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 fisherfolk 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 electrofishing 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 CONSERVATION THE FISHERIES AND OF AND

AQUATIC RESOURCES, INTEGRATING LAWS THERETO, ALL

PERTINENT AND FOR

OTHER PURPOSES).

Principles: Nullum crimen nulla poena sine lege Tragedy of the Commons

-Sharmilah G. Suarez-

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

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

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, Section 100: IMPORTATION OR EXPORTATION OF FISH AND Pens, Cages without a permit FISHERY SPECIES Penalties: Violations export or import of fish or fisheries species in 1. Fine P2,000.00 to P10,000.00 violation of these Code 2. Imprisonment 1 month & 1 day to 6 months or FAO 195 S. 1999 Rules on Imports both FAO 210 S. 2001 Rules on Exports 3. Administrative fine not more than P10,000.00 Penalties: 4. Impoundment Sec./law enforcement agency with 1. Imprisonment 8 years; and/or assistance of PCG, PNP-MAR 2. Fine P80,000.00 3. Destruction/forfeiture of fish Section 104: EMPLOYING UNLICENSED FISHERFOLK OR 4. Banned to be members/stockholders of companies FISHWORKER engaged in fishing Violation commercial fishing vessel to employ unlicensed fisher folk Section 101: VIOLATION OF CATCH CEILINGS Penalty fine P500.00 to P1,000.00 for each unlicensed Violations: crew every month 1. To fish in violation of catch ceilings 2. Set by the Department Section 105: OBSTRUCTION OF DEFINED MIGRATION PATHS Penalties: Violation to undertake any construction that will obstruct 1. Imprisonment 6 months & 1 day to 6 years; the paths mentioned in Sec. 2 of FAO 217 of migratory and/or fishes, up to 1km. seaward and 1km. upward of mouths of 2. Fine P50,000.00 those rivers 3. Forfeiture of fish and equipment Migratory Passages: 4. Revocation of license 1. Abra River (Abra, Mt. Province, Ilocos Sur) 2. Bicol River Basin (Camarines Sur) Section 102: AQUATIC POLLUTION 3. Bisuangan Kumalarang Rivers (Zamboanga del Violations: Sur) 1. Introduction by human/machine 4. Blu-an; Lowo-el Rivers (South Cotabato) 2. Substances/energy 5. Butas River (Mindoro) 3. Result/likely to result deleterious L&NL aquatic 6. Cagayan River System (Cagayan Valley) resources 7. Calinawan Tubay Rivers (Surigao Agusan) 4. Pose/real hazard to human 8. Cotabato River Basin (Rio-Grande, Cotabato) 5. Hinders aquatic activities 9. Laoag River (Laoag, Ilocos Norte) 6. Deforestation and unsound agricultural practices 10. Pansipit River (Batangas) (Sec. 2 FAO 217) (Sec. 4 (4) RA 8550) Migratory Species fisheries species which in the course of Penalties: their life could travel from freshwater to marine water or 1. Imprisonment 6 years to 12 years; and/or vice versa due to breeding, feeding and part of life cycle 2. Fine P80,000.00 + P8,000.00/day (Sec. 1 FAO 217) 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 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