ILLEGAL FISHING

UNDER R.A. 8550

Section 86 – UNAUTHORIZED FISHING OR ENGAGING IN OTHER UNAUTHORIZED FISHERIES ACTIVITIES Violations:

1. Engage in any fishing activity without a LLP 2. Commercial fishing vessel fishing in bays or other fishery management areas

which are declared overexploited Penalties – for commercial fishing boat captain and or three (3) highest officers:

1. Fine – value of catch or P10,000.00 whichever is higher 2. Imprisonment – six (6) months 3. Confiscation of catch and gears 4. Automatic revocation of license

Violation: 1. Commercial fishing by persons not listed in the registry of municipal fisher-

folk Penalties:

1. Fine of P500.00 2. Confiscation of catch

Section 87: POACHING IN PHILIPPINES WATERS Violations:

1. To fish or operate any fishing vessel by a foreign person, corporation or entity in Philippine waters

Penalties – for commercial fishing boat captain and or three (3) highest officers: 1. Fine - $100,000.00 2. Confiscation of catch, fishing equipment and fishing vessel 3. Administrative fine - $50,000 to $200,000/ equivalent Philippine currency

Section 88: FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY Violation:

1. To fish with the use of electricity, explosives, noxious or poisonous (EENP) substances

Exceptions

Possession of explosives – prima facie evidence Penalty – imprisonment ranging from fie (5) to ten (10) years plus forfeiture of EENP, fishing vessels/equipment and catch Violations:

1. Mere possession of explosive, noxious or poisonous substances or electro-fishing devices for illegal fishing

2. dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries

Penalty – imprisonment ranging from six (6) months to two (2) years plus forfeiture of EENP, fishing vessels/equipment and catch

Section 89: USE OF FINE MESH NETS Violation – to use fine mesh nets

Exceptions: fry, glass eels, Elvers, Tabios, Alamang and other species which by nature small but already mature

Less than 3cms; FAO 155 Penalty – the Department may impose an administrative fine and/or cancel his permit or license.

PROHIBITIONS

AND

PENALTIES

ILLEGAL FISHING

covers Section 86 to

106 of Republic Act

8550 (AN ACT

PROVIDING FOR THE

DEVELOPMENT,

MANAGEMENT AND

CONSERVATION OF

THE FISHERIES AND

AQUATIC RESOURCES,

INTEGRATING ALL

LAWS PERTINENT

THERETO, AND FOR

OTHER PURPOSES).

Principles:

“Nullum crimen nulla

poena sine lege…”

“Tragedy of the

Commons”

-Sharmilah G. Suarez-

2

Section 90: USE OF ACTIVE GEAR Violations – to use of active gear in municipal waters and bays and other fishery management areas

Active fishing gear – Trawl, purse seine, Danish seine, ring net, drive in-bet, round haul seine, motorized push net, bagnet (FAO 201 S. 2000)

Penalties: 1. Owner/operator of the vessel, fine P2,000.00 to

P20,000.00 2. Confiscation and forfeiture of catch 3. Boat captain and master fisherman

Imprisonment from 2 to 6 years

Section 91: BAN ON CORAL EXPLOITATION AND EXPORTATION Violation – to gather, possess, sell or export ordinary, precious and semi-precious corals, whether raw or in processed form

Definition of ordinary, precious and semi-precious (FAO 202)

Penalties: 1. Imprisonment – 6 months to 2 years; and/or 2. Fine of P2,000 to P20,000.00 3. Forfeiture of subject corals, vessel and its proper

disposition.

Section 92: BAN ON MURO-AMI, OTHER METHODS AND GEAR DESTRUCTIVE TO CORAL REEFS AND OTHER MARINE HABITAT Violation – to fish with gear method that destroys coral reefs, seagrass bed and other fishery marine life habitat and to fish with the use of ‘muro-ami’ and any of its variation. Penalties:

1. Imprisonment from 2 to 10 years; and/or 2. Fine not less than P100,000.00-P500,000.00 3. Confiscation of substances taken

Violation – to gather, sell, or export white sand, silica, pebbles, and any other substances which make up any marine habitat Penalties:

1. Imprisonment from 2 to 10 years; and/or 2. Fine not less than P100,000.00 3. Confiscation of substances taken

Section 93: ILLEGAL USE OF SUPERLIGHTS Violation – use of superlights in fishing in municipal waters, prescribed wattage

1. Small – 20 KW per vessel 2. Medium – 36 KW per vessel 3. Large – 40 KW per vessel (FAO 204 S. 2000)

Penalties: 1. Imprisonment from 6 months to 2 years; and/or 2. Fine of P5,000.00 per superlight 3. Confiscation of superlights, fishing gears and vessels

Section 94: CONVERSION OF MANGROVES Violation – convert mangroves into fishponds or for any other purposes Penalties:

1. Imprisonment – 6 years + 1 day to 12 years; 2. Fine – P80,000.00 3. Restoration of the damage

Section 95: FISHING IN OVERFISHED AREA AND DURING CLOSED SEASON Violations – Fishing (1) in overfished area; (2) during closed season (FAO 167 – Nov 1 to March 15) Penalties:

1. Imprisonment from 6 months and 1 day to 6 years; and/or

2. Fine of P6,000.00 3. Forfeiture of catch and cancellation of

permit/license

Section 96: FISHING IN FISHERY RESERVES, REFUGE AND SANCTUARIES Violations – To fish (1) in fishery reserves; (2) refuge; and (3) sanctuaries. Penalties:

1. Imprisonment – 2 years to 6 years; and/or 2. Fine – P2,000.00 to P20,000.00; and 3. Forfeiture of catch and cancellation of permit or

license.

Section 97: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES Violations – acts (1) fish; (2) take – RTE as listed in the CITES and as determined by the Department (FAO 208) Penalties:

1. Imprisonment – 12 years to 20 years; and/or 2. Fine – P120,000.00 3. Forfeiture of catch and cancellation of permit

Section 98: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS Violation – catch Sabalo and other breeders as determined by the Department Exceptions:

1. Local breeding, 2. Scientific purposes, 3. Research purposes

Full grown bangus 60cms in length (FAO 129 S. 1980) Penalties:

1. Imprisonment – 6 months and 1 day to 8 years; and/or

2. Fine – P80,000.00 3. Forfeiture of catch and cancellation of permit

3

Section 99: EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY Violation – exporting breeders, spawners, eggs or fry Penalties:

1. Imprisonment – 8 years; and/or 2. Fine – double the value 3. Confiscation 4. Revocation of license

Section 100: IMPORTATION OR EXPORTATION OF FISH AND FISHERY SPECIES Violations – export or import of fish or fisheries species in violation of these Code

- FAO 195 S. 1999 – Rules on Imports - FAO 210 S. 2001 – Rules on Exports

Penalties: 1. Imprisonment – 8 years; and/or 2. Fine – P80,000.00 3. Destruction/forfeiture of fish 4. Banned to be members/stockholders of companies

engaged in fishing

Section 101: VIOLATION OF CATCH CEILINGS Violations:

1. To fish in violation of catch ceilings 2. Set by the Department

Penalties: 1. Imprisonment – 6 months & 1 day to 6 years;

and/or 2. Fine – P50,000.00 3. Forfeiture of fish and equipment 4. Revocation of license

Section 102: AQUATIC POLLUTION Violations:

1. Introduction by human/machine 2. Substances/energy 3. Result/likely to result deleterious L&NL aquatic

resources 4. Pose/real hazard to human 5. Hinders aquatic activities 6. Deforestation and unsound agricultural practices

(Sec. 4 (4) RA 8550) Penalties:

1. Imprisonment – 6 years to 12 years; and/or 2. Fine – P80,000.00 + P8,000.00/day

Section 103: OTHER VIOLATIONS 1. Failure to Comply with Minimum Safety Standards

Owner/captain

Fails to exhibit/show proof

Compliance to standards

Suspension of license to operate 2. Failure to Conduct a yearly Report

Fishponds, fish pens and fish cages

Cancellation of FLA, fine P500.00/hectare or P1,000.00

3. Gathering and Marketing of Shell Fishes

Sexually mature

Below minimum size

Above maximum quantities 4. Obstruction to navigation or Flow and Ebb of Tide in

Stream, River, Lake or Bay 5. Construction and Operation of Fish Corrals/ Traps,

Pens, Cages – without a permit Penalties:

1. Fine – P2,000.00 to P10,000.00 2. Imprisonment – 1 month & 1 day to 6 months or

both 3. Administrative fine – not more than P10,000.00 4. Impoundment – Sec./law enforcement agency with

assistance of PCG, PNP-MAR

Section 104: EMPLOYING UNLICENSED FISHERFOLK OR FISHWORKER Violation – commercial fishing vessel to employ unlicensed fisher folk Penalty – fine – P500.00 to P1,000.00 for each unlicensed crew every month

Section 105: OBSTRUCTION OF DEFINED MIGRATION PATHS Violation – to undertake any construction that will obstruct the paths mentioned in Sec. 2 of FAO 217 of migratory fishes, up to 1km. seaward and 1km. upward of mouths of those rivers Migratory Passages:

1. Abra River (Abra, Mt. Province, Ilocos Sur) 2. Bicol River Basin (Camarines Sur) 3. Bisuangan – Kumalarang Rivers (Zamboanga del

Sur) 4. Blu-an; Lowo-el Rivers (South Cotabato) 5. Butas River (Mindoro) 6. Cagayan River System (Cagayan Valley) 7. Calinawan – Tubay Rivers (Surigao Agusan) 8. Cotabato River Basin (Rio-Grande, Cotabato) 9. Laoag River (Laoag, Ilocos Norte) 10. Pansipit River (Batangas) (Sec. 2 FAO 217)

Migratory Species – fisheries species which in the course of their life could travel from freshwater to marine water or vice versa due to breeding, feeding and part of life cycle (Sec. 1 FAO 217)

Section 106: OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER Violations:

1. Boat owner, master or operator 2. Evades, obstructs, hinders Fishery Law Enforcement

Officer to perform his duty Penalties:

1. Fine – P10,000.00; and 2. Cancellation of license