upon a summary finding of administrative liability, the
higher, and forfeiture of the species. offender shall be punished with an administrative fine
equivalent to three (3) times the value of the breeders,
Upon conviction by a court of law, the offender shall spawners, eggs, or fry exported or One hundred
be punished by imprisonment of five (5) to eight (8) thousand pesos (P100,000.00) to Five hundred
years and a fine equivalent to twice the administrative thousand pesos (P500,000.00), whichever is higher,
fine and forfeiture of the species. confiscation of breeders, spawners, eggs or fry,
suspension or revocation of license for commercial
(c) It shall be unlawful to gather, take, possess, fishing and/or registration as exporter.
transport, or export, forward or ship out captive-bred
species that have been transplanted to the wild. Upon conviction by a court of law, the offender shall
be punished by imprisonment of eight (8) years to ten
Upon a summary finding of administrative liability, the (10) years, confiscation of breeders, spawners, eggs
offender shall be penalized with a fine equivalent to or fry, a fine equivalent to twice the amount of the
three (3) times the value of the species or Three administrative fine, revocation of the fishing license,
hundred thousand pesos (P300,000.00) to Three and/or suspension or revocation of registration as
million pesos (P3,000,000.00), whichever is higher, exporter.
and forfeiture of the species.
Section 105. Importation or Exportation of Fish or
Upon conviction by a court of law, the offender shall Fishery Species. – Any importation or exportation of
be punished by imprisonment of five (5) to eight (8) fish or fishery species in violation of this Code shall be
years, a fine equivalent to three (3) times the value of unlawful.
the species or Three million pesos (P3,000,000.00),
whichever is higher, and forfeiture of the species. Failure on the part of the shipping or forwarding
company from whose possession the fish or fishery
Should the violation be committed by a vessel species imported or exported are discovered or
manned by more than two (2) persons, the captain, seized to fully cooperate in the investigation
master, and two highest ranking officers of the vessel conducted by concerned government authorities shall
involved in the fishing or taking of such protected create a presumption that there is connivance or
marine life shall be presumed to have committed the conspiracy between the shipping company and the
prohibited act. shipper to perpetrate the aforementioned offense.

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.
Page
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

prevented from continuing with the fishing activity.


corrals/traps, fish pens or fish cages at the expense of behalf of any fishing vessel who assaults, resists,
the violator. intimidates, harasses, seriously interferes with, or
unduly obstructs or delays a fishery law enforcement
Section 112. Noncompliance with Good Aquaculture officer, authorized inspector or observer, the
Practices. – Fishery operations involving the breeding deputized fishwarden of the LGU, or any lawfully-
and farming of fish and other fishery species shall boarding government officers, in the exercise of their
comply with good aquaculture practices and the duties shall be penalized under this Code. Any person
guidelines for environmentally-sound design and who does not allow any authorized officer or an
operation for the sustainable development of the observer to exercise any of the legal duties shall be
aquaculture industry which shall be promulgated by deemed to be obstructing that officer or person.
the Department.
Upon a summary finding of administrative liability, the
Upon a summary finding of administrative liability, the offender shall be punished with cancellation of license
offender who commits any violation of the rules and or permit and an administrative fine of One million
regulations, or provisions thereof, shall be punished pesos (P1,000,000.00) for fishing vessels operating in
with an administrative fine of Ten thousand pesos Philippine waters or Two million pesos
(P10,000.00) to One hundred thousand pesos (P2,000,000.00) for fishing vessels operating beyond
(P100,000.00) per day until the violation ceases and Philippine waters.
the fines are paid.
Upon conviction by a court of law, the offender shall
Upon conviction by a court of law, the offender shall be punished with imprisonment from six (6) months to
be punished with imprisonment of three (3) years and two (2) years and a fine twice the amount of the
fine of twice the amount of the administrative fine. administrative fine and cancellation of license or
permit.
Section 113. Commercial Fishing Vessel Operators
Employing Unlicensed Fisherfolk, Fishworker or Section 116. Noncompliance with Fisheries
Crew. – (a) The owner or operator of a commercial Observer Coverage. – (a) It shall be unlawful for
fishing vessel employing unlicensed fisherfolk or Philippine distant water fishing vessel to sail without a
fishworker or crew shall, upon a summary finding of fisheries observer on board as required by RFMO
administrative liability, be fined Four thousand pesos conservation and management measures.
(P4,000.00) for each unlicensed fisherfolk or
fishworker or crew and suspension or revocation of (b) It shall be unlawful for commercial fishing vessels
license for commercial fishing. to sail without a fisheries observer in compliance with
this Code and the rules and regulations promulgated
(b) It shall likewise be unlawful for Philippine flagged by the Department.
fishing vessels engaged in distant water fishing to
employ unlicensed fisherfolk or fishworker or crew. Upon a summary finding of administrative liability, an
offender shall be punished with a fine of Five hundred
The owner and operator of the distant water fishing thousand pesos (P500,000.00) and forfeiture of the
vessel, upon a summary finding of administrative catch and gear.
liability, shall be fined Forty thousand pesos
(P40,000.00) for each unlicensed fisherfolk, Upon conviction by a court of law, the offender shall
fishworker or crew and suspension or cancellation of be punished with imprisonment of one (1) month and
license. one (1) day to six (6) months and fine of twice the
amount of the administrative fine, confiscation of
The owner and operator of the commercial fishing catch and suspension or cancellation of license.
vessel or distant water fishing vessel shall upon
conviction by a court of law, be fined with twice the Section 117. Noncompliance with Port State
amount of the administrative fine and suspension or Measures. – No foreign fishing vessel shall be
cancellation of license. allowed entry without providing at least twenty-four
(24)-hour prior notice. When a foreign fishing vessel is
Section 114. Obstruction of Defined Migration Paths. granted entry, failure to provide a catch report shall be
– It shall be unlawful for any person to obstruct any deemed unlawful. It shall likewise be unlawful for any
defined migration path of anadromous, catadromous person to fail to comply with other rules on port state
and other migratory species. measures promulgated by the Department in
coordination with port state authorities.
Upon a summary finding of administrative liability, the
offender shall be punished with an administrative fine Failure to comply with the 24-hour period may result
of One hundred fifty thousand pesos (P150,000.00) to in denial of permission to enter or use of port facilities
Five hundred thousand pesos (P500,000.00), and the vessel may be subject to onboard inspection
dismantling of the obstruction at the expense of the and/or impoundment.
offender, and the suspension or revocation of the
permit or license. Section 118. Failure to Comply with Rules and
Regulations on Conservation and Management
Upon conviction by a court of law, the offender shall Measures. – It shall be unlawful for any person to fail
be punished with imprisonment of seven (7) years to to comply with conservation and management
twelve (12) years and fine of twice the amount of the measures adopted in rules and regulations to be
administrative fine, dismantling of the obstruction at promulgated by the Department pursuant to
the expense of the offender, and the suspension or international conventions, RFMO resolutions and laws
revocation of the permit or license. of coastal states where Philippine vessels fish.
13

Section 115. Obstruction to Fishery Law Upon a summary finding of administrative liability,


Enforcement Officer. – The fishing vessel owner, violation of the rules and regulations promulgated by
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

with confiscation of catch, suspension or revocation of


the license and an administrative fine equivalent to Section 122. Falsifying,  Concealing or Tampering
twice the value of the catch or the amount indicated with Vessel Markings, Identity or Registration. – It
below, whichever is higher: shall be unlawful for any person to falsify, conceal
vessel identity or lack of registration or tamper with
(1) Ten thousand pesos (P10,000.00) for the vessel markings, identity or registration.
municipal fishing or community service in case
of failure to pay the fine; Upon a summary finding of administrative liability, the
offender shall be imposed the penalty of confiscation
(2) Two hundred fifty thousand pesos of catch and suspension or cancellation of license and
(P250,000.00) for small-scale commercial an administrative fine of:
fishing;
(1) Ten thousand pesos (P10,000.00) for
(3) Five hundred thousand pesos municipal fishing or community service in case
(P500,000.00) for medium-scale commercial of failure to pay the fine;
fishing; and
(2) One hundred thousand pesos
(4) Two million five hundred thousand pesos (P100,000.00) for small-scale commercial
(P2,500,000.00) for large-scale commercial fishing;
fishing.
(3) One million pesos (P1,000,000.00) for
In case of violation committed in waters beyond medium-scale commercial fishing; and
national jurisdiction, the administrative fine shall be
equivalent to five times the value of the catch or twice (4) Five million pesos (P5,000,000.00) for
the amount indicated above, whichever is higher. large-scale commercial fishing.

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
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Section 120. Constructing, Importing or Converting


Fishing Vessels or Gears Without Permit from the
amount of the administrative fine, confiscation of with the violation, confiscation of the shipment or
catch and suspension or cancellation of license. fishery products and suspension or revocation of
registration or license.
Section 123. Concealing, Tampering or Disposing of
Evidence Relating to an Investigation of a Violation. – Upon conviction by a court of law, the offender shall
It shall be unlawful for any person to conceal, tamper suffer the penalty of imprisonment from six (6) months
or dispose evidence relating to an investigation of a to two (2) years and a fine from One hundred
violation. thousand pesos (P100,000.00) to Four million pesos
(P4,000,000.00) depending on the seriousness,
Upon a summary finding of administratively liability, extent and volume of trade associated with the
the offender shall be punished with suspension or violation, confiscation of the shipment or fishery
cancellation of license and an administrative fine of: products and suspension or revocation of registration
or license.
(1) Ten thousand pesos (P10,000.00) for
municipal fishing or community service in case Section 126. Possessing, Dealing in or Disposing
of failure to pay the fine; Illegally Caught or Taken Fish. – It shall be unlawful
to ship, commercially transport, offer for sale, sell,
(2) One hundred thousand pesos import, export, or have custody, control, or possession
(P100,000.00) for small-scale commercial of, or to deal in or in any manner dispose of any fish
fishing; or species caught, taken or retained in violation of this
Code.
(3) One million pesos (P1,000,000.00) for
medium-scale commercial fishing; and The discovery of any fish or species caught with the
use of explosives or noxious or poisonous substances
shall constitute a prima facie presumption that the
(4) Five million pesos (P5,000,000.00) for
possessor, seller, fish dealer, transporter, importer, or
large-scale commercial fishing.
exporter thereof has knowledge that the fish or
species was caught or taken in violation of this Code.
In case of violation by distant water fishing vessels,
the administrative fine shall be twice the amount
Upon a summary finding of administrative liability, the
indicated above.
offender shall be punished with an administrative fine
of Fifty thousand pesos (P50,000.00) to Two hundred
Upon conviction by a court of law, the offender shall thousand pesos (P200,000.00) or five (5) times the
be imposed the penalty of imprisonment from five (5) value of fish or species, whichever is higher, and
years to ten (10) years and fine equivalent to twice the confiscation of the same.
administrative fine, and suspension or cancellation of
the license.
Upon conviction by a court of law, the offender shall
suffer the penalty of imprisonment from six (6) months
Section 124. Noncompliance with the Requirements to two (2) years, and fine of eight (8) times the value
for the Introduction of Foreign or Exotic Aquatic of the species or from One hundred thousand pesos
Species. – It shall be unlawful to import, introduce, or (P100,000.00) to Five hundred thousand pesos
breed, foreign or exotic aquatic species without the (P500,000.00), whichever is higher and confiscation
conduct of risk analysis and prior approval of the of the fish or fishery products and suspension or
Department. revocation of registration or license.

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

pesos (P2,000,000.00), depending on the the habituality of the offender.


seriousness, extent and volume of trade associated
Section 129. Escalation Clause. – The fines herein functions in support of the implementation of this
prescribed shall be increased by at least ten percent Code.
(10%) every three (3) years to compensate for
inflation and to maintain the deterrent function of such Section 135. Accompanying Administrative Sanctions
fines." for Serious Violations. – The Adjudication Committee
may impose the following additional sanctions to the
Section 18. A new Chapter VII on administrative administrative penalties imposed for serious
adjudication is hereby inserted after Chapter VI of violations:
Republic Act No. 8550, to read as follows:
(1) confiscation of fishing gear;
"CHAPTER VII
ADMINISTRATIVE ADJUDICATION (2) impoundment of fishing vessel;

Section 130. Administrative Adjudication. – The (3) temporary suspension or permanent


Department is hereby empowered to impose the revocation of license or permit;
administrative fines and penalties provided in this
Code. (4) temporary or permanent ban from the
availment of applicable duty and tax rebates;
For this purpose, the Department shall organize and
designate the composition of the Adjudication (5) inclusion in the IUU fishing vessel list;
Committee, which shall be composed of the bureau
director as chairperson and four (4) other members to
(6) denial of entry and other port services;
be designated by the Secretary. The Adjudication
Committee shall be supported by sufficient number of
staff to enable it to perform its mandate. (7) blacklisting; and

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.
16

or petition filed by any person or entity in the exercise


by the Department and BFAR of its regulatory Section 138. Citizen’s Suits. – For the purposes of
Page

enforcing the provisions of this Code and its


implementing rules and regulations, any citizen may research and development and capability building of
file an appropriate civil, criminal or administrative the various stakeholders including provision for
action in the proper courts/bodies against: scholarships; supplementary livelihood for poverty
alleviation; and improvement of productivity and
(a) Any person who violates or fails to comply processes of the various stakeholders. It shall be
with the provisions of this Code, and its administered by the Bureau of Fisheries and Aquaric
implementing rules and regulations; Resources as a special account in any government
financial institution.
(b) The Department or other implementing
agencies with respect to orders, rules and It shall be funded from administrative fines and
regulations issued inconsistent with this Act; penalties imposed under this Code, from the proceeds
and of the sale of forfeited fish, fishing gears,
paraphernalia and fishing vessels, and contributions
(c) Any public officer who willfully or grossly in the form of endowments, grants and donations to
neglects the performance of a duty specifically the fund, which shall be exempted from donor and
enjoined by this Code and its implementing other taxes, charges or fees imposed by the
rules and regulations; or abuses authority in government.
the performance of duty; or, in any manner
improperly performs duties under this Code The Fund shall be exclusively utilized as follows:
and its implementing rules and
regulations: Provided, however, That no suit (a) fifteen percent (15%) for the purchase,
can be filed until after fifteen (15) days notice upgrade and maintenance of vessels,
has been given the public officer and the communication and other equipment used for
alleged offender and no appropriate action the monitoring, control and surveillance of
has been taken thereon. Philippine waters and distant water fishing;

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
17

enhance the budget for: the conservation, fishermen in the form of shared facilities."
preservation, protection, management, development
Page

and regulation of the fishery and aquatic resources;


Section 20. Renumbering of the Remaining Chapters
and Sections of Republic Act No. 8550. – Sections
109 to 133 of Republic Act No. 8550 are hereby
renumbered as Sections 143 to 167
accordingly.  Chapters VII, VIII and IX of the same Act
1âwphi1

are hereby renumbered as Chapter VIII, IX and X,


respectively.

Section 21. Implementing Rules and Regulations.


– The Department of Agriculture, in consultation with
concerned government agencies and stakeholders,
shall promulgate the implementing rules and
regulations of this Act, within six (6) months from the
effectivity of this Act.

Section 22. Separability Clause. – If any portion of


this Act is declared unconstitutional or invalid, the
portions or provisions which are not affected shall
continue to be in full force and effect.

Section 23. Repealing Clause. – All laws, decrees,


executive orders and rules and regulations or parts
thereof which are inconsistent with this Act are hereby
repealed or modified accordingly.

Section 24. Effectivity. – This Act shall take effect


fifteen (15) days after its complete publication in at
least two (2) newspapers of general circulation.

18
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