Environmental Law Prohibited Acts (Elements) Documents needed for Prosecution Penalties

Republic Act 8550 as amended: "The Philippine Unauthorized Fishing Upon a summary finding of administrative liability,
Fisheries Code of 1998" the boat captain and the three (3) highest officers
(a) It shall be unlawful for any person to capture or of the commercial fishing vessel and the owner or
gather or to cause the capture or gathering of fish, operator who violate this provision shall be
fry or fingerlings of any fishery species or fishery penalized with confiscation of catch and gear, and
products without license or permit from the an administrative fine of five (5) times the value of
Department or LGU. the catch or the amount indicated below, whichever
is higher:
Except in cases specified under this Code, it shall
also be unlawful for any commercial fishing vessel (1) Fifty thousand pesos (P50,000.00) to One
to fish in municipal waters. hundred thousand pesos (P100,000.00) for small-
scale commercial fishing;
The discovery of any person in possession of a
fishing gear or operating a fishing vessel in a (2) One hundred fifty thousand pesos
fishing area where he has no license or permit shall (P150,000.00) to Five hundred thousand pesos
constitute & prima facie presumption that the (P500,000.00) for medium-scale commercial
person is engaged in unauthorized fishing; and
fishing: Provided, That fishing for daily food
sustenance or for leisure which is not for (3) One million pesos (P1,000,000.00) to Five
commercial, occupation or livelihood purposes million pesos (P5,000,000.00) for large-scale
may be allowed. commercial fishing.

Upon conviction by a court of law, the boat captain

and the three (3) highest officers of the commercial
fishing vessel shall suffer the penalty of
imprisonment of six (6) months and confiscation of
catch and gear and twice the amount of the
administrative fine.

Upon a summary finding of administrative liability,

(b) It shall be unlawful for any person not listed in the offender of this provision shall be punished with
the registry of municipal fisherfolk to engage in any an administrative fine equivalent to twice the value
commercial fishing activity in municipal waters. of catch or Five thousand pesos (P5,000.00),
whichever is higher, and confiscation of the catch
and fishing gear: Provided, That if the offender fails
to pay the fine, he shall render community service

Engaging in Unauthorized Fisheries Activities.

It shall be unlawful for any person to exploit, Upon a summary finding of administrative liability,
occupy, produce, breed or culture fish, fry or the offender shall be penalized with an
fingerlings of any fishery species or fishery administrative fine of Five hundred thousand pesos
products or construct and operate fish corrals, fish (P500,000.00) to One million pesos
traps, fish pens and fish cages or fishponds without (P1,000,000.00), the dismantling or removal of the
a license, lease or permit. structure at the expense of the offender, the
rehabilitation of the area affected by the activity and
The discovery of any person engaging in any of the confiscation of stocks.
above activities without a lease, license or permit
shall constitute & prima facie presumption that the Upon conviction by a court of law, the offender shall
person is engaged in unauthorized fisheries suffer the penalty of imprisonment of six (6)
activity. months, a fine equivalent to twice the amount of the
administrative fine, the dismantling or removal of
the structure at the expense of the offender, the
rehabilitation of the area affected by the activity and
confiscation of stocks.

Failure to Secure Fishing Permit Prior to Upon a summary finding of administrative liability,
Engaging in Distant Water Fishing. the owner, operator, and the three (3) highest
officers of the commercial fishing vessel who
(a) It shall be unlawful for any person to fish in the violate this section, shall be punished with
high seas, in the territorial seas, archipelagic confiscation of the catch and gear and an
waters, and Exclusive Economic Zones of other administrative fine equivalent to five (5) times the
states using a Philippine flagged fishing vessel value of the catch or the amount indicated below,
without first securing a fishing permit from the whichever is higher:
Department and authorization from the coastal
state. (1) Two million pesos (P2,000,000.00) to Nine
million pesos (P9,000,000.00) for small-scale
The discovery of any person in possession of a commercial fishing;
fishing gear or operating a fishing vessel in the
abovementioned areas without a fishing permit (2) Ten million pesos (P10,000,000.00) to Fifteen
from the Department or authorization from the million pesos (P15,000,000.00) for medium-scale
coastal state shall constitute a prima commercial fishing; and
facie presumption that the person is in violation of
this provision. (3) Sixteen million pesos (P16,000,000.00) to
Twenty million pesos (P20,000,000.00) for large-
(b) It shall be unlawful for an owner or operator, and scale commercial fishing vessels less than seven
the three (3) highest officers, of a commercial hundred fifty (750) gross tons, and Twenty-five
fishing vessel to commit acts that are in million pesos (P25,000,000.00) to Forty-five million
contravention of the terms and conditions stated in pesos (P45,000,000.00) for large-scale
the fishing permit or as may be promulgated by the commercial fishing vessels seven hundred fifty
Department. (750) gross tons or more.

Upon conviction by a court of law, the three (3)

highest officers of the commercial fishing vessel
shall suffer the penalty of imprisonment of six (6)
months and a fine equivalent to twice the amount
 of the administrative fine, and confiscation of catch
and gear.

Unreported Fishing Upon a summary finding of administrative liability,

the owner or operator of the municipal or
It shall be unlawful for any person to engage in commercial fishing vessel and the three (3) highest
unreported fishing or to fail to comply with the officers of the commercial fishing vessel who
reportorial requirements in Section 38 of this Code. commit unreported fishing within waters of national
jurisdiction shall be punished by an administrative
Sec. 38. Reportorial Requirements. - Each fine equivalent to the value of the catch or the
commercial fishing vessel shall keep a daily record amount indicated below, whichever is higher:
of fish catch and spoilage, landing points, and
quantity and value of fish caught, and off-loaded for (1) Five thousand pesos (P5,000.00) for municipal
transshipment, sale and/or other disposal. Detailed fishing: Provided, That if the offender fails to pay
information shall be duly certified by the vessel's the fine, he shall render community service;
captain and transmitted monthly to the officer or
representative of the Department, at the nearest (2) One hundred thousand pesos (P100,000.00)
designated landing point. for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00)

for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00)

for large-scale commercial fishing.

In case of unreported fishing committed in waters

beyond national jurisdiction, the owner, operator,
and the three (3) highest officers of the commercial
fishing vessel shall be penalized with an
administrative fine equivalent to five (5) times the
value of the catch or the amount indicated below,
whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine

million pesos (P9,000,000.00) for small-scale
commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen

million pesos (P15,000,000.00) for medium-scale
commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to

Twenty million pesos (P20,000,000.00) for large-
 scale commercial fishing vessels less than seven
hundred fifty (750) gross tons, and Twenty-five
million pesos (P25,000,000.00) to Forty-five million
pesos (P45,000,000.00) for large-scale
commercial fishing vessels seven hundred fifty
(750) gross tons or more.

Upon conviction by a court of law, the three (3)

highest officers of the commercial fishing vessel
shall suffer the penalty of imprisonment of six (6)
months and a fine equivalent to twice the amount
of the administrative fine, and confiscation of catch
and gear.
Unregulated Fishing Upon a summary finding of administrative liability,
the owner, operator, of the municipal or commercial
It shall be unlawful for any person to engage in fishing vessel and the three (3) highest officers of
unregulated fishing in waters within and beyond the commercial fishing vessel who commit
national jurisdiction. unregulated fishing within waters of national
jurisdiction shall be punished by confiscation of
catch and gear and an administrative fine
equivalent to the value of the catch or amount
indicated below, whichever is higher:

(1) Five thousand pesos (P5,000.00)) for municipal

fishing: Provided, That if the offender fails to pay
the fine, he shall render community service;

(2) One hundred thousand pesos (P100,000.00)

for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00)

for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00)

for large-scale commercial fishing.

In case of unregulated fishing committed in waters

beyond national jurisdiction, the owner, operator,
and the three (3) highest officers of the commercial
fishing vessel shall be penalized with confiscation
of catch and gear, and an administrative fine
equivalent to five (5) times the value of the catch or
the amount indicated below, whichever is higher:
 (1) Two million pesos (P2,000,000.00) to Nine
million pesos (P9,000,000.00) for small-scale
commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen

million pesos (P15,000,000.00) for medium-scale
commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to

Twenty million pesos (P20,000,000.00) for large-
scale commercial fishing vessels less than seven
hundred fifty (750) gross tons, and Twenty-five
million pesos (P25,000,000.00) to Forty-five million
pesos (P45;000,000.00) for large-scale commercial
fishing vessels seven hundred fifty (750) gross tons
or more.

Upon conviction by a court of law, the three (3)

highest officers of the commercial fishing vessel
shall suffer the penalty of imprisonment of six (6)
months and a fine equivalent to twice the amount
of the administrative fines, confiscation of catch
and gear.

Poaching in Philippine Waters Upon a summary finding of administrative liability,

any foreign person, corporation or entity in violation
It shall be unlawful for any foreign person, of this section shall be punished by an
corporation or entity to fish or operate any fishing administrative fine of Six hundred thousand US
vessel in Philippine waters. dollars (US$600,000.00) to One million US dollars
(US$1,000,000.00) or its equivalent in Philippine
The entry of any foreign fishing vessel in Philippine currency.
waters shall constitute a prima facie presumption
that the vessel is engaged in fishing in Philippine Upon conviction by a court of law, the offender shall
waters. be punished with a fine of One million two hundred
thousand US dollars (US$1,200,000.00), or its
equivalent in Philippine currency, and confiscation
of catch, fishing equipment and fishing vessel.

If the offender is caught within internal waters, an

additional penalty of imprisonment of six (6)
months and one (1) day to two (2) years and two
(2) months shall be imposed. If apprehended for
 the second time within internal waters, the offender
shall be punished with imprisonment of three (3)
years and a fine of Two million four hundred
thousand US dollars (US$2,400,000.00) or its
equivalent in Philippine currency: Provided, That
no foreign person shall be deported without the
payment of the imposed judicial and/or
administrative fines and service of sentence, if any.
Fishing Through Explosives Noxious or Upon a summary finding of administrative liability,
Poisonous Substance, or Electricity any person found liable for the actual use of
explosives, noxious or poisonous substances shall
(a) It shall be unlawful for any person to catch, take be punished with confiscation of catch including
or gather or cause to be caught, taken or gathered those not caught illegally if co-mingled with those
fish or any fishery species in Philippine waters with caught illegally, gear, explosives and noxious or
the use of explosives, noxious or poisonous poisonous substances, or electrofishing devices
substance such as sodium cyanide, which will kill, and paraphernalia and gear, and an administrative
stupefy, disable or render unconscious fish or fine equivalent to five (5) times the value of the
fishery species: Provided, That the Department, catch or the amount of fine indicated below
subject to such safeguards and conditions deemed whichever is higher:
necessary and with the endorsement from the
concerned LGUs, may allow, for research, (1) Thirty thousand pesos (P30,000.00) for
educational or scientific purposes only, the use of municipal fishing;
poisonous or noxious substances to catch, take or
gather fish or fishery species: Provided, (2) Three hundred thousand pesos (P300,000.00)
further, That the use of poisonous or noxious for small-scale commercial fishing;
substances to eradicate predators and pests in
fishponds in accordance with accepted scientific (3) One million five hundred thousand pesos
practices and without causing adverse
(P1,500,000.00) for medium scale commercial
environmental impact in neighboring waters and
fishing; and
grounds shall not be construed as illegal fishing.
(4) Three million pesos (P3,000,000.00) for large
The discovery of dynamite, other explosives and scale commercial fishing.
chemical compounds which contain combustible
elements, or noxious or poisonous substances, or
equipment or device for electrofishing in any fishing Upon conviction by a court of law, the offender shall
vessel or in the possession of any fisherfolk, be punished with imprisonment from five (5) to ten
operator, fishing boat official or fishworker shall (10) years, confiscation of catch, including those
constitute a prima facie presumption that any of not caught illegally if co-mingled with those caught
these devices was used for fishing in violation of illegally, gear, explosives and noxious or
this Code. poisonous substances, or electrofishing devices
and paraphernalia, gear, and a fine equivalent to
twice the amount of the administrative fine, without
The discovery in any fishing vessel of fish caught prejudice to the filing of separate criminal cases
or killed with the use of explosives, noxious or when the use of the same result to physical injury
poisonous substances, or by electricity shall
or loss of human life.
constitute a prima facie presumption that the
fisherfolk, operator, boat official or fishworker is The actual use of electrofishing devices for illegal
fishing with the use thereof. fishing shall be punished with imprisonment of six
(6) months and a fine of Five thousand pesos
(P5,000.00).

(b) It shall be unlawful for any person to possess

explosives, and noxious or poisonous substances
for illegal fishing.

Upon a summary finding of administrative liability,

the offender shall be punished with confiscation of
catch, gear, and an administrative fine equivalent
to five (5) times the value of the catch or the amount
indicated below whichever is higher:

(1) Ten thousand, pesos (P10,000.00) for

municipal fishing;

(2) One hundred thousand pesos (P100,000.00)

for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00)

for medium scale commercial fishing; and

(4) One million pesos (P1,000,000.00) for large

scale commercial fishing.

Violation of this provision shall be punished with

imprisonment from six (6) months to two (2) years,
and a fine equivalent to twice the amount of the
administrative fine and confiscation of catch and
gear.
Use of Fine Mesh Net Upon a summary finding of administrative liability,
the Department shall penalize the owner, operator,
It shall be unlawful to engage in fishing using nets captain or master fisherman in case of commercial
with mesh smaller than that which may be fishing vessel, or the municipal fisherfolk, with
determined by the Department: Provided, That the confiscation of the catch and fishing gear, and an
prohibition on the use of fine mesh net shall not administrative fine equivalent to three (3) times the
apply to the gathering of fry, glass eels, elvers, value of the catch or the value indicated below,
tabios, and alamang and other species that by their whichever is higher:
nature are small but already mature, as identified
in the implementing rules and regulations by the (1) Twenty thousand pesos (P20,000.00) for
Department. municipal fishing: Provided, That if the municipal
The discovery of a fine mesh net in a fishing vessel fisherfolk fails to pay the fine, he shall render
shall constitute a prima facie presumption that the community service;
person or fishing vessel is engaged in fishing with
the use of fine mesh net. (2) Fifty thousand pesos (P50,000.00) for small-
scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00)

for medium-scale commercial fishing;

(4) Two hundred thousand pesos (P200,000.00)

for large-scale commercial fishing.

Upon conviction by a court of law, the captain or

master fisherman in case of commercial fishing
vessel, or the municipal fisherfolk, shall be
punished by imprisonment of six (6) months to two
(2) years and a fine equivalent to twice the
administrative fine, and confiscation of catch and
gear.
Fishing in Overexploited Fishery Management Upon a summary finding of administrative liability,
Areas the offender shall be punished with confiscation of
catch and fishing gears, and an administrative fine
It shall be unlawful for any person to fish in fishery equivalent to the value indicated below:
management areas declared as overexploited.
(1) Three (3) times the value of catch or Twenty
thousand pesos (P20,000.00), whichever is higher,
for municipal fishing: Provided, That if the offender
fails to pay the fine, he shall render community
service;

(2) Five (5) times the value of catch or One hundred

thousand pesos (P100,000.00), whichever is
higher, for small-scale commercial fishing;

(3) Five (5) times the value of catch or Three

hundred thousand pesos (P300,000.00),
whichever is higher, for medium-scale commercial
fishing;

(4) Five (5) times the value of catch or Five hundred

thousand pesos (P500,000.00), whichever is
higher, for large-scale commercial fishing.
 Upon conviction by a court of law, the offender shall
be punished by imprisonment of six (6) months and
one (1) day to six (6) years and fine of Five hundred
thousand pesos (P500,000.00) to Five million
pesos (P5,000,000.00), confiscation of the catch
and fishing equipment used, and cancellation of
fishing permit or license.

Use of Active Gear in Municipal Waters, Bays Upon a summary finding of administrative liability,
and Other Fishery Management Areas. the owner, operator, boat captain and master
fisherman of the vessel, or the chief executive
It shall be unlawful to engage in fishing in officer in a corporation, or the managing partner in
municipal waters and in all bays as well as other a partnership shall be punished with confiscation of
fishery management areas using active fishing the catch and fishing gears, and a fine three (3)
gears as defined in this Code. times the value of the catch or the value indicated
below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for

municipal fishing: Provided, That if the offender
fails to pay the fine, he shall render community
service;

(2) Fifty thousand pesos (P50,000.00) for small-

scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00)

for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00)

for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall

be punished with imprisonment of two (2) years to
six (6) years and fine equivalent to twice the
administrative fine, confiscation and forfeiture of
fishing gear and catch.

Ban on Coral Exploitation and Exportation Upon a summary finding of administrative liability,
the owner/operator of the fishing vessel/s, boat
It shall be unlawful for any person or corporation captain, master fisherman, and recruiter or
to gather, possess, commercially transport, sell or organizer of fishworkers shall be punished with an
export ordinary, semi-precious and precious administrative fine equivalent to eight (8) times the
corals, whether raw or in processed form, except value of the corals gathered, possessed,
for scientific or research purposes. It shall also be commercially transported, sold, or exported, or the
unlawful for any person, corporation or entity to amount of Five hundred thousand pesos
commit any activity that damage coral reefs. (P500,000.00) to Ten million pesos
(P10,000,000.00), whichever is higher, and
forfeiture of the subject corals. The offender shall
also pay compensation for the restoration of the
damaged corals reefs.

Upon conviction by a court of law, the boat captain,

master fisherman, and recruiter or organizer of
fishworkers, shall be punished by imprisonment
from ten (10) years to twenty (20) years and a fine
equivalent to twice the administrative fine and
forfeiture of the subject corals.

The offender shall also be required to pay the cost

of restoration of the damaged coral reefs based on
available studies and as determined by the
Department.

Ban on Muro-ami, Other Methods and Gear

Destructive to Coral Reefs and Other Marine
Habitat Upon a summary finding of administrative liability,
the owner, operator, boat captain, master
(a) It shall be unlawful for any person, natural or fisherman, and recruiter or organizer of
juridical, to fish with gear or method that fishworkers who violate this provision shall suffer
destroys coral reefs, seagrass beds, and other the penalty of an administrative fine equivalent to
fishery marine life habitat as may be five (5) times the value of the fish caught or Two
determined by the Department. ‘Muro- million pesos (P2,000,000.00), whichever is
ami’ and any of its variation, and such similar higher, and confiscation of catch and gear. The
gears and methods that require diving, other fishworkers who serve as pounders shall be
physical or mechanical acts to pound the coral penalized with a fine of Twenty thousand pesos
reefs and other habitat to entrap, gather or (P20,000.00) or community service in case of
catch fish and other fishery species are also failure to pay the fine.
prohibited.
Upon conviction by a court of law, the boat captain,
master fisherman, and recruiter or organizer of
fishworkers shall be punished with imprisonment of
two (2) years to ten (10) years and a fine equivalent
to twice the amount of the administrative fine.
 Upon a summary finding of administrative liability,
the person or corporation who violates this
(b) Except in cases allowed by law, it shall be provision shall be punished with an administrative
unlawful for any person, natural or juridical, to fine of Five million pesos (P5,000,000.00) or five
gather, possess, commercially transport, sell or (5) times the value of the coral rocks, sand, or silica
export coral sand, coral fragments, coral rocks, gathered, possessed, commercially transported,
silica, and any other substances which make up sold, or exported, whichever is higher, and
any marine habitat. confiscation of the substance.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from two (2)
years to ten (10) years and a fine equivalent to
twice the administrative fine, confiscation of catch
or substances and equipment or gear used.
Illegal Use of Superlights or Fishing Light Upon a summary finding of administrative liability,
Attractor the offender shall be punished by a fine of Twenty
thousand pesos (P20,000.00) per superlight or
It shall be unlawful to engage in fishing with the use fishing light attractor, and confiscation of catch,
of superlight in municipal waters, or to fish with superlight or fishing light attractor and
fishing light attractor using candlelight power or gears: Provided, That if the offender is a municipal
intensity beyond the standards set by the fisherfolk, he may render community service in lieu
Department in consultation with the LGUs for of fine.
fishing in municipal waters, or in violation of the
rules promulgated by the Department for fishing Upon conviction by a court of law, the offender shall
with the use of superlight or fishing light attractor be punished with imprisonment from six (6) months
outside municipal waters. to two (2) years and a fine of Forty thousand pesos
(P40,000.00) per superlight or fishing light
attractor, and confiscation of catch, superlight or
fishing light attractor and gears: Provided, That if
the offender is a municipal fisherfolk, he may
render community service in lieu of fine or
imprisonment.
Conversion of Mangroves Upon a summary finding of administrative liability,
the offender shall be penalized with a fine
It shall be unlawful for any person to convert equivalent to the ecological value of a hectare of
mangroves into fishponds or for any other purpose. mangrove based on available studies or
administrative fine of Ten million pesos
(P10,000,000.00) per hectare, whichever is
higher: Provided, That if the area 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
area.

Upon conviction by a court of law, the offender shall

pay a base fine of Eighty thousand pesos
 (P80,000.00), a fine equivalent to the
administrative penalties, and shall suffer the
penalty of imprisonment of six (6) months and one
(1) day to twelve (12) years: Provided, That if the
area requires rehabilitation or restoration as
determined by the court, the offender shall also be
required to restore or pay for the restoration of the
damage. The offender shall be liable for
environmental damages computed at Five hundred
thousand pesos (P500,000.00) per hectare per
year until the area is restored.
Fishing During Closed Season Upon a summary finding of administrative liability,
the offender shall be punished with confiscation of
It shall be unlawful to fish during closed season. catch and gear and an administrative fine of:

(1) Three times the value of the catch or Twenty

thousand pesos (P20,000.00) for municipal fishing,
whichever is higher: Provided, That if the offender
fails to pay the fine, community service shall be
rendered;

(2) Five times the value of the catch or One

hundred thousand pesos (P100,000.00),
whichever is higher for small-scale commercial
fishing;

(3) Five times the value of catch or Three hundred

thousand pesos (P300,000.00), whichever is
higher for medium-scale commercial fishing; and

(4) Five times the value of catch or Five hundred

thousand pesos (P500,000.00), whichever is
higher for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall

be punished with imprisonment of six (6) months
and one (1) day to six (6) years, confiscation of
catch and gear, and fine twice the amount of the
administrative fine and cancellation of license or
permit.

Fishing in Marine Protected Areas, Fishery Upon a summary finding of administrative liability,
Reserves, Refuge and Sanctuaries. the offender shall be punished with confiscation of
catch and gear, and administrative fine of twice the
It shall be unlawful to fish in marine protected value of the catch or the amount indicated below,
areas, fishery reserves, refuge, or fish sanctuaries whichever is higher:
as declared by the Department or the LGUs.
(1) Twenty thousand pesos (P20,000.00) for
municipal fishing: Provided, That if the offender
fails to pay the fine, community service shall be
rendered;

(2) Two hundred thousand pesos (P200,000.00)

for small-scale commercial fishing;

(3) Six hundred thousand pesos (P600,000.00) for

medium-scale commercial fishing; and

(4) One million pesos (P1,000,000.00) for large-

scale commercial fishing.

Upon conviction by a court of law, violation of this

provision shall be punished by imprisonment of two
(2) years to six (6) years and a fine twice the
amount of the administrative fine, confiscation of
catch and gear, and cancellation of license or
permit.
Fishing or Taking of Rare, Threatened or
Endangered Species
Upon a summary finding of administrative liability,
(a) It shall be unlawful to fish or take, catch, gather, the Department shall penalize the offender with a
sell, purchase, possess, transport, export, forward fine equivalent to five times (5) times the value of
or ship out aquatic species listed in Appendix I of the species or Five hundred thousand pesos
the Convention on the International Trade in (P500,000.00) to Five million pesos
Endangered Species of Wild Flora and Fauna (P5,000,000.00), whichever is higher, and
(CITES), or those categorized by the International forfeiture of the species.
Union for Conservation of Nature and Natural
Resources (IUCN) as threatened and determined Upon conviction by a court of law, the offender shall
by the Department as such. be punished by imprisonment of twelve (12) years
and one (1) day to twenty (20) years and a fine
equivalent to twice the administrative fine,
forfeiture of the species and the cancellation of
fishing permit.

(b) It shall be unlawful to fish, take, catch, gather, Upon a summary finding of administrative liability,
sell, purchase, possess, transport, export, forward the Department shall penalize the offender with a
or ship out aquatic species listed in CITES fine equivalent to three (3) times the value of the
Appendices II and III if scientific assessments show species or Three hundred thousand pesos
(P300,000.00) to Three million pesos
that population of the species in the wild cannot (P3,000,000.00), whichever is higher, and
remain viable under pressure of collection and forfeiture of the species.
trade: Provided, That the taking or fishing of these
species from the wild for scientific research, or Upon conviction by a court of law, the offender shall
conservation breeding simultaneous with be punished by imprisonment of five (5) to eight (8)
commercial breeding may be allowed. years and a fine equivalent to twice the
administrative fine and forfeiture of the species.

(c) It shall be unlawful to gather, take, possess,

transport, or export, forward or ship out captive-
bred species that have been transplanted to the
wild.

Upon a summary finding of administrative liability,

the offender shall be penalized with a fine
equivalent to three (3) times the value of the
species or Three hundred thousand pesos
(P300,000.00) to Three million pesos
(P3,000,000.00), whichever is higher, and
forfeiture of the species.

Upon conviction by a court of law, the offender shall

be punished by imprisonment of five (5) to eight (8)
years, a fine equivalent to three (3) times the value
of the species or Three million pesos
(P3,000,000.00), whichever is higher, and
forfeiture of the species.

Should the violation be committed by a vessel

manned by more than two (2) persons, the captain,
master, and two highest ranking officers of the
vessel involved in the fishing or taking of such
protected marine life shall be presumed to have
committed the prohibited act.

Capture of Sabalo and Other Upon a summary finding of administrative liability,

Breeders/Spawners. an offender shall be punished with a fine equivalent
to five (5) times the value of the sabalo, other
It shall be unlawful for any person to catch, gather, breeders, or spawners gathered or captured, or
capture or possess mature milkfish or sabalo and Five hundred thousand pesos (P500,000.00),
other breeders or spawners of other fishery species whichever is higher, and forfeiture of catch and
as may be determined by the gear.
Department: Provided, That catching
of sabalo and other breeders/spawners for local
breeding purposes or scientific or research Upon conviction by a court of law, the offender shall
purposes may be allowed subject to guidelines that be punished by imprisonment of six (6) months and
shall be promulgated by the Department. one (1) day to eight (8) years and a fine equivalent
to twice the amount of the administrative fine,
forfeiture of catch and fishing equipment used, and
suspension or revocation of license.
Exportation of Breeders, Spawners, Eggs or Upon a summary finding of administrative liability,
Fry the offender shall be punished with an
administrative fine equivalent to three (3) times the
Exportation of breeders, spawners, eggs or fry as value of the breeders, spawners, eggs, or fry
prohibited in this Code shall be punished under this exported or One hundred thousand pesos
Act: Provided, That the export of hatchery-bred or (P100,000.00) to Five hundred thousand pesos
captive-bred breeder, spawner, egg or fry, may be (P500,000.00), whichever is higher, confiscation of
allowed subject to the regulations to be breeders, spawners, eggs or fry, suspension or
promulgated by the Department. revocation of license for commercial fishing and/or
registration as exporter.
Failure on the part of the shipping or forwarding
company from whose possession the breeders, Upon conviction by a court of law, the offender shall
spawners, eggs, or fry are discovered or seized to be punished by imprisonment of eight (8) years to
fully cooperate in the investigation conducted by ten (10) years, confiscation of breeders, spawners,
concerned government authorities on the matter eggs or fry, a fine equivalent to twice the amount of
shall create a presumption that there is connivance the administrative fine, revocation of the fishing
or conspiracy between the company and the license, and/or suspension or revocation of
shipper to violate the provisions of this section. registration as exporter.
Importation or Exportation of Fish or Fishery Upon a summary finding of administrative liability,
Species the offender shall be punished with an
administrative fine of five (5) times the value of the
Any importation or exportation of fish or fishery species or Three hundred thousand pesos
species in violation of this Code shall be unlawful. (P300,000.00) to Five hundred thousand pesos
(P500,000.00), whichever is higher, and forfeiture
and/or destruction of the species.
Failure on the part of the shipping or forwarding
company from whose possession the fish or fishery
species imported or exported are discovered or Upon conviction by a court of law, the offender shall
seized to fully cooperate in the investigation be punished with eight (8) years of imprisonment
conducted by concerned government authorities and fine of twice the administrative fine, forfeiture
shall create a presumption that there is connivance and/or destruction of the species: Provided, That
or conspiracy between the shipping company and offenders shall be banned from being members or
the shipper to perpetrate the aforementioned stockholders of companies currently engaged in
offense. fisheries or companies to be created in the future,
the guidelines for which shall be promulgated by
the Department.
Violation of Harvest Control Rules Upon a summary finding of administrative liability,
the offender shall be punished with confiscation of
It shall be unlawful for any person to fish in catch and fishing gear, revocation of license and an
violation of harvest control rules as determined by administrative fine of:
the Department.
(1) Three times the value of the catch or Twenty
thousand pesos (P20,000.00) for municipal fishing,
whichever is higher: Provided, That if the offender
fails to pay the fine, community service shall be
rendered;

(2) Five times the value of the catch or One

hundred thousand pesos (P100,000.00) whichever
is higher for small-scale commercial fishing;

(3) Five times the value of the catch or One million

pesos (P1,000,000.00), whichever is higher for
medium-scale commercial fishing; and

(4) Five times the value of the catch or Five 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 imprisonment of six (6) months
and one (1) day to six (6) years and a fine twice the
administrative fine, confiscation of catch and
fishing gear, and revocation of license.

Aquatic Pollution. Upon a summary finding of administrative liability,

the offender shall be punished with fine of Three
Aquatic pollution, as defined in this Code, shall be hundred thousand pesos (P300,000.00) to Five
unlawful. hundred thousand pesos (P500,000.00) and an
additional fine of Fifteen thousand pesos
Sec. 4 (4): Aquatic Pollution - the introduction by (P15,000.00) per day until the violation ceases and
human or machine, directly or indirectly, of the fines are paid, the imposition of cease and
substances or energy to the aquatic environment desist order, closure or suspension of the
which result or is likely to result in such deleterious development, construction or facility, or cessation
effects as to harm living and non-living aquatic of operations, or disconnection of water supply.
resources, pose potential and/or real hazard to
human health, hindrance to aquatic activities such The order may be issued ex parte pending
as fishing and navigation, including resolution of the case.
dumping/disposal of waste and other marine litters,
discharge of petroleum or residual products of Upon conviction by a court of law, the offender shall
petroleum or carbonaceous materials/substances, be punished with imprisonment of six (6) years and
and other, radioactive, noxious or harmful liquid, one (1) day to twelve (12) years and a fine twice
gaseous or solid substances, from any water, land the amount of the administrative fine and an
or air transport or other human-made structure. additional fine of Fifteen thousand pesos
Deforestation, unsound agricultural practices such (P15,000.00) per day until the violation ceases and
as the use of banned chemicals and excessive use the fines are paid, the imposition of cease and
of chemicals, intensive use of artificial fish feed, desist order, closure or suspension of the
and wetland conversion, which cause similar development, construction or facility, or cessation
hazards and deleterious effects shall also of operations, or disconnection of water supply.
constitute aquatic pollution. The order may be issued ex parte pending
resolution of the case.

Failure to Comply with Minimum Safety Upon a summary finding of administrative liability,
Standards the offender shall be punished with an
administrative fine of One hundred thousand pesos
The owner and captain of a commercial fishing (P100,000.00) and suspension or cancellation of
vessel engaged in fishing who, upon demand by permit or license and impoundment of the vessel
proper authorities, fails to exhibit or show proof of until the safety standard has been complied with.
compliance with the safety standards provided in
this Code shall be liable administratively and Upon conviction by a court of law, the offender shall
criminally. suffer the penalties of imprisonment from one (1)
month and one (1) day to six (6) months and a fine
Upon apprehension, the fishing vessel shall be of twice the amount of the administrative fine,
escorted to the nearest port or landing point and suspension or cancellation of permit or license and
prevented from continuing with the fishing activity. impoundment of the vessel until the safety
standard has been complied with.
Failure to Submit a Yearly Report on All Upon summary finding of administrative liability,
Fishponds, Fish Pens and Fish Cages the owner of the fishpond, fishpen or fish cage shall
be imposed a fine of Five thousand pesos
It shall be unlawful for owners and operators of (P5,000.00) per unreported hectare. In case the
fishponds, fishpens and fish cages to fail to submit fishpond is covered by FLA, nonsubmission of a
an annual report to the Department pursuant to report for two (2) consecutive years shall result to
Section 57 of this Code. its cancellation.

Sec. 57: Registration of Fish Hatcheries and Upon conviction by a court of law, the offender shall
Private Fishponds, etc. - All fish hatcheries, fish be punished with twice the amount of the
breeding facilities and private fishponds must be administrative fine.
registered with the LGUs which shall prescribe
minimum standards for such facilities in
consultation with the Department: Provided, That
the Department shall conduct a yearly inventory of
all fishponds, fish pens and fish cages whether in
public or private lands: Provided, further, That all
fishpond, fish pens and fish cage operators shall
annually report to the Department the type of
species and volume of production in areas devoted
to aquaculture.

Gathering and Marketing of Shell Fishes or Upon a summary finding of administrative liability,
Other Aquatic Species the penalty of an administrative fine equivalent to
the value of the species or Fifty thousand pesos
It shall be unlawful for any person to gather, take, (P50,000.00), whichever is higher, and
sell, transfer, possess, commercially transport, confiscation of the same, cancellation of permit or
export, forward or ship out any sexually mature license shall be imposed upon the offender.
shell fish or other aquatic species identified by the
Department, or below the minimum size, or above Upon conviction by a court of law, the offender shall
the maximum quantities prescribed for the species. be punished by imprisonment from one (1) month
Other parameters for the protection of heavily and one (1) day to six (6) months and fine
traded aquatic species may be promulgated by the equivalent to twice the amount of the administrative
Department. fine, and cancellation of the permit or license.
Obstruction to Navigation or Flow or Ebb of Upon a summary finding of administrative liability,
Tide in any Stream, River, Lake or Bay the offender shall be punished with a fine of Two
hundred thousand pesos (P200,000.00) and the
It shall be unlawful for any person to cause dismantling of the obstruction, fish corrals/traps,
obstruction to navigation or flow or ebb of tide. fish pens or fish cages at the expense of the
offender.

Upon conviction by a court of law, the offender shall

be punished with imprisonment from one (1) month
and one (1) day to six (6) months and fine of twice
the amount of the administrative fine, confiscation
of stocks and dismantling of the obstruction, fish
corrals/traps, fish pens or fish cages at the expense
of the violator.
Noncompliance with Good Aquaculture Upon a summary finding of administrative liability,
Practices the offender who commits any violation of the rules
and regulations, or provisions thereof, shall be
Fishery operations involving the breeding and punished with an administrative fine of Ten
farming of fish and other fishery species shall thousand pesos (P10,000.00) to One hundred
comply with good aquaculture practices and the thousand pesos (P100,000.00) per day until the
guidelines for environmentally-sound design and violation ceases and the fines are paid.
operation for the sustainable development of the
Upon conviction by a court of law, the offender shall
be punished with imprisonment of three (3) years
aquaculture industry which shall be promulgated and fine of twice the amount of the administrative
by the Department. fine.

Commercial Fishing Vessel Operators The owner and operator of the distant water fishing
Employing Unlicensed Fisherfolk, Fishworker vessel, upon a summary finding of administrative
or Crew liability, shall be fined Forty thousand pesos
(P40,000.00) for each unlicensed fisherfolk,
(a) The owner or operator of a commercial fishing fishworker or crew and suspension or cancellation
vessel employing unlicensed fisherfolk or of license.
fishworker or crew shall, upon a summary finding
of administrative liability, be fined Four thousand The owner and operator of the commercial fishing
pesos (P4,000.00) for each unlicensed fisherfolk or vessel or distant water fishing vessel shall upon
fishworker or crew and suspension or revocation of conviction by a court of law, be fined with twice the
license for commercial fishing. amount of the administrative fine and suspension
or cancellation of license.
(b) It shall likewise be unlawful for Philippine
flagged fishing vessels engaged in distant water
fishing to employ unlicensed fisherfolk or
fishworker or crew.

Obstruction of Defined Migration Paths Upon a summary finding of administrative liability,

the offender shall be punished with an
It shall be unlawful for any person to obstruct any administrative fine of One hundred fifty thousand
defined migration path of anadromous, pesos (P150,000.00) to Five hundred thousand
catadromous and other migratory species. pesos (P500,000.00), dismantling of the
obstruction at the expense of the offender, and the
suspension or revocation of the permit or license.

Upon conviction by a court of law, the offender shall

be punished with imprisonment of seven (7) years
to twelve (12) years and fine of twice the amount of
the administrative fine, dismantling of the
obstruction at the expense of the offender, and the
suspension or revocation of the permit or license.
Obstruction to Fishery Law Enforcement Officer Upon a summary finding of administrative liability,
violation of the rules and regulations promulgated
The fishing vessel owner, master or operator or by the Department shall be punished with
any other person acting on behalf of any fishing confiscation of catch and suspension or
vessel who assaults, resists, intimidates, harasses, cancellation of license or permit and an
seriously interferes with, or unduly obstructs or administrative fine of twice the value of the catch or
delays a fishery law enforcement officer, the amount indicated below whichever is higher:
authorized inspector or observer, the deputized
fish warden of the LGU, or any lawfully-boarding
government officers, in the exercise of their duties (1) Twenty thousand pesos (P20,000.00) for
shall be penalized under this Code. Any person municipal fishing or community service in case of
who does not allow any authorized officer or an failure to pay the fine;
observer to exercise any of the legal duties shall be
deemed to be obstructing that officer or person. (2) One million pesos (P1,000,000.00) for small-
scale commercial fishing;

(3) Two million five hundred thousand pesos

(P2,500,000.00), for medium-scale commercial
fishing; and

(4) Five million pesos (P5,000,000.00), for large-

scale commercial fishing.

Upon conviction by a court of law, the offender shall

be punished with imprisonment of six (6) months
and fine twice the amount of the administrative fine,
and confiscation of the catch and suspension or
cancellation of license.

Noncompliance with Vessel Monitoring Measures Upon a summary finding of administrative liability,
the fishing vessel owner, master or any other
No municipal, commercial or distant water fishing person acting on behalf of the vessel owner shall
vessel shall engage in fishing activity without be punished with confiscation of catch, suspension
complying with the vessel monitoring measures or revocation of the license and an administrative
promulgated by the Department in coordination fine equivalent to twice the value of the catch or the
with the LGUs: Provided, That for vessels amount indicated below, whichever is higher:
operating in Philippine waters, only the catcher
vessel shall be covered by this requirement. It shall (1) Ten thousand pesos (P10,000.00) for municipal
also be unlawful to intentionally tamper with, switch fishing or community service in case of failure to
off or disable the vessel monitoring system pay the fine;

(2) Two hundred fifty thousand pesos

(P250,000.00) for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00)

for medium-scale commercial fishing; and

(4) Two million five hundred thousand pesos

(P2,500,000.00) for large-scale commercial
fishing.
 In case of violation committed in waters beyond
national jurisdiction, the administrative fine shall be
equivalent to five times the value of the catch or
twice the amount indicated above, whichever is
higher.

Upon conviction by a court of law, the master or

any other person acting on behalf of the vessel
owner shall be punished with imprisonment of six
(6) months to two (2) years and fine twice the
amount of the administrative fine, confiscation of
catch and suspension or revocation of the license.

Constructing, Importing or Converting Fishing Upon a summary finding of administrative liability,

Vessels or Gears Without Permit from the the offender shall be imposed the penalty of an
Department. administrative fine of:

It shall be unlawful for any person to construct or (1) Fifty thousand pesos (P50,000.00) for small-
import fishing vessels or gears or to convert other scale commercial fishing;
vessels into fishing vessels without permit from the
Department. (2) Five hundred thousand pesos (P500,000.00)
for medium-scale commercial fishing; and

(3) Two million five hundred thousand pesos

(P2,500,000.00) for large-scale commercial
fishing.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from one (1)
month and one (1) day to six (6) months and fine of
twice the amount of the administrative fine.

Use of Unlicensed Gear Upon a summary finding of administrative liability,

be fined from Two hundred thousand pesos
Any person who uses a fishing gear or method for (P200,000.00) to Five hundred thousand pesos
commercial fishing without license from the (P500,000.00) per gear depending on the
Department is unlawful. seriousness of the violation. Upon conviction by a
court of law, the offender shall be imposed the
penalty of fine from Four hundred thousand pesos
(P400,000.00) to One million pesos
(P1,000,000.00) depending on the seriousness of
the violation
Falsifying, Concealing or Tampering with Upon a summary finding of administrative liability,
Vessel Markings, Identity or Registration. the offender shall be imposed the penalty of
confiscation of catch and suspension or
It shall be unlawful for any person to falsify, conceal cancellation of license and an administrative fine
vessel identity or lack of registration or tamper with of:
the vessel markings, identity or registration.
(1) Ten thousand pesos (P10,000.00) for municipal
fishing or community service in case of failure to
pay the fine;

(2) One hundred thousand pesos (P100,000.00)

for small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-

scale commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-

scale commercial fishing.

In case of violation by distant water fishing vessels,

the administrative fine shall be twice the amount
indicated above.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from two (2)
years to six (6) years and a fine equivalent to twice
the amount of the administrative fine, confiscation
of catch and suspension or cancellation of license.
Concealing, Tampering or Disposing of Upon a summary finding of administratively liability,
Evidence Relating to an Investigation of a the offender shall be punished with suspension or
Violation cancellation of license and an administrative fine
of:
It shall be unlawful for any person to conceal,
tamper or dispose evidence relating to an (1) Ten thousand pesos (P10,000.00) for municipal
investigation of a violation. fishing or community service in case of failure to
pay the fine;

(2) One hundred thousand pesos (P100,000.00)

for small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-

scale commercial fishing; and
 (4) Five million pesos (P5,000,000.00) for large-
scale commercial fishing.

In case of violation by distant water fishing vessels,

the administrative fine shall be twice the amount
indicated above.

Upon conviction by a court of law, the offender shall

be imposed the penalty of imprisonment from five
(5) years to ten (10) years and fine equivalent to
twice the administrative fine, and suspension or
cancellation of the license.
Noncompliance with the Requirements for the Upon a summary finding of administrative liability,
Introduction of Foreign or Exotic Aquatic the offender shall be punished with a fine of Two
Species hundred thousand pesos (P200,000.00) to Six
million pesos (P6,000,000.00) and confiscation
It shall be unlawful to import, introduce, or breed, and destruction of the foreign or exotic species.
foreign or exotic aquatic species without the Should the species become invasive and result to
conduct of risk analysis and prior approval of the predation of native aquatic biota, loss of income or
Department. damage to the habitat, the offender shall bear the
costs of containment, eradication and/or
restoration.

Upon conviction by a court of law the offender shall

suffer the penalty of imprisonment of six (6) years
to (12) years and fine from Four hundred thousand
pesos (P400,000.00) to Twelve million pesos
(P12,000,000.00), confiscation of foreign or exotic
species and the costs for containment, eradication
or restoration.
Failure to Comply with Standards and Trade- Upon a summary finding of administrative liability,
Related Measures the offender shall be punished with an
administrative fine of Fifty thousand pesos
It shall be unlawful for any person to fail to comply (P50,000.00) to Two million pesos
with standards for weights, volume, quality and (P2,000,000.00), depending on the seriousness,
other requirements for all fishery transactions and extent and volume of trade associated with the
trade and trade-related measures prescribed by violation, confiscation of the shipment or fishery
the Department. products and suspension or revocation of
registration or license.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from six (6)
months to two (2) years and a fine from One
hundred thousand pesos (P100,000.00) to Four
million pesos (P4,000,000.00) depending on the
 seriousness, extent and volume of trade
associated with the violation, confiscation of the
shipment or fishery products and suspension or
revocation of registration or license.

Possessing, Dealing in or Disposing Illegally Upon a summary finding of administrative liability,

Caught or Taken Fish the offender shall be punished with an
administrative fine of Fifty thousand pesos
It shall be unlawful to ship, commercially transport, (P50,000.00) to Two hundred thousand pesos
offer for sale, sell, import, export, or have custody, (P200,000.00) or five (5) times the value of fish or
control, or possession of, or to deal in or in any species, whichever is higher, and confiscation of
manner dispose of any fish or species caught, the same.
taken or retained in violation of this Code.
Upon conviction by a court of law, the offender shall
The discovery of any fish or species caught with the suffer the penalty of imprisonment from six (6)
use of explosives or noxious or poisonous months to two (2) years, and fine of eight (8) times
substances shall constitute a prima the value of the species or from One hundred
facie presumption that the possessor, seller, fish thousand pesos (P100,000.00) to Five hundred
dealer, transporter, importer, or exporter thereof thousand pesos (P500,000.00), whichever is
has knowledge that the fish or species was caught higher and confiscation of the fish or fishery
or taken in violation of this Code. products and suspension or revocation of
registration or license.

Unauthorized Disclosure of Sensitive Technical Any unauthorized disclosure of said data including
Information all other data referred to in Section 155 in this
Code, by any person shall be penalized with
Data from the vessel monitoring system or vessel imprisonment of six (6) months and one day to six
monitoring measure and other related data arising (6) years, removal from office and forfeiture of all
therefrom shall be considered as sensitive retirement benefits, where applicable.
technical information.
Other Violations Violation of administrative orders or regulations
promulgated by the Department or any provision
In addition to the prohibitions in this Code, the thereof shall subject the offender to a fine of One
Department, in consultation with the LGUs, local hundred thousand pesos (P100,000.00) to Five
FARMCs and NFARMC, shall issue fishery million pesos (P5,000,000.00), depending on the
administrative orders or regulations for the socioeconomic impact and seriousness of the
conservation, preservation, management and violation, volume and value of the fisheries product,
sustainable development of fisheries and aquatic damage to the environment due to the violation,
resources. and the habituality of the offender.

Escalation Clause. – The fines herein prescribed

shall be increased by at least ten percent (10%)
every three (3) years to compensate for inflation
and to maintain the deterrent function of such
fines."