Unauthorized Fishing (Section 86)

Par. 1, Section 86 (a)

(1) Any person who shall capture or gather or to cause the capture or
gathering
(2) Of fish, fry or fingerlings of any fishery species or fishery products
(3) Without license or permit from the department or LGU

Par. 2, Section 86 (a)

Any commercial fishing vessel to fish in municipal waters.

Prima Facie
Any person in possession of a fishing gear or operating a fishing vessel in a
fishing area where he has no license or permit

XPN: Fishing for daily food sustenance or for leisure which is not for commercial,
occupation or livelihood purposes may be allowed.

Persons Liable:
(1) the boat captain and
(2) the three (3) highest officers of the commercial fishing vessel

Imposable Terms of Imprisonment: six (6) months

Fine: not exceeding P100,000.00
Other Liabilities: confiscation of catch and gear and twice the amount of the
administrative fine

Administrative Fine
Small-Scale Commercial Fishing P50,000.00 to P100,000.00
Medium-Scale Commercial Fishing P150,000.00 to P500,000.00
Large-Scale Commercial Fishing P1,000,000.00 to P5,000,000.00
or five (5) times the value of the catch, whichever is higher.

Section 86 (b)
(1) Any person not listed in the registry of municipal fisherfolk
(2) To engage in any commercial fishing activity in municipal waters.

Administrative Fine: twice the value of catch or P5,000.00

Other Liabilities: Confiscation of the catch and fishing gear

Engaging in Unauthorized Fisheries Activities (Section 87)

(1) Any person who shall
(a) Exploit, occupy, produce, breed or culture fish, fry or fingerlings of any
fishery species or fishery products; or
(b) Construct and operate fish corrals, fish traps, fish pens and fish cages or
fishponds
(2) Without a license, lease or permit.

Prima Facie: Any person engaging in any of the above activities without a lease,
license or permit

Imposable Terms of Imprisonment: six (6) months

Fine: twice the amount of the administrative fine
Administrative Fine: P500,000.00 to P1,000,000.00
Other Liabilities: 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 Engaging in Distant Water Fishing

(Section 88)

Section 88 (a)
(1) Any person who fishes in the high seas, in the territorial seas, archipelagic
waters, and Exclusive Economic Zones of other states
(2) Using a Philippine flagged fishing vessel
(3) Without first securing a fishing permit from the Department and authorization
from the coastal state.

Prima Facie: Any person in possession of a fishing gear or operating a fishing

vessel in the abovementioned areas without a fishing permit from
the Department or authorization from the coastal state.

Section 88 (b)
(1) An owner or operator, and the three (3) highest officers, of a commercial
fishing vessel who shall
(2) Commit acts that are in contravention of the terms and conditions stated in the
fishing permit or as may be promulgated by the department.

Unreported Fishing (Section 89)

Any person who:

(1) engages in unreported fishing or
(2) fails to comply with the reportorial requirements in Section 38 of this Code.
 Unregulated Fishing (Section 90)

Any person who engages in unregulated fishing in waters within and beyond
national jurisdiction.

Imposable Penalties for Violations of Sections (88 to 90)

For unreported fishing within waters of national jurisdiction

Administrative Fine
Any person for Municipal P5,000.00 or Community Service if the offender
Fishing fails to pay the fine
Small-Scale Commercial
P100,000.00
Fishing
Medium-Scale
P200,000.00
Commercial Fishing
Large-Scale Commercial
P500,000.00
Fishing
or the value of the catch, whichever is higher

For unreported fishing committed in waters beyond national jurisdiction

Administrative Fine
Small-Scale Commercial
P2,000,000.00 to P9,000,000.00
Fishing
Medium-Scale Commercial
P10,000,000.00 to P15,000,000.00
Fishing
Large-Scale Commercial less than 750 P16,000,000.00 to
Fishing gross tons P20,000,000.00
750 gross tons or P25,000,000.00 to
 
more P50,000,000.00
or five (5) times the value of the catch, whichever is higher

Imposable Terms of Imprisonment: six (6) months

Fine: twice the amount of the administrative fine
Other Liabilities: Confiscation of catch and gear

Poaching in Philippine Waters (Section 91)

(1) Any foreign person, corporation or entity who

(2) Fishes or operates any fishing vessel in Philippine waters.
Prima Facie: The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie presumption that the vessel is engaged in fishing in
Philippine waters.

Administrative Fine: US$600,000.00 to US$1,000,000.00, or its equivalent in

Philippine currency
Other Liabilities: Confiscation of catch, fishing equipment and fishing vessel

Imposable Terms of
  Fine
Imprisonment
US$1,200,000.00,
If caught outside
n/a or its equivalent in
Philippine Waters
Philippine currency
six (6) months and one (1) day US$1,200,000.00,
If caught inside
to two (2) years and two (2) or its equivalent in
Philippine Waters
months Philippine currency
If caught inside US$2,400,000.00
Philippine Waters three (3) years or its equivalent in
for the second time Philippine currency

Fishing Through Explosives, Noxious or Poisonous Substance, or

Electricity (Section 92)

Section 92 (a)
(1) Any person who catches, takes or gathers or causes to be caught, taken or
gathered fish or any fishery species in Philippine waters
(2) With the use of explosives, noxious or poisonous substance such as sodium
cyanide,
(3) Which will kill, stupefy, disable or render unconscious fish or fishery species.

XPN:
(1) For research, educational or scientific purposes only, subject to such
safeguards and conditions deemed necessary and with the endorsement
from the concerned LGUs.
(2) To eradicate predators and pests in fishponds in accordance with accepted
scientific practices and without causing adverse environmental impact in
neighboring waters and grounds.

Prima Facie:
(1) The discovery of dynamite, other explosives and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or
equipment or device for electrofishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall
 constitute a prima facie presumption that any of these devices was used for
fishing in violation of this Code.
(2) The discovery in any fishing vessel of fish caught or killed with the use of
explosives, noxious or poisonous substances, or by electricity shall constitute
a prima facie presumption that the fisherfolk, operator, boat official or
fishworker is fishing with the use thereof.

Administrative Fine
Any person for Municipal Fishing P30,000.00
Small-Scale Commercial Fishing P300,000.00
Medium-Scale Commercial Fishing P1,500,000.00
Large-Scale Commercial Fishing P3,000,000.00
or five (5) times the value of the catch, whichever is higher

Imposable Terms of Imprisonment: five (5) to ten (10) years

Fine: twice the amount of the administrative fine
Other Liabilities: Confiscation of catch including those not caught illegally if co-
mingled with those caught illegally, gear, explosives and
noxious or poisonous substances, or electrofishing devices
and paraphernalia and gear

For the actual use of electrofishing devices for illegal fishing

Imposable Terms of Imprisonment: six (6) months
Fine: P5,000.00

Section 92 (b)
(1) Any person who possess explosives, and noxious or poisonous substances
(2) for illegal fishing.

Administrative Fine
Any person for Municipal Fishing P10,000.00
Small-Scale Commercial Fishing P100,000.00
Medium-Scale Commercial Fishing P500,000.00
Large-Scale Commercial Fishing P1,000,000.00
or five (5) times the value of the catch, whichever is higher

Imposable Terms of Imprisonment: six (6) months to two (2) years

Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of catch and gear

Section 88(4), IRR

(1) Dealing in, selling, or in any manner disposing of,
(2) For profit,
(3) Illegally caught/gathered fisheries species

Imposable Terms of Imprisonment: six (6) months to two (2) years

Use of Fine Mesh Net (Section 93)

(1) Any person who engages in fishing

(2) using nets with mesh smaller than that which may be determined by the
Department.

XPN: Gathering of fry, glass eels, elvers, tabios, and alamang and other species
that by their nature are small but already mature, as identified in the
implementing rules and regulations by the Department.

Prima Facie: The discovery of a fine mesh net in a fishing vessel shall constitute
a prima facie presumption that the person or fishing vessel is engaged in fishing
with the use of fine mesh net.

Administrative Fine
Any person for Municipal Fishing P20,000.00
Small-Scale Commercial Fishing P50,000.00
Medium-Scale Commercial Fishing P100,000.00
Large-Scale Commercial Fishing P200,000.00
or three (3) times the value of the catch, whichever is higher

Imposable Terms of Imprisonment: six (6) months to two (2) years

Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of catch and gear

Fishing in Overexploited Fishery Management Areas

(Section 94)

(1) Any person who fishes

(2) In fishery management areas declared as overexploited.

Administrative Fine
Three (3) times the value of catch or
Any person for Municipal Fishing
P20,000.00
Small-Scale Commercial Fishing Five (5) times the value of catch or
 P100,000.00
Five (5) times the value of catch or
Medium-Scale Commercial Fishing
P300,000.00
Five (5) times the value of catch or
Large-Scale Commercial Fishing
P500,000.00
whichever is higher

Imposable Terms of Imprisonment: six (6) months and one (1) day to six (6)
years
Fine: P500,000.00 to P5,000,000.00
Other Liabilities: confiscation of the catch and fishing equipment used, and
cancellation of fishing permit or license

Use of Active Gear in Municipal Waters, Bays and Other Fishery

Management Areas (Section 95)

(1) Any person who engages in fishing

(2) In municipal waters and in all bays as well as other fishery management areas
(3) Using active fishing gears as defined in this Code.

Administrative Fine
Any person for Municipal Fishing P20,000.00
Small-Scale Commercial Fishing P50,000.00
Medium-Scale Commercial Fishing P100,000.00
Large-Scale Commercial Fishing P500,000.00
or three (3) times the value, whichever is higher

Imposable Terms of Imprisonment: two (2) years to six (6) years

Fine: twice the administrative fine
Other Liabilities: confiscation and forfeiture of fishing gear and catch

Coral Exploitation and Exportation (Section 96)

(1) Any person or corporation who

(2) Gathers, Possesses, Commercially Transport, Sell or Export
(3) Ordinary, semi-precious and precious corals, whether raw or in processed
form, except for scientific or research purposes.
or
(1) Any person, corporation or entity who
(2) Commits any activity that damage coral reefs.
Persons Liable:
(1) Owner/operator of the fishing vessel/s,
(2) Boat captain,
(3) Master fisherman, and
(4) Recruiter or organizer of fishworkers

Administrative Fine: eight (8) times the value of the corals, or P500,000.00 to
P10,000,000.00, whichever is higher
Imposable Terms of Imprisonment: ten (10) years to twenty (20) years
Fine: twice the administrative fine
Other Liabilities: forfeiture of the subject corals. The offender shall also pay
compensation for the restoration of the damaged corals reefs.

Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat (Section 97)

Section 97(a)
(1) Any person, natural or juridical, who
(2) Fishes with gear or method that destroys coral reefs, seagrass beds, and
other fishery marine life habitat as may be determined by the department.

Punishable Acts
‘Muro-ami’ and any of its variation, and 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 and other fishery species.

Persons Liable:
(1) Owner/operator of the fishing vessel/s,
(2) Boat captain,
(3) Master fisherman, and
(4) Recruiter or organizer of fishworkers
(5) Fishworkers who serve as pounders

Administrative Fine: five (5) times the value of the fish caught, or
P2,000,000.00, whichever is higher. In case of pounders,
P20,000.00 or community service in case of failure to pay
the fine.
Imposable Terms of Imprisonment: two (2) years to ten (10) years
Fine: twice the administrative fine
Other Liabilities: confiscation of catch and gear

Section 97(b)
(1) Any person, natural or juridical, who
(2) Gathers, possesses, commercially transports, sells or exports
(3) Coral sand, coral fragments, coral rocks, silica, and any other substances
which make up any marine habitat.

XPN: cases allowed by law

Administrative Fine: P5,000,000.00, or five (5) times the value of the

substance, whichever is higher
Imposable Terms of Imprisonment: two (2) years to ten (10) years
Fine: twice the administrative fine
Other Liabilities: confiscation of catch or substances and equipment or gear
used

Illegal Use of Superlights or Fishing Light Attractor (Section 98)

(1) Any person who engages in fishing with the use of superlight in municipal
waters.
or
(2) Any person who fishes
(a) With fishing light attractor using candlelight power or intensity beyond the
standards set by the Department in consultation with the LGUs for fishing
in municipal waters, or
(b) In violation of the rules promulgated by the Department for fishing with the
use of superlight or fishing light attractor outside municipal waters.

Administrative Fine: P20,000.00 per superlight or fishing light attractor

Imposable Terms of Imprisonment: six (6) months to two (2) years
Fine: P40,000.00 per superlight or fishing light attractor
Other Liabilities: confiscation of catch, superlight or fishing light attractor and
gears

Note: In case of municipal fisherfolk, render community service in lieu of fine or

imprisonment.

Conversion of Mangroves (Section 99)

(1) Any person who

(2) Converts mangroves into fishponds or for any other purpose.

Administrative Fine: Ecological value of a hectare of mangrove based on

available studies, or P10,000,000.00 per hectare,
whichever is higher
Imposable Terms of Imprisonment: six (6) months and one (1) day to twelve
(12) years
Fine: base fine of P80,000.00, a fine equivalent to the administrative penalties
Other Liabilities: 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 and
environmental damages computed at P500,000.00 per
hectare per year until the area is restored.

Fishing During Closed Season (Section 100)

(1) Any person who

(2) Fishes during closed season.

Administrative Fine
Three (3) times the value of catch or
Any person for Municipal Fishing
P20,000.00
Five (5) times the value of catch or
Small-Scale Commercial Fishing
P100,000.00
Five (5) times the value of catch or
Medium-Scale Commercial Fishing
P300,000.00
Five (5) times the value of catch or
Large-Scale Commercial Fishing
P500,000.00
whichever is higher

Imposable Terms of Imprisonment: six (6) months and one (1) day to six (6)
years
Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of catch and gear and cancellation of license or
permit.

Fishing in Marine Protected Areas, Fishery Reserves, Refuge and

Sanctuaries (Section 101)

Any person who fishes in:

(1) Marine protected areas,
(2) Fishery reserves, refuge, or
(3) Fish sanctuaries as declared by the Department or the LGUs.

Administrative Fine
Any person for Municipal Fishing P20,000.00
Small-Scale Commercial Fishing P200,000.00
 Medium-Scale Commercial Fishing P600,000.00
Large-Scale Commercial Fishing P1,000,000.00
or twice the value of the catch, whichever is higher

Imposable Terms of Imprisonment: two (2) years to six (6) years

Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of catch and gear, and cancellation of license or
permit.

Fishing or Taking of Rare, Threatened or Endangered Species (Section 102)

Section 102(a)
(1) Any person who
(a) fishes or takes,
(b) catches,
(c) gathers,
(d) sells,
(e) purchases,
(f) possesses,
(g) transports,
(h) exports,
(i) forwards or
(j) ships out
(2) aquatic species
(a) listed in:
(i) Appendix I of the Convention on the International Trade in
Endangered Species of Wild Flora and Fauna (CITES), or
(ii) those categorized by the International Union for Conservation of
Nature and Natural Resources (IUCN) as threatened
(b) and determined by the Department as such.

Administrative Fine: five (5) times the value of the species or P500,000.00 to
P5,000,000.00, whichever is higher
Imposable Terms of Imprisonment: twelve (12) years and one (1) day to
twenty (20) years
Fine: twice the administrative fine
Other Liabilities: forfeiture of the species and the cancellation of fishing permit.

Section 102(b)
(1) Any person who
(k) fishes or takes,
(l) catches,
 (m) gathers,
(n) sells,
(o) purchases,
(p) possesses,
(q) transports,
(r) exports,
(s) forwards or
(t) ships out
(2) aquatic species listed in CITES Appendices II and III
(3) if scientific assessments show that population of the species in the wild
cannot remain viable under pressure of collection and trade.

XPN: That the taking or fishing of these species from the wild for scientific
research, or conservation breeding simultaneous with commercial
breeding may be allowed.

Administrative Fine: three (3) times the value of the species or P300,000.00 to
P3,000,000.00, whichever is higher
Imposable Terms of Imprisonment: five (5) to eight (8) years
Fine: twice the administrative fine
Other Liabilities: forfeiture of the species

Section 102(c)
(1) Any person who
(a) gathers,
(b) takes,
(c) possesses,
(d) transports,
(e) exports,
(f) forwards or
(g) ships out
(2) captive-bred species that have been transplanted to the wild.

Administrative Fine: three (3) times the value of the species or P300,000.00 to
P3,000,000.00, whichever is higher
Imposable Terms of Imprisonment: five (5) to eight (8) years
Fine: three (3) times the value of the species or P3,000,000.00, whichever is
higher
Other Liabilities: forfeiture of the species

Prima Facie (under Section 102)

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 Breeders/Spawners (Section 103)

(1) Any person who catches, gathers, captures or possesses

(2) Mature milkfish or sabalo and other breeders or spawners of other fishery
species as may be determined by the Department.

XPN: for local breeding purposes or scientific or research purposes subject to

guidelines that shall be promulgated by the Department.

Administrative Fine: five (5) times the value of the catch or P500,000.00,
whichever is higher
Imposable Terms of Imprisonment: six (6) months and one (1) day to eight (8)
years
Fine: twice the amount of the administrative fine
Other Liabilities: forfeiture of catch and fishing equipment used, and suspension
or revocation of license.

Illegal Exportation of Breeders, Spawners, Eggs or Fry (Section 104)

(1) Exportation of breeders, spawners, eggs or fry

(2) Such exportation is considered prohibited under this Code

XPN: That the export of hatchery-bred or captive-bred breeder, spawner, egg or

fry, as allowed subject to the regulations to be promulgated by the
Department.

Administrative Fine: three (3) times the value of the breeders, spawners, eggs,
or fry exported, or P100,000.00 to P500,000.00,
whichever is higher
Imposable Terms of Imprisonment: eight (8) years to ten (10) years
Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of breeders, spawners, eggs or fry and revocation
of the fishing license, and/or suspension or revocation of
registration as exporter.

Illegal Importation or Exportation of Fish or Fishery Species (Section 105)

(1) Any importation or exportation of fish or fishery species

(2) The same is in violation of this Code
Prima Facie
Failure on the part of the shipping or forwarding company from whose
possession the fish or fishery species imported or exported are discovered or
seized to fully cooperate in the investigation conducted by concerned
government authorities shall create a presumption that there is connivance or
conspiracy between the shipping company and the shipper to perpetrate the
aforementioned offense.

Administrative Fine: five (5) times the value of the species, or P300,000.00 to
P500,000.00, whichever is higher
Imposable Terms of Imprisonment: eight (8) years
Fine: twice the amount of the administrative fine
Other Liabilities: forfeiture and/or destruction of the species; and he shall be
banned from being members or stockholders of companies
currently engaged in fisheries or companies to be created in
the future, the guidelines for which shall be promulgated by
the Department.

Violation of Harvest Control Rules (Section 106)

(1) Any person to fish

(2) in violation of harvest control rules as determined by the Department.

Administrative Fine
Three (3) times the value of the catch or
Any person for Municipal Fishing
P20,000.00
Five (5) times the value of the catch or
Small-Scale Commercial Fishing
P100,000.00
Five (5) times the value of the catch or
Medium-Scale Commercial Fishing
P1,000,000.00
Five (5) times the value of the catch or
Large-Scale Commercial Fishing
P5,000,000.00
whichever is higher

Imposable Terms of Imprisonment: six (6) months and one (1) day to six (6)
years
Fine: twice the amount of the administrative fine
Other Liabilities: confiscation of catch and fishing gear, and revocation of
license

Aquatic Pollution (Section 107)

(1) Any person who introduces by himself or machine, directly or indirectly,
(2) of substances or energy to the aquatic environment
(3) which result or is likely to result in such deleterious effects as to
(a) harm living and non-living aquatic resources,
(b) pose potential and/or real hazard to human health, or
(c) hindrance to aquatic activities such as fishing and navigation.

Aquatic Pollution also includes:

(1) The dumping/disposal of waste and other marine litters
(2) The discharge of petroleum or residual products of petroleum or
carbonaceous materials/substances and other radioactive, noxious or
harmful liquid, gaseous or solid substances, from any water, land or air
transport or other human-made structure.

And acts which cause similar hazards and deleterious effects

(3) Deforestation
(4) Unsound agricultural practices such as the use of banned chemicals and
excessive use of chemicals
(5) Intensive use of artificial fish feed
(6) Wetland conversion

Administrative Fine: P300,000.00 to P500,000.00, and additional P15,000.00

per day until the violation ceases and the fines are paid
Imposable Terms of Imprisonment: six (6) years and one (1) day to twelve (12)
years
Fine: twice the amount of the administrative fine, and additional P15,000.00 per
day until the violation ceases and the fines are paid
Other Liabilities: the imposition of cease and desist order, closure or
suspension of the development, construction or facility, or
cessation of operations, or disconnection of water supply. The
order may be issued ex parte pending resolution of the case.
 Other Violations (Section 103)

Section 103 (a) Failure to Comply with Minimum Safety Standards

(1) The owner and captain of a commercial fishing vessel engaged in fishing who,
(2) upon demand by proper authorities,
(3) fails to exhibit or show proof of compliance with the safety standards provided
in this Code

Section 103 (b) Failure to Conduct a Yearly Report on all Fishponds, Fish
Pens and Fish Cages
(1) The holder of FLA
(2) Fails to render a yearly report

Section 103 (c) Gathering and Marketing of Shell Fishes

(1) any person who takes, sells, transfers, or have in possession
(2) for any purpose
(3) any shell fish which is
(a) sexually mature or
(b) below the minimum size or
(c) above the maximum quantities prescribed for the particular species.

Section 103 (d) Obstruction to Navigation or Flow and Ebb of Tide in any
Stream, River, Lake or Bay
(1) Any person who causes obstruction
(2) to navigation or flow or ebb of tide.

Section 103 (d) Construction and Operation of Fish Corrals/Traps, Fish

Pens and Fish Cages
(1) Any person who constructs and operates fish corrals/traps, fish pens and fish
cages
(2) without a license/permit.

Administrative Fine: not more than P10,000.00

Imposable Terms of Imprisonment: one (1) month and one (1) day to six (6)
months
Fine: P2,000.00 to P10,000.00
Other Liabilities: forfeiture of the proceeds of such offense and the instruments
or tools with which it was committed, unless the same is the
property of a third person not liable for the offense.

In case of subparagraph b:
(1) first offense, a fine of Five hundred pesos (P500.00) per
unreported hectare;
 (2) subsequent offenses, a fine of One thousand pesos
(1,000.00) per unreported hectare.

In case of subparagraph a, the license to operate the

commercial fishing vessel shall be suspended until the safety
standard has been complied with.