RA 8550

(THE PHILIPPINE
FISHERIES CODE OF
1998) AS AMENDED BY
R.A. NO. 10654
Lapsed into law on February 27, 2015

Effectivity Date: March 24, 2015

IRR’s effectivity: October 10, 2015

Why combat IUU fishing?

1. Serious threat to sustainable fishing

2. Damage to marine environment

3. Affects socio-economic conditions

-creating unfair competition against

legitimate fishers
In 2001, the UN’s Food and Agriculture
Organization (FAO) thru its
Committee on Fisheries urged
all States to comply with the
International Plan of Action
to Prevent, Deter and
Eliminate IUU Fishing (IPOA-
IUU) which it crafted
to the address the issue.
In December 6, 2013, National Plan Of
Action (NPOA) was established by the
Philippines thru E.O. 154.

one of the commitments is to

review/revise RA 8550
(The Philippine Fisheries Code of
1998)
IUU Illegal fishing
fishing activities conducted
in violation of Philippine Laws
(such as the Fisheries Code, as
amended) as well as laws of other
Coastal States
(Section 4/55)
Unreported fishing
covers fishing activities not
reported or misreported
(Sec. 4/88, Sec. 89)
Unregulated fishing
fishing activities in areas under
fishery management organization
by fishing vessels without
nationality
(Sections 4/87, 90)
* Failure to secure fishing permit prior to
engaging in distant water fishing (Sec.
88)

* Unreported fishing beyond national

jurisdiction (Section 89)

* Unregulated fishing beyond national

jurisdiction
 SEC. 129. Escalation Clause
• The fines prescribed shall be increased by at least 10%
every 3 years to compensate for inflation and to maintain
the deterrent function of such fines.

• The Escalation Clause shall apply if these 2 conditions

concur:

1. The Bangko Sentral ng Pilipinas has determined that

there has been inflation in the past 3 years; and
2. The existing fines no longer serve as a deterrent as
determined by DA-BFAR following the process stated in
Rule 65.2.
 SEC.130.Administrative
Adjudication
The Department is empowered to impose the administrative fines and
penalties provided in this Code for this purpose an Adjudication
Committee shall be organized.

• The Adjudication Committee shall be supported by sufficient number of

staff to enable it to perform its mandate.

• The Committee shall promulgate rules and regulations for the conduct
of administrative adjudication and the disposition of confiscated catch,
gears, equipment and other paraphernalia. It shall also issue subpoena
duces tecum and ad testificandum in administrative cases before it.
SEC.130.Administrative Adjudication
• Composition of the Adjudication Committee
a. Director of DA-BFAR, as Chairperson, and the following 4
other members to be designated by the Secretary:

• DA-BFAR Assistant Director for Technical Services;

• DA-BFAR Assistant Director for Administrative
Services;
• Representative of the municipal fisherfolk sector in the
NFARMC; and
• Representative of the commercial fishing sector in the
NFARMC.

The NFARMC members representing the municipal

fisherfolk sector and commercial fishing sector shall
choose their respective representative to the
Adjudication Committee.
 SEC.130.Administrative Adjudication
• Support Staff:

1. Secretariat
2. Hearing Officers in the National and Regional
Offices

The Adjudication Committee shall within 3 months

from its first regular meeting promulgate rules of
procedure for the conduct of administrative
adjudication.
* Offer to Settle (Sec. 131)

* Power to Issue Cease and Desist Order and

to Summarily Evict Without the Necessity of
Judicial Order (Section 132)

* Notice of Violation and Order of Confiscation

(Sec. 133)

* Prohibition on the Issuance of TROs etc.

(Sec. 134)
 SEC. 135. Accompanying
Administrative Sanctions for Serious
Violations
• The Adjudication Committee may impose the following
additional sanctions to the administrative penalties
imposed for serious violations:

(1) confiscation of fishing gear;

(2) impoundment of fishing vessel;
(3) temporary suspension or permanent revocation of
license or permit;
(4) temporary or permanent ban from the availment
of applicable duty and tax rebates;
 SEC. 135. Accompanying
Administrative Sanctions for Serious
Violations
(5) inclusion in the IUU fishing vessel list;
(6) denial of entry and other port services;
(7) blacklisting; and
(8) increase in the amount of fines but not to exceed
5X the value of the catch. In case of repeated
violations within a five-year period, the amount of
fine may be increased up to 8X times the value of the
catch.
 Section 4 (82)
• Serious Violation – means any of the following violations
of the Code:
(a) Fishing without a valid license, authorization or permit;
(b) Fishing without reporting the catch or misreporting the
catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel markings,
identity or registration to conceal vessel identity or lack of
registration;
g) Concealing, tampering or disposing of evidence relating
to an investigation of a violation;
(h) Assaulting, resisting, intimidating, harassing, seriously
interfering with, or unduly obstructing or delaying a fisheries
law enforcer, authorized inspector or observer or other duly
authorized government officer;
(i) Intentionally tampering with or disabling the vessel
monitoring system; and
(j) Committing multiple violations which taken together
constitute a serious disregard of this Code.
Multiple violations – as provided in Item
82 (j) of Section 4 Serious Violation, refer
to the commission by an offender at any
one instance, of 3 or more violations as
defined in this Code, which are not
enumerated under (a) to (i) of Item 82 of
Section 4 [Serious Violation], resulting to
an actual damage of at least P5 Million,
which, taken together constitute a serious
disregard of the Code, and therefore
qualify as a serious violation.
* Functions of the Bureau of Fisheries
and Aquatic Resources (Section 63)

(n) initiate the criminal prosecution

of offenses committed in
violation of this Code
regardless of their situs
 SEC. 137. Community Service
In case the offender is a:
a. municipal fisherfolk or
b. has no property over which the Department
may impose the fines and penalties
prescribed for the offense

community service may be rendered in lieu

of the fine which shall be computed based
on the fine and the prevailing minimum wage
in the community, among others.
 SEC. 137. Community Service

• The Adjudication Committee may impose the alternative

penalty of community service only upon the application
of the offending municipal fisherfolk or upon the
application and proof by an offender who has no
property.

• In imposing the alternative penalty of community

service, the adjudication committee shall prioritize those
types of community service that relate to fishery or
fishery resource management and conservation.
 SEC. 137. Community Service

• Examples of Community Service

a) planting of mangroves in mangrove areas or river
embankments;
b) rendering services for a certain period to a community-
managed mangrove nursery, marine finfish hatchery or
community fish landing center;
c) capacitating the fisherfolks and their families, in the
community where the offense was committed, through
the conduct of alternative livelihood seminars, free health
programs/ medical missions, or provision of educational
materials/supplies;
 SEC. 137. Community Service
d) developing an information, education campaign material
on fishery and fishery resource management and
conservation and disseminating the same;
e) participating in or undertaking a coastal clean-up
operation; or
f) organizing other activities that will redound to the benefit
of the community where the violation was committed.
 SEC. 138. Citizen’s Suits
Any citizen may file an appropriate civil,
criminal or administrative action in the
proper courts/bodies against:

(a) Any person who violates or fails to

comply with the provisions of this Code,
and its implementing rules and regulations;

(b) The Department or other implementing

agencies with respect to orders, rules and
regulations issued inconsistent with this
Act; and
 SEC. 138. Citizen’s Suits
(c) Any public officer who willfully or grossly
neglects the performance of a duty
specifically enjoined by this Code and its
implementing rules and regulations; or
abuses authority in the performance of duty;
or, in any manner improperly performs duties
under this Code and its implementing rules
and regulations: Provided, however, That no
suit can be filed until after fifteen (15) days
notice has been given the public officer and
the alleged offender and no appropriate
action has been taken thereon.
SEC. 139. Strategic Lawsuit Against
Public Participation (SLAPP) in the
Enforcement of this Act
• Strategic Lawsuit against Public
Participation

-A legal action filed to harass, vex, exert

undue pressure, or stifle any legal
recourse that any person, institution, or the
government has taken or may take in the
enforcement of this Code
 SEC. 140. Fisheries National
Administrative Register

• Fisheries National Administrative Register

-publicly available
- contains all decisions, resolutions or
orders involving violations of this Code,
particularly serious violations committed
by Philippine flagged vessels or by
Philippine nationals and cases on
poaching or involving foreigners, including
the penalties imposed
 SEC. 142. Fisheries Management
Fund
• Fisheries Management Fund shall be funded
from:

1. administrative fines and penalties imposed under this

Code,
2. from the proceeds of the sale of forfeited fish, fishing
gears, paraphernalia and fishing vessels, and
3. contributions in the form of endowments, grants and
donations to the fund, which shall be exempted from
donor and other taxes, charges or fees imposed by the
government
 SEC. 142. Fisheries Management
Fund
• Utilized as follows:

(a) 15% for the purchase, upgrade and maintenance of

vessels, communication and other equipment used for the
monitoring, control and surveillance of Philippine waters and
distant water fishing;

(b) 5% for the payment of litigation expenses, cost of

conveyance of witnesses and other costs due to cases filed
by or against the Republic of the Philippines in international
courts arising from the implementation of this Code or where
apprehending party or parties become respondents or
defendants in any tribunal or court of law;
 SEC. 142. Fisheries Management
Fund
(c) 25% for the operating costs and capacity building of
the NFARMC, IFARMCs and C/MFARMCs and payment
for the cost of rehabilitation, medical expenses for injury,
or indemnity for death of law enforcement officers,
including deputized volunteers, distributed as follows:
5% to the NFARMC, five percent 5% to all IFARMCs, 5%
to all C/MFARMCs, and 10% to C/MFARMCs for the
apprehension and successful prosecution of a fisheries
offense;

(d) 5% for the continued upgrading of laboratory facilities

and equipment;
 SEC. 142. Fisheries Management
Fund
e) 5% for the research and development activities of the
NFRDI;
(f) 5% for the capability development of BFAR personnel,
deputized law enforcement agencies and volunteers,
and stakeholders;
(g) 10% for scholarship grants for children of fisherfolks
and fishworkers in fish catch, aquaculture, fishing and
fish processing;
(h)15% for livelihood programs for production
enhancement and poverty alleviation; and
(i) 15% for assistance to fishermen in the form of shared
facilities.
 SEC. 142. Fisheries Management
Fund
• Recipients. – Fifty percent (50%) of the
fines, penalties, and proceeds, shall be
allocated to the area where the violation
was committed.

Sec. 86 Unauthorized Fishing
Sec. 87 Engaging in Unauthorized Fisheries Activities
Sec. 88 Failure to Secure Fishing Permit prior to Engaging in Distant Water
Fishing
Sec. 89 Unreported Fishing
Sec. 90 Unregulated Fishing
Sec. 91 Poaching in Philippine Waters
Sec. 92 Fishing through Explosives, Noxious or Poisonous Substance or
Electricity
Sec. 93 Use of Fine Mesh Net
Sec. 94 Fishing in Overexploited Fishery Management Areas
Sec. 95 Use of Active Gear in Municipal Waters, Bays and Other Fishery
Management Areas
Sec. 96 Ban on Coral Exploitation and Exportation
Sec. 97 Ban on Muro-ami, Other Methods and Gears Destructive to Coral Reefs
and Other Marine Habitat
Sec. 98 Illegal Use of Superlights or Fishing Light Attractor
Sec. 99 Conversion of Mangroves
Sec. 100 Fishing During Closed Season
Sec. 101 Fishing in Marine Protected Areas, Fishery Reserves, Refuge and
Sanctuaries
Sec. 102 Fishing or taking of Rare, Threatened, or Endangered Species
Sec. 103 Capture of Sabalo and Other Breeders/ Spawners
Sec. 104 Exportation of Breeders, Spawners, Eggs or fry
Sec. 105 Importation or Exportation of Fish or Fishery Species
Sec. 106 Violation of Harvest Control Rules
Sec. 107 Aquatic Pollution
Sec. 108 Failure to Comply with Minimum Safety Standards
Sec. 109 Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish
Cages
Sec. 110 Gathering and Marketing of Shell Fishes and Other Aquatic Species
Sec. 111 Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake
or Bay
Sec. 112 Non-Compliance with Good Aquaculture Practice
Sec. 113 Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk ,
Fishworker or Crew
Sec. 114 Obstruction of Defined Migration Paths
Sec. 115 Obstruction to Fishery Law Enforcement Officer
Sec. 116 Non-Compliance with Fisheries Observer Coverage
Sec. 117 Non-Compliance with Port State Measures
Sec. 118 Failure to Comply with Rules and Regulations on Conservation and
Management Measures
Sec. 119 Non-Compliance with Vessel Monitoring Measures
Sec. 120 Constructing, Importing or Converting Fishing Vessels or Gears
without Permit from the Department
Sec. 121 Use of Unlicensed Gear
Sec. 122 Falsifying, Concealing or Tampering with Vessel Markings, Identity or
Registration
Sec. 123 Concealing, Tampering or Disposing of Evidence Relating to an
Investigation of a Violation
Sec. 124 Non-Compliance with the requirements for the Introduction of Foreign
or Exotic Aquatic Species
Sec. 125 Failure to Comply with Standards and Trade-Related Measures
Sec. 126 Possessing, Dealing in or Disposing Illegally Caught or Taken Fish
Sec. 127 Unauthorized Disclosure of Sensitive Technical Information
Sec. 128 Other Violations
NEW OFFENSES
 PROHIBITION PENALTIES
SECTION 87-

ENGAGING IN UNAUTHORIZED Administrative liability:

FISHERIES ACTIVITIES

It shall be unlawful for any

person to exploit, occupy, •Fine- Php 500,000.00 to
produce, breed or 1M
culture fish, fry, or fingerlings of •Dismantling or removal of
any fishery species or fishery the structure at the
products or construct and expense of the offender
operate fish corrals, fish traps, •Rehabilitation of the area
fish pens, and fish cages, or affected by the activity
fishponds without a license, lease and confiscation of stocks
or permit.
PENALTIES
Criminal liability:
•Imprisonment- 6 months
•Fine- twice the amount of the
administrative fine
•Dismantling or removal of the
structure at the expense of the
offender
•Rehabilitation of the area affected
by the activity and confiscation of
stocks
 PROHIBITION
Sec. 88

FAILURE TO SECURE FISHING * Distant water

PERMIT PRIOR TO ENGAGING IN fishing- means
*DISTANT WATER FISHING fishing in the high
seas or in waters of
other states.
1. It shall be unlawful for any person
to fish in the high seas, in the
territorial seas, archipelagic waters
and Exclusive Economic Zone of other
states using a Philippine flagged
fishing vessel without first securing a
fishing permit from the DA and
authorization from the coastal state.
PENALTIES
Administrative liability:
•Persons liable – owner, operator, and the
3 highest officers of the cfv.
•Confiscation of catch and gear
•Fine- 5 times the value the value of the
catch or the amount indicated below
whichever is higher:
PENALTIES
1.Php 2M to Php 9M for small-scale
commercial fishing

2. Php 10M to Php 15M for medium scale

commercial fishing

3.Php 16M to Php 20M for large scale

commercial fishing less than 750 G.T

4. Php 25M to Php 45M for large scale

commercial fishing 750 GT or more
 PENALTIES
Criminal liability:
•Persons liable – 3 highest officers of
the cfv
•Imprisonment – 6 months
•Fine – twice the amount of
administrative fine
•Confiscation of catch and gear
 PROHIBITION
Sec. 89
Sec. 38 Reportorial Requirements
UNREPORTED FISHING •Each commercial fishing vessel
shall keep a daily record of fish
It shall be unlawful for catch and spoilage (logbook),
any person to engage in landing points, and quantity and
unreported fishing value of fish caught and off-
loaded for trans-shipment, sale,
or fail to comply with the and other disposal. Detailed
reportorial requirements information shall be duly
in section 38 of RA 10654. certified by the vessel’s captain
and transmitted to BFAR.
 2 Types of Unreported Fishing:
1. within waters of national
jurisdiction
2. in waters beyond national
jurisdiction
 PENALTIES
Administrative liability:
Persons liable – owner or operator (for cfv
& municipal), 3 highest officers
Fine – equivalent to the value of the catch
or the amount indicated below whichever
is higher:
1.Php 5,000.00 for municipal fishing or
community service if the offender fails to
pay the fine.
2.Php 100,000.00 for small scale
commercial fishing
3. Php 200,000.00 for medium scale
commercial fishing
4. Php 500,000.00 for large scale
commercial fishing
 PENALTIES
In case the unreported fishing committed
in waters beyond national jurisdiction:
Administrative liability:
Persons liable – owner, operator, and 3
highest officers of the cfv
Fine – equivalent to 5 times the value of
the catch or the amount indicated below,
whichever is higher :
1.Php 2M to Php 9M for small scale fishing vessel
2. Php 10M to Php 15M for medium scale
commercial fishing
3. Php 16M to Php 20M for large scale cf (less than
750 GT)
4. Php 25M to Php 45M for large scale cf (more than
750 GT)
 PENALTIES
Criminal liability:
•Persons liable – 3 highest officers of the
cfv
•Imprisonment – 6 months
•Fine – twice the amount of the
administrative fine
•Confiscation of catch and gear
 PROHIBITION
SECTION 90.
UNREGULATED FISHING
Fishing activities conducted by:
1.Vessels without nationality but
operated by Filipino and/or
Filipino corporation
(unregistered);
2.Philippine-flagged fishing
vessels operating in areas
managed by the RFMOs to which
the Philippines is not a party to ;
3. Philippine flagged fishing
vessels operating in areas or fish
stocks where there are no
applicable conservation and
management measures.
PENALTIES
Administrative liability:
•Persons liability – owner,
operator of the cfv or municipal
fv, and 3 highest officers of the
cfv.
•Confiscation of catch and
gear
•Fine – equivalent to the
value of the catch or
amount indicated below,
whichever is higher:
 PENALTIES

1.Php 5,000.00 for

municipal fishing or
community service if
offender fails to pay the
fine.
2. Php 100,000.00 for small
scale commercial fishing
3. Php 200,000.00 for
medium scale commercial
fishing;
4. Php 500,000.00 for large
scale commercial fishing.
 PENALTIES
IN CASE UNREGULATED FISHING IS
COMMITTED IN WATERS BEYOND
NATIONAL JURISDICTION
Persons liable – owner, operator and 3
highest officers of cfv

Administrative liability:
•Confiscation of catch and gear
•Fine – 5 times the value of the catch or
the amount indicated below, whichever is
higher:
1. Php 2M to Php 9M for small scale cfv
 PENALTIES
2. Php 10M to Php 15M for
medium scale cf

3. Php 16M to Php 20M for

large scale cf (less than 750
GT)

4. Php 25M to Php 45M for

large scale cf (more than 70
GT)
 PENALTIES
Criminal liability:
•Persons liable – 3
highest officers of
the cfv

•Imprisonment – 6
months

•Fine – twice the

amount of the
administrative fine

•Confiscation of catch and

gear
SEC. 106. Violation of Harvest Control
Rules
 PROHIBITIONS

Sec. 116
NON COMPLIANCE WITH FISHERIES OBSERVER
COVERAGE

Sec. 117
NON COMPLIANCE WITH PORT STATE MEASURES

Sec. 118
FAILURE TO COMPLY WITH RULES AND
REGULATIONS ON CONSERVATION AND
MANAGEMENT MEASURES
SEC. 119. Noncompliance with Vessel
Monitoring Measures

Unlawful for any municipal, commercial or

distant water fishing vessel to fish without
complying with the vessel monitoring
measures promulgated by the Department
in coordination with the LGUs.

Unlawful to intentionally tamper with,

switch off or disable the vessel monitoring
system
SEC. 119. Noncompliance with Vessel
Monitoring Measures

• For vessels operating in Philippine waters, only the catcher

vessel shall be covered by the VMM requirement

• Scope of VMM

1. All licensed Philippine flagged commercial catcher and

carrier vessels operating outside Philippine waters shall be
installed with a two-way ALC.

2. For catcher vessels operating in Philippine waters, the

application of VMM shall be determined in consultation with
the stakeholders, following the process stated in Rule 65.2.
SEC. 119. Noncompliance with Vessel
Monitoring Measures
Vessel Tonnage Schedule of Implementation from
effectivity of IRR
Above 200 GT Within 6 months

150 to 200 GT Within 1 year

100 GT to 149 GT Within 2 years

50 to 99 GT Within 3 years

30 to 49 GT Within 4 years

• within one (1) year from the effectivity of this IRR, the DA-BFAR shall
determine the appropriate VMM technology and the corresponding schedule to
cover the vessels not included in the above schedule, upon consultation with
stakeholders, following the process stated in Rule 65.2.
SEC. 119. Noncompliance with Vessel
Monitoring Measures
 PROHIBITION
Sec. 121
USE OF UNLICENSED
GEAR
It shall be unlawful for any
person to use a fishing gear
or method for commercial
fishing without license .
PENALTIES
Administrative liability:
•Fine – Php 200,000.00 to
Php 500,000.00 per gear
depending on the
seriousness of the
violation
Criminal liability:
•Fine – Php 400,000.00 to
Php 1M depending on the
seriousness of the
violation
 PROHIBITION
Sec. 122
FALSIFYING, CONCEALING, OR
TAMPERING WITH VESSEL
MARKINGS, IDENTITY OR
REGISTRATION
It shall be unlawful for any person
to falsify , conceal vessel identity,
or lack of registration or tamper
with the vessel markings, identity
or registration.
PENALTIES
Administration liability:
•Confiscation of catch
•Suspension or cancellation
of license
•Fine of :
1.Php 10,000.00 for municipal
fishing or community service
in lieu of fine.
2.Php 100,000.00 for small
scale commercial fishing
3. Php 1M for medium scale
commercial fishing
4. Php 5M for large scale
commercial fishing
 PENALTIES

In case of violation by distant water

fishing vessels, the administrative fine
shall be twice the amount indicated
above.

Criminal liability:
•Imprisonment – 2 years to 6 years
•Fine – twice the amount of the
administrative fine
•Suspension or cancellation of the
license
 PROHIBITIONS
Sec. 123
CONCEALING, TAMPERING OR DISPOSING OF EVIDENCE
RELATING TO AN INVESTIGATION OF A VIOLATION

Sec. 124
NON COMPLIANCE WITH THE REQUIREMENTS FOR THE
INTRODUCTION OF FOREIGN OR EXOTIC AQUATIC SPECIES

Sec. 125

FAILURE TO COMPLY WITH STANDARDS AND TRADE-

RELATED MEASURES
PROHIBITION PENALTIES

Sec. 126
POSSESSING, DEALING IN Administrative liability:
OR DISPOSING ILLEGALLY
CAUGHT OR TAKEN FISH •Fine – Php 50,000.00 to
Php 200,000.00 or 5 times
the value of fish or
It shall be unlawful to ship, species, whichever is
commercially transport, offer for higher
sale, sell, import, export, or have
custody or control , or possession of ,
or deal in or in any manner dispose •Confiscation of the fish
of any fish or species caught or or species
taken in violation of the fishery
laws
 PENALTIES

Criminal liability:

•Imprisonment – 6 months to 2 years

•Fine – 8 times the value of the species

or from Php 100,000.00 to Php 500,000.00,
whichever is higher

•Confiscation of fish or fishery products

•Suspension or revocation of
registration or license
 PROHIBITIONS PENALTIES

Sec. 127
Criminal liability:
Unauthorized Disclosure of
Sensitive Technical •Imprisonment – 6 mos.
Information And 1 day to six years

* Removal from office

* Forfeiture of all
retirement benefits,
when applicable
SEC. 127. Unauthorized Disclosure of
Sensitive Technical Information
• The following instances are authorized disclosure,
provided, the affected party is informed of such
disclosure:

1. When officially requested by a government agency to be

used as evidence for the prosecution of fishery or other
offenses;
2. When requested by the flag, coastal or port state for its
own investigation or traceability; and
3. Other analogous circumstances.
 SEC. 128. Other Violations
In addition to the prohibitions in this Code, the
Department, in consultation with the LGUs, local
FARMCs and NFARMC, shall issue fishery
administrative orders or regulations for the
conservation, preservation, management and
sustainable development of fisheries and
aquatic resources.

The DA-BFAR shall observe the process stated

in Rule 65.2, on the promulgation of new rules
and regulations.
 SEC. 128. Other Violations
Persons Liable
• Penalties
• Persons who violated
Administrative Orders or
regulations promulgated by the
Department
Administrative
• Fine- P100K to P5M depending
on the socioeconomic impact and
seriousness of the violation,
volume and value of the fisheries
product, damage to the
environment due to the violation,
and the habituality of the offender
AMENDED OFFENSES
SECTION 86.
UNAUTHORIZED FISHING
1.It shall be unlawful for any
person to capture or gather or
to cause the capture or Criminal liability:
gathering of fish, fry or •Imprisonment- 6
fingerlings of any fishery months
species or products without a •Fine- twice the
license or permit from the amount of the
Department or LGU. administrative fine
•Confiscation of catch
(Commercial fishing- BFAR) and gear
(Municipal fishing – LGU)
 PENALTIES
Administrative Liability :
•Persons liable - boat captain,
master fisherman, marine diesel
mechanic, owner/operator.
1.Confiscation of catch and gear
2.Fine - 5 times the value of the catch
or the amount indicated below,
whichever is higher:
• Confiscation of Catch and Gear
• Fine 5x the value of the catch or
fine whichever is higher:
Small Scale- P50K to P100K
Medium Scale-P150k to P500K
Large Scale-P1M to P5M
PROHIBITION PENALTIES

Administrative liability:
2.It shall be unlawful
•Fine equivalent to twice
for any person not the value of catch or Php
listed in the registry of 5,000.00, whichever is
municipal fisherfolk to higher.
engage in commercial •Confiscation of catch
fishing in municipal and fishing gear.
waters.
•Community service if the
offender fails to pay the
fine.
 PROHIBITION
Sec. 91
POACHING IN
PHILIPPINE WATERS
It shall be unlawful for any
foreign person, corporation
or entity to fish or operate
any fishing vessel in
Philippine waters.
PENALTIES
Administrative liability:
•Fine – US$ 600,000.00 to
US$ 1M , or its equivalent
in Philippine currency
Criminal liability:
Fine – US$ 1.2M or its
equivalent in Philippine
currency;
Confiscation of catch,
fishing equipment and
fishing vessel.
 PENALTIES
If caught within internal waters:
Imprisonment – 6 months and 1 day
to 2 years and 2 months.
If apprehended the second time- 3
yrs. Imprisonment and fine of US$
2.4 M or its peso equivalent

No foreign person shall be deported

without payment of the imposed
judicial and administrative fines
and service of sentence.
SECTION 92
FISHING THROUGH
EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCE,
AND/OR
ELECTRICITY
 PROHIBITION PENALTIES
1. It shall be unlawful for Administrative liability:
any person to catch,
take or gather or •Confiscation of catch
cause to be caught, including those not caught
taken or gathered fish illegally if co-mingled with
or fishery species in those caught illegally;
Philippine waters with - explosives and noxious or
the use of explosives, poisonous
noxious or poisonous substances, electro-fishing
substance which will device or paraphernalia
kill, stupefy, disable or and gear
render unconscious
fish or fishery species.
 PENALTIES

Exception: Fine – five times the value of the

catch or the amount of fine
1.Purely research, indicated below, whichever is
higher:
educational or scientific
purposes. 1.Php 30,000.00 for municipal
fishing
2.To eradicate predators
and pests in fishponds in 2.Php 300,000.00 for small scale
commercial fishing
accordance with adopted
scientific practices 3.Php 1.5M for medium scale
without causing adverse commercial fishing
environmental impact in
neighboring waters and 4. Php 3M for large scale cfv
ground
.
 PENALTIES

Criminal liability:

•Imprisonment – 5 to 10 yrs.

•Confiscation of catch including those

not caught illegally if co-mingled with
those caught illegally,
gear, explosives and noxious or
poisonous substance, or electrofishing
devices and paraphernalia.
 PENALTIES

Fine – twice the amount of the

administrative fine (without
prejudice to the filing of separate
criminal cases when the use of the
same result to physical injury or loss
of human life).

The actual use of electro-fishing

devices for illegal fishing.
Imprisonment – 6 months
Fine – Php 5,000.00
PROHIBITION PENALTIES
Section 93-Use of Fine
Mesh Nets

Unlawful to engage in * Fine of P 2,000 to P 20,000

fishing using nets with or imprisonment from six (6)
mesh smaller than that months to two (2) years or
which may be fixed by both such fine and
the Department imprisonment at the
Exception: discretion of the court
The use of fine mesh net
in gathering of fry, glass
eels, elvers, tabios, and
alamang and such
species which by their
nature are small but
already mature.
 PENALTIES
Administrative liability:
•Persons liable – owner, operator, captain,
master fisherman, or municipal fisherfolk
•Confiscation of the catch and fishing gear
•Fine – three times the value of the catch or the
value indicated below, whichever is higher:

1.Php 20,000.00 for municipal fishing or

community service if he fails to pay the fine
2. Php 50,000.00 for small scale cf
3. Php 100,000.00 for medium scale cf
4. Php 200,000.00 for large scale cf
 PENALTIES
Criminal liability:
•Persons liable – boat captain,
master fisherman, or the
municipal fisherfolk
•Imprisonment – 6 months to 2
years
•Fine – twice the administrative
fine
•Confiscation of catch and gear
 Prima facie presumption:

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.
PROHIBITION PENALTIES
Sec. 94
FISHING IN
OVEREXPLOITED Administrative liability :
FISHERY MANAGEMENT •Confiscation of catch and gear
AREAS •Fine – equivalent to the value
indicated below:

It shall be unlawful for 1.3 times the value of catch or

any person to fish in
fishery management
areas declared as
overexploited.
Php 20,000.00, whichever is
higher for municipal fishing.
If the offender fails to pay
the fine, he shall render
community service.

2. 5 times the value of the

catch of Php 100,000.00,
whichever is higher for
small scale cf
 PENALTIES

3.5 times the value of catch or

Php 300,000.00 whichever is
higher for medium scale cf

4.5 times the value of the

catch or Php 500,000.00 ,
whichever is higher for large
scale cf
 PENALTIES
Criminal liability:
•Imprisonment – 6 months
and 1 day to 6 years

•Fine – Php 500,000.00 to Php

5M

•Confiscation of the catch

and the fishing equipment
used

•Cancellation of fishing permit

or license.
PROHIBITION PENALTIES
Sec. 95

USE OF ACTIVE GEAR IN Administrative liability:

MUNICIPAL WATERS, •Persons liable – owner,
BAYS, AND OTHER operator, boat captain, and
FISHERY MANAGEMENT master fisherman of the
AREAS vessel or the chief
executive officer in a
corporation or the
managing partner in a
partnership.
•Confiscation of catch and
gears
 PENALTIES
•Fine – 3 times the value of the
catch or the value indicated
below, whichever is higher:

1.Php 20,000.00 for municipal fishing

or community service if offender
fails to pay the fine
2. Php 50,000.00 for small
scale cfv
3. Php 100,000.00 for
medium scale cf
4. Php 500,000.00 for large
scale cf
 PENALTIES

Criminal liability:
•Imprisonment – 2 yrs to 6 yrs.

•Fine – twice the administrative

fine

•Confiscation and forfeiture of

fishing gear and catch
FAO 201
What is an Active Gear?
It is a fishing device
characterized by gear movements,
and/or the pursuit of the target
species by towing, lifting, and
pushing the gears, surrounding,
covering, dredging, pumping and
scaring the target species to
impoundments
FAO 201
 The following gears are not covered by the
prohibition:

1. Gill nets, other than bottom-set gill nets, not

more than 500 meters in length per boat used by
registered municipal fisherfolk, which shall be
regulated by the LGU;
2. "Sudsud" or push net used to catch Acetes sp.
"alamang" and Stolephorus sp. "dilis," which is
operated by a registered municipal fisherfolk/fisherfolk
cooperative/association, either manually or by the use of
a registered and licensed municipal motorized boat with
single piston engine of not more than sixteen (16)
horsepower, during approved fishing season for the
species, and covered by a management plan duly
approved by the LGU;
• “Sud-sud” or Push net
3. Active gears such as purse seine or "pangulong", ring
net or "taksay" and such other gears that do not touch
the sea bottom, used by small and medium commercial
fishing vessels authorized by the LGU pursuant to
Section 18 of this Code and pertinent rules, to fish in the
10.1 to 15 km. of municipal waters only, as reckoned
from the general coastline.
 PROHIBITION PENALTIES
Section 96 – Ban on
Coral Exploitation
and Exportation

1. It shall be unlawful for Administrative liability:

any person or •Persons liable – owner,
corporation to gather, operator, boat captain,
possess, commercially master fisherman, and
transport, sell, export recruiter or organizer of
ordinary, semi-precious the fishworkers
corals, whether raw or in
processed form.
exception: purely
scientific or research
purposes.
 PENALTIES

•Fine – 8 times the value of the

corals gathered, possessed
commercially transported, sold
or exported or the amount of
Php 500,000.00 or Php 10M,
whichever is higher.

•Forfeiture of the subject corals

•Pay the compensation for the

restoration of the damaged coral
reefs
 PENALTIES
Criminal liability:
•Persons liable – boat captain,
master fisherman, and
recruiter or organizer of
fishworkers.
•Imprisonment – 10 years to 20
years
•Fine – twice the administrative
fine
•Forfeiture of the subject corals

The offender shall be required to pay the cost

of restoration of the damaged coral reefs
based on available studies.
PROHIBITION PENALTIES
2. It shall be unlawful for
any person, corporation, or
entity to commit any
activity that damage coral
reefs. *Imprisonment of 6 months
to 2 yrs. and/or
* Fine of P 2,000 to P 20,000
* Forfeiture and proper
disposition of the subject
corals, including the
vessel
 FISHERIES
ADMINISTRATIVE ORDER NO. 202

BAN ON CORAL EXPLOITATION AND

EXPORTATION

Coral-consist of small anemone-like organism

belonging to Phylum Coelenterata w/c secrete their
own skeletons of various forms that may be hard soft,
stony or horny and shall include the following i.,
Precious coral , ii., Semi-precious corals and ordinary
coral.
128 21/01/2020
 Lace corals
Stylasteridae spp
Fire coral Brain coral
Milleporidae spp Diploria labyrinthiformis

Black corals
Antipatharia spp Red coral
Organ-pipe corals Corallium spp
Tubiporidae spp
• The following fishing gears/methods and their variations
are considered destructive to coral reefs, seagrass,
seabeds, and other fishery marine life habitat:

a. Muro-ami and Kayakas; and

b. Danish Seine and modified Danish Seine.
PROHIBITION
PENALTIES
1. It shall be unlawful for any
person, natural, or juridical, to Administrative liability:
fish with gear or method that •Persons liable – owner,
destroys coral reefs, seagrass operator, boat captain,
beds, and other fishery marine master fisherman and
life habitat as may be recruiter or organizer of
determined as muro ami by fishworkers
DA and any of its variations
and such as similar gears and •Fine – 5 times the value of
methods that require diving, the fish caught or Php 2M ,
other physical or mechanical whichever is higher.
acts to pound the coral reefs,
and other habitat to entrap,
gather, or catch fish and other
fishery species are also
prohibited.
 PENALTIES

•Confiscation of catch and

gear

•The fishworkers who serve as

pounders – fine of Php 20,000.00 or
community service in case of
failure to pay the fine.
 PENALTIES

Criminal liability:
•Persons liable – boat captain,
master fisherman, and
recruiter or organizer of
fishworkers

•Imprisonment – 2 years to
10 years

•Fine – twice the amount of

the administrative fine
FAO 246-BANNING THE FAO 246-
BANNING THE FAO 246-BANNING
THE OPERATION OF DANISH SEINE
AND MODIFIED DANISH SEINE IN
PHILIPPINE WATERS (ISSUED
9/12/13) Danish Seine
(Holbot-holbot)
 PROHIBITION
PENALTIES
Section 98 – Illegal Use of
Superlight
and Fishing light Administrative liability :
attractor •Php 20,000.00 per superlight
or fishing light attractor

•Confiscation of catch,
"Superlight," also called "magic
superlight, or fishing light or
light," is a type of strong light
using halogen or metal halide gears
either submerged or located above
the sea surface, consisting of a
ballast, regulator, electric cable
and socket, the power of which
comes from a generator, battery,
dynamo or the main engine of the
boat.
 PENALTIES

If the offender is a
municipal fisherfolk, he may
render community service
in lieu of fine.

Criminal liability:

•Imprisonment – 6
months to 2 years
•Fine – Php 40,000.00 per
superlight
 PENALTIES

•Confiscation of catch
and gears

•If the offender is a

municipal fisherfolk, he
may render community
service in lieu of
imprisonment
FAO 204 (s. 2000) Restricting the Use of Superlights
in Fishing.
Prescribes wattage of superlight for commercial fishing

Small scale (3.1 to 20 GT) -- 20 KW per vessel

Medium scale (20.1 to 150 GT) -- 36 KW per vessel
Large scale (more than 150 GT) -- 40 KW per vessel

Penalties:

6 months-2 years imprisonment

P5,000 per superlight fine; Or both
Confiscation of superlight,
fishing vessel and gear
• DA-BFAR within 18 mos. from the effectivity of the IRR,
shall determine the appropriate limits for superlights and
fishing light attractors in all fishing grounds in
coordination with the civil society organizations, the
fishing industry, and the scientific community, by
conducting studies determining the effect of superlights
and fishing light attractors.
• Pending this determination, the existing regulation on
superlights is suspended.
• However, that superlights shall still be banned in
municipal waters and bays during the said period.
Greatest threat to mangroves is conversion either to
agriculture, aquaculture, saltponds, human
settlements or other coastal development
• Penalties:
Persons Administrative Criminal
Liable
• Persons who • Fine- equivalent to the • Base fine: P80K or a fine
converted ecological value of a equivalent to the
mangroves into hectare of mangrove administrative penalties,
fishponds or based on available studies • Imprisonment - 6 months
for other or and 1 day to 12 years
purposes fine -P10M/ hectare, • Restore or pay for the
whichever is higher restoration of the damage.
• Restore or pay for the • Environmental damages-
restoration of the P500K per hectare/year
damaged area. until the area is restored.
PROHIBITION PENALTIES
Administrative liability :
SECTION 100. FISHING
•Confiscation of catch and
DURING CLOSED gear
SEASON
•Administrative fine of:
1.3 times the value of catch or
Php 20,000.00 for municipal
fishing, whichever is higher. If
the offender is a municipal
fisherfolk, community shall be
rendered if he fails to pay the
fine
 PENALTIES

2. 5 times the value of the catch or

Php 100,000.00, whichever is
higher for small scale cfv

3. 5 times the value of the catch or

Php 300,000.00, whichever is higher
for medium scale cf

4. 5 times the value of the catch or

Php 500,000.00, whichever is
higher for large scale cf
 PENALTIES

Criminal liability:
•Imprisonment – 6 months
and 1 day to 6 years

•Confiscation of catch and

gear

•Fine – twice the administrative

fine

•Cancellation of license or
permit
FAO 167-3
Prohibition for
catching, purchasing,
selling and possessing
any sexually mature
sardines, herrings or November 15-February 15
mackerels or their
larvae, fry or young
during the closed
season from November
15 to February 15,
inclusive, of every year,
in a portion of Visayan
sea and adjoining waters
PROHIBITION PENALTIES
Administrative liability:
Section 101 –
FISHING IN MARINE •Confiscation of catch and
gear
PROTECTED AREAS,
FISHERY RESERVES, •Fine – twice the value of
the catch or the amount
REFUGE AND indicated below,
SANCTUARIES as whichever is higher:
declared by the 1. Php 20,000.00 for
Department or the municipal fishing. Or
Community service in
LGUs. lieu of fine.

2. Php 200,000.00 for small scale cf

3.Php 600,000.00 for medium scale cf

4. Php 1M for large scale cf

 PENALTIES

Criminal liability:

•Imprisonment – 2 years to 6
years

•Fine – twice the amount of the

administrative fine

•Confiscation of catch and gear

•Cancellation of license or
permit
 PROHIBITIONS
Section 102 –
FISHING OR TAKING OF RARE,THREATENED
OR ENDANGERED SPECIES
PROHIBITIONS
1. It shall be unlawful to fish or take,
catch, gather, sell, purchase ,
possess , transport, export, forward,
or ship out aquatic species listed in
Appendix I of the Convention on
International Trade in Endangered
Species of Wild and Fauna (CITES), or
those categorized by the International
Union for Conservation of Nature
and Natural Resources (IUCN) as
threatened, and as determined by the
DA as such.
 PENALTIES
Administrative Liability:

Fine – 5 times the value of the species or

Php 500,000.00 to Php 5M , whichever is
higher
Forfeiture of the species.

Criminal liability:
•Imprisonment – 12 years and I
day to 20 years

•Fine – twice the administrative

fine

•Forfeiture of the species

•Cancellation of the fishing permit

• CITES Appendix I Species

Irawaddy dolphin (Orcaella

Humpback whale (Megaptera
brevirostris )
novaeangliae)
PROHIBITION
2. It shall be unlawful to Exception: Purely
fish, take catch, gather, scientific, research or
sell, purchase, conservation breeding
possess, transport,
export, forward or ship
out aquatic species
listed in CITES
Appendices II and III if
scientific assessment
show that population of
the species in the wild
cannot remain viable
under pressure of
collection and trade.
 PENALTIES
Administrative liability:

•Fine- 3 times the value of the species

or Php 300,000.00 to Php 3M ,
whichever is higher

•Forfeiture of the species

Criminal liability:

•Imprisonment – 5 years to 8 yrs.

•Fine – twice the administrative fine
•Forfeiture of the species
  CITES Appendix II

Fraser’s dolphin (Lagenodelphis hosei) Hippocampus

Tridacnidae
spp. (seahorses)
spp. (giant
clams)
• CITES Appendix III

Red coral, Corallium japonicum

 PROHIBITIONS
PENALTIES
3. It shall be unlawful to Administrative liability:
gather, take, possess, •Fine – 3 times the value
transport, or export, of the species or Php
forward or ship out 300,000.00 or
captive-bred species Php 3M, whichever is
that have been higher.
transplanted to the
wild. •Forfeiture of the species
 PENALTIES

Criminal liability:
•Imprisonment – 5 yrs. to 8 yrs.

•Fine – 3 times the value of the

species or Php 3M , whichever
is higher

•Forfeiture of the species

• Parts and Derivatives of rare, threatened or endangered
species

Sharks Fin Jewelry from Pecious corals

CITES-listed
giant clam
shellcraft
CITES-LISTED AQUATIC SPECIES
(PROHIBITED) (LISTED IN APPENDIX II)
FISHERIES ADMINISTRATIVE ORDER (FAO) NO. 208

Giant Clams (Taklobo)

True giant clam, Tridacna gigas

Smooth giant clam, (Taklobo)

Tridacna derasa
FLUTED/SCALY GIANT
CLAM,(TAKLOBO)
TRIDACNA SQUAMOSA

Elongated giant clam,

Tridacna maxima
BORING/CROCUS CLAM,
(TAKLOBO; LET-LET)
TRIDACNA CROCEA

Strawberry/Horse hoof clam,

Hippopus hippopus

China/Porcelain clam,
Hippopus porcellanus
FAO 208
SMOOTH TOP SHELL, SAMONG;
SIMONG; TUWAD
TROCHUS NILOTICUS

Angel wing shell, Diwal

Barnea manilensis

Green snail, Laong, bulatok

Turbo marmoratus
 RARE , THREATENED AND ENDANGERED
FISHERY SPECIES (FAO 208)

Bolma girgyllus Clypeomorus aduncus Recluzia lutea

Separatista blainvilliana
(Girgyllus star shell) (bent cerith) (recluzia snail)
(true separatista)

Variscospira crispata Tibia martini

Malluvium lissus Strombus thersite
(deep sea cap) (thersite stromb)
(network beak shell)
(Martini’s tibia )
 NON-CITES-LISTED AQUATIC SPECIES
(PROHIBITED) (FAO 158)

Trumpet shell or triton, Tambuli,

Charonia tritonis
Helmet shell, Budyong
Cassis cornuta

* Prohibition on gathering, taking, collecting, trading, transporting, and

possessing
•A. RARE SPECIES OF
GASTROPOD
 PROTECTED UNDER FAO 208

Bolma girgyllus Clypeomorus aduncus Recluzia lutea Separatista blainvilliana

(Girgyllus star shell) (bent cerith) (recluzia snail) (true separatista)

Malluvium lissus Variscospira crispata

(deep sea cap) Strombus thersites (network beak shell)
(thersite stromb) Tibia martini
(Martini’s tibia)
 Cypraea guttata (great Cypraea aurantiu
Cypreae childreni Cypraea beckii
spotted cowrie) (golden cowrie)
(children’s cowrie) (Beck’s cowrie)

Cypraea valentia Cypraea teramachii

Phenacovolva dance Cypraea martini
(Prince cowrie) (Teramachi’s cowrie)
(dance volva) (Martini’s cowrie)

PROTECTED UNDER FAO 208

 Cypraea porteri Cypraea leucodo
Cypraea saulae Cypraea katsue
(porter’s cowrie) (white-toothed cowrie)
(Saul’s cowrie) (Katsue’s cowrie)

Cypraeacassis rufa Phalium coronadoi wyvillei Phalium glabratum

(bullmouth helmet) (Wyville’s bonnet) glabratum(smooth bonnet)

PROTECTED UNDER FAO 208

 B. RARE SPECIES
BIVALVES

Eufistulana mumia Amusium

(Club-shaped boring
obliteratum
clam)
(Smudged moon
scallop)

PROTECTED UNDER FAO 208

B. THREATENED
SPECIES
 Section 97 , FAO 208

• Gastropods •Crabs

Turbo marmoratus Trochus niloticus

(Green snail/laong, (Smooth top
bulatok) shell/samong)

Barnea Birgus latro

manilensis (coconut crab; umang,
tatus)
(Angel wing
shell/diwal)
C.ENDANGERED
SPECIES
Sections 97 (FAO 208)

Endangered
Whales and Dolphins Species

Megaptera novaeangliae Grampus griseus

(Humpback whale/balyena) (Risso’s Dolphin/lumba-lumba)

CITES APPENDIX I CITES APPENDIX II

Section 97 , FAO 208

Tursiops truncatus
Orcaella brevirostris Long-Snouted Bottlenose Dolphin
Irrawady Dolphin

Lagenodelphis hosei
Fraser's dolphin Steno bredanensis
Rough-toothed dolphin
 Section 97 , FAO 208

Mesoplodon densirostris Feresa attenuata

Blainville's beaked whale pygmy killer whale

Ziphius cavirostris
Cuvier's beaked whale

Peponocephala electra
melon-headed whale
 Section 97 , FAO 208

Orcinus orca
killer whale,

Balaenoptera brydei
Pseudorca crassidens Bryde's whale
false killer whale
 Balaenoptera physalus
fin whale

Section 97 , FAO 208 , CITES Appendix I

Megaptera novaeangliae
humpback whale
 Kogia breviceps
pygmy sperm whale

Section 97 , FAO 208

Kogia sima
dwarf sperm whale
Section 97 , FAO 208 CITES Appendix I

Physeter
macrocephalus
Sperm whale

Globicephala
macrorhynchus
Short-finned pilot whale
Spinner dolphin, Stenella longirostris Pantropical spotted dolphin,
Stenella attenuata

CITES APPENDIX
II
FAO 208
Striped dolphin, Stenella coeruleoalba
Tridacna gigas
True Giant Clam, Taklobo

Tridacna crocea
Boring Clam, Taklobo ,letlet
 Tridacna squamosa
(Fluted scaly giant clam)

SEA
SNAKES

Cerberus rhynchops
Dogfaced water snake
Kalabukab
CITES Appendix III
DUGONG, SEA COW
Department Administrative Order (DAO)
15
and 55, Section 97 of RA 8550, CITES
Appendix I
The five species of marine turtles found in the
Philippines are protected under DAO 15, RA
9147, Section 97 of RA 8550 and listed under
CITES Appendix 1.
Elasmobranch (Sharks)
 Elasmobranch (Sharks)

Great white shark,

Carcharodon carcharias
Section 97, CITES
Appendix II)
 Cetaceans (dolphins)

FAO 208 , FAO 185-1, Section 97 RA 8550 CITES

Appendix II
Sawfishes

ALL SAW FISHES

Family Pristidae;
Barasan, Tagan
Section 97 RA 8550 ,
CITES Appendix I except
Pristis microdon listed
under Appendix II
CEBU PROVINCE Res. 1900-2010/ Ord. No.
2010-06
SPECIAL PROTECTION FOR VULNERABLE
SPECIES

Alopias vulpinus Tresher Shark Lawihan, Sakol

Manta birostris Giant Manta Ray Sanga
Molidae mola Sun fish Mola-Mola
Thresher
Shark
Mola-
Mola
MANTA RAY
Manta birostris
FAO 193
 Chapter VI,
Sec. 103

CAPTURE OF SABALO
 PROHIBITION PENALTIES

Sec. 103 CAPTURE OF

Administrative liability:
SABALO
It shall be unlawful for any person •Fine - 5 times the value of
to catch, gather, capture, or the sabalo or
possess mature milkfish or sabalo . Php 500,000.00,
whichever is higher
Sabalo – means the full-grown
bangus and refers to both male
and female, measuring more than •Forfeiture of catch and
60 cm. in length from the tip of its gear
mouth to the extreme end of its
caudal fin or tail (FAO 129, s. 1980)
Exceptions: local breeding
purposes or scientific or research
purposes.
 PENALTIES

Criminal liability:
•Imprisonment – 6 months and 1
day to 8 years
•Fine- twice the amount of the
administrative fine
•Forfeiture of catch and fishing
equipment used
•Suspension or revocation
Sabalo – means the full-grown bangus and
refers to both male and female, measuring
more than 60 cm. in length from the tip of its
mouth to the extreme end of its caudal fin or
tail (FAO 129, s. 1980)
SEC. 104. Exportation of Breeders,
Spawners, Eggs or Fry
SEC. 105. Importation or Exportation
of Fish or Fishery Species

Unlawful to import or export fish or fishery

species in violation of this Code
SEC. 108. Failure to Comply with
Minimum Safety Standards
Failure to exhibit or show proof of compliance
with safety standards required for commercial
fishing vessel engaged in fishing, upon demand
by proper authorities

Upon apprehension, the fishing vessel shall be

escorted to the nearest port or landing point and
prevented from continuing with the fishing
activity.
SEC. 108. Failure to Comply
with
Penalties
Minimum Safety
Standards
Persons Liable Administrative Criminal
• Owner and • Fine- P100K • Imprisonment- 1 mo.
captain • Suspension or and 1 day to 6 mos.
cancellation of permit or • Fine- 2x
license and administrative fine
• Impoundment of the • Suspension or
vessel until the safety cancellation of permit or
standard has been license
complied with • Impoundment of the
vessel until the safety
standard has been
complied with.
SEC. 109. Failure to Submit a Yearly
Report on All Fishponds, Fish Pens
and Fish Cages
• Penalties
Persons liable Administrative Criminal
• Owner/ operator of • Fine-P5K/ per • Fine- 2x
fishponds, fish pens, unreported hectare. administrative fine
and fish cages • Fishpond with
whether in public or Fishpond Lease
private lands who Agreement-
fail to submit the non-submission of a
annual report report for 2
despite notice and consecutive years
beyond the 2 shall result to its
months grace period cancellation
given
SEC. 110. Gathering and Marketing of
Shell Fishes or Other Aquatic
Species
Other parameters for the protection of heavily
traded species may be promulgated.
Penalties
Persons Liable Administrative Criminal
• Persons who gather, • Fine equivalent to • Imprisonment -1
take, sell, transfer, the value of the month and 1 day
possess, commercially species or P50K, to 6 months
transport, export, forward whichever is higher, • Fine-2x
or ship out sexually • Confiscation of the administrative fine
mature shellfish or other same, • Cancellation of
aquatic species or aquatic • Cancellation of the permit or
species below the permit or license license.
minimum size or above
the maximum quantities
prescribed
 SEC. 111. Obstruction to Navigation
or Flow or Ebb of Tide in any Stream,
River, Lake or Bay
Unlawful to cause obstruction to
navigation or flow or ebb of tide

Existing fisheries structures not prohibited

by law are not considered as obstruction
to navigation and free flow of water.
 SEC. 111. Obstruction to Navigation
or Flow or Ebb of Tide in any Stream,
River, Lake or Bay
• Penalties
Persons Liable Administrative Criminal
• Person who caused • Fine-P200K • Imprisonment- 1 mo.
or owns the fish • Dismantling of and 1 day to 6 mos.
corrals, fish traps. Fish Obstruction, fish • Fine-2x the
pens or fish cages that corrals/ traps, fish administrative fine
obstructs the pens or fish cages at • Confiscation of
navigation or flow or the expense of the stocks and
ebb of tide in any offender dismantling of
stream, river, lake or obstruction , fish
bay corrals/traps, fish pens
or fish cages at the
expense of the violator
SEC. 112. Noncompliance with Good
Aquaculture Practices
• In the conduct of fishery operations
involving the breeding and farming of fish
and other fishery species, it is unlawful not
to comply with:

1. good aquaculture practices, and

2. the guidelines for environmentally-
sound design and operation for the
sustainable development of the
aquaculture industry
SEC. 113. Commercial Fishing Vessel
Operators Employing Unlicensed
Fisherfolk, Fishworker or Crew
• Unlawful to employ unlicensed fisherfolk or
fishworker in:

a. Commercial fishing vessels operating

within national jurisdiction
b. Philippine flagged fishing vessels
engaged in distant water fishing
SEC. 113. Commercial Fishing Vessel
Operators Employing Unlicensed
Fisherfolk, Fishworker or Crew
• All crew on board a commercial fishing vessel shall be required a
Fisherman’s License, except the following:

a.) Captain or Master;

b.) Cook, unless he is also involved in fishing;
c.) Crew declared in the manifest, unless he is also involved in
fishing; and
d.) Non-crew passengers declared in the manifest.

• Presentation of an official receipt covering a completed application

for renewal of a Fisherman’s License and a certification from the
DA-BFAR that the renewal is being processed shall be accepted as
proof to negate liability for employment of unlicensed fisherfolk,
fishworker or crew
SEC. 113. Commercial Fishing Vessel
Operators Employing Unlicensed
Fisherfolk, Fishworker or Crew
Penalties:
a.) Commercial fishing vessels operating
within national jurisdiction
Persons Liable Administrative
• Owner or operator of • Fine- P4K/ unlicensed
commercial fishing vessel fisherfolk or fishworker or crew
• Suspension or revocation of
license for commercial fishing.
SEC. 113. Commercial Fishing Vessel
Operators Employing Unlicensed
Fisherfolk, Fishworker or Crew
• Penalties
b. Philippine flagged fishing vessels
engaged in distant water fishing
Persons Liable Administrative Criminal
• Owner or operator • Fine-P40K/ • Fine-2x
of commercial unlicensed administrative fine
fishing vessel or fisherfolk, • Suspension or
distant water fishing fishworker or crew revocation of
vessel • Suspension or license
revocation of
license
SEC. 114. Obstruction of Defined
Migration Paths
Unlawful to obstruct any defined migration
path of anadromous, catadromous and
other migratory species
Penalties
Persons Liable Administrative Criminal
• Person who • Fine P150K to P500K, • Imprisonment-
caused the • Dismantling of the 7 yrs. to 12 yrs.
obstruction to the obstruction at the • Fine-2x the
defined migration expense of the offender, administrative fine
oath of anadromous, and • Dismantling of the
catadromous and • Suspension or obstruction at the
other migratory revocation of the permit or expense of the
species license offender
• Suspension or
revocation of the
 PROHIBITION
PENALTIES
Sec. 115 OBSTRUCTION TO Administrative liability:
FISHERY LAW ENFORCEMENT
OFFICERS •Cancellation of license or permit

•Fine – Php 1M for fishing vessels

It is unlawful for the fishing
vessel owner, master or operator
or any person acting on behalf of
any fishing vessel to assault,
resist, intimidate, harass or
seriously interferes with or duly
obstructs or delays a fishery law
enforcer, authorized inspector,
observer, deputized fish warden
or any lawfully boarding
government officer in the exercise
of their duties.
operating in Phil. waters or
Php 2M for fishing vessels
operating beyond Phil. Waters
Criminal liability:
•Imprisonment – 6 months to 2
years
•Fine – twice the amount of the
administrative fine
•Cancellation of license or
permit
 BFAR Circular No. 248, Series of 2013.
Size Regulation of Sea Cucumber
Collection and Trade
Section 2- Prohibited Acts
1. Gathering, collecting, catching,
taking and cause the taking or
catching of sea cucumber for
commercial trade without Aquatic
Wildlife Collectors Permit (AWCP)
2. Transporting without a License to
Transport (LTP)
 BFAR Circular No. 248, Series of 2013.
Size Regulation of Sea Cucumber
Collection and Trade
Section 2 - Prohibited Acts
3. possessing, transporting, selling,
trading or exporting of sea cucumber
species in any state or form except in
dried form with minimum size of 2
inches or 5 centimeters in length
 BFAR Circular No. 248, Series of 2013.
Size Regulation of Sea Cucumber
Collection and Trade
Section 3- The DA Secretary may, upon the
recommendation of the BFAR Director , may
grant special permit to legitimate research
or academic institutions for scientific and/or
educational purposes subject to terms and
conditions
 PENALTIES
 * Trading, selling or  Imprisonment- ten (10) days
buying undersized sea to one (1) month and/or
cucumbers  Fine- two hundred pesos
(Php 200.00) to twenty
thousand pesos (Php
20,000.00)

 Transporting of  Imprisonment- five (5) to ten

undersized sea (10) days and
cucumber or  Fine of two hundred pesos
transporting without an (Php 200.00) to one
LTP thousand pesos (Php
1,000.00)
 PENALTIES
 Collecting, taking,  Imprisonment: ten (10) days
gathering sea cucumber to one (1) month
without AWCP  Fine: one thousand (Php
1,000.00) to five thousand
(Php 5,000.00) pesos

 Exporting undersized  Imprisonment: eight (8)

sea cucumber years
 Fine: Eighty thousand pesos
(Php 80,000.00)
FAO 250 –PROHIBITION ON THE
COLLECTION ,HARVESTING,
GATHERING,SELLING AND/OR
EXPORTING OF BROWN ALGAE
(SARGASSUM spp.), AND
SEAGRASS
exception:
DA Secretary may grant
special permit for scientific
and/or educational purposes
BFAR Director may
grant research institution
limited collection, harvesting
and/or gathering to determine
the ecological and socio-
economic impact activity on the
fisheries resources
Penalty: imprisonment of
two (2) to ten (10) years
and a fine of not less than
one hundred thousand
pesos (P100,000.00) to
five hundred thousand
pesos (P500,000.00) or
both such fine and
imprisonment at the
discretion of the court,
and the confiscation of
the harvest.

Effectivity: May 13, 2014

 FAO 249, SERIES OF 2014.
SUBJECT: BAN ON THE SALE AND
DISTRIBUTION OF RAW/FRESH AND
PROCESSED PUFFER FISH (FAMILY
TETRAODONTIDAE)
• PENALTY:

• Imprisonment of not less than two (2) months

but not more than one (1) year or
• A fine of not less than ten thousand (Php
10,000.00) pesos but not more than one
hundred thousand pesos (Php 10,000.00) or
both
“WHATEVER YOU ARE, BE A
GOOD ONE!”