Article 120p. 120

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

d.hasten the realization of the economic potential of the

fisheries sector by maximizing developmental research

efforts in accordance with the requirements of the

national

fisheries

conservations

and

development

programs, also possibly through collaborative effort with

international institutions; and

e.formally establish, strengthen and expand the network

of fisheries-researching communities through effective

communication linkages nationwide.

CHAPTER VI Prohibitions and Penalties

Section

86.

Unauthorized

Fishing.

–

(a) It shall be

unlawful for any person to capture or gather or to cause

the capture or gathering of fish, fry or fingerlings of any

fishery species or fishery products without license or

permit from the Department or LGU.

Except in cases specified under this Code, it shall also be

unlawful for any commercial fishing vessel to fish in

municipal waters.

The discovery of any person in possession of a fishing

gear or operating a fishing vessel in a fishing area where

he has no license or permit shall constitute & prima facie

presumption that the person is engaged in unauthorized

fishing: Provided, That fishing for daily food sustenance

or for leisure which is not for commercial, occupation or

livelihood purposes may be allowed.

Upon a summary finding of administrative liability, the

boat captain and the three (3) highest officers of the

commercial fishing vessel and the owner or operator

who

violate

this

provision

shall

be

penalized

with

confiscation of catch and gear, and an administrative

fine of five (5) times the value of the catch or the amount

indicated below, whichever is higher:

(1) Fifty thousand pesos (P50,000.00) to One hundred

thousand

pesos

(P100,000.00)

for

small-scale

commercial fishing;

(2) One hundred fifty thousand pesos (P150,000.00) to

Five

hundred

thousand

pesos

(P500,000.00)

for

medium-scale commercial fishing; and

(3) One million pesos (P1,000,000.00) to Five million

pesos (P5,000,000.00) for large-scale commercial fishing.

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

the three (3) highest officers of the commercial fishing

vessel shall suffer the penalty of imprisonment of six (6)

months and confiscation of catch and gear and twice

the amount of the administrative fine.

(b) It shall be unlawful for any person not listed in the

registry

of

municipal

fisherfolk

to

engage

in

any

commercial fishing activity in municipal waters.

Upon a summary finding of administrative liability, the

offender of this provision shall be punished with an

administrative fine equivalent to twice the value of catch

or Five thousand pesos (P5,000.00), whichever is higher,

and confiscation of the catch and fishing gear: Provided,

That if the offender fails to pay the fine, he shall render

community service.

Section

87.

Engaging

in

Unauthorized

Fisheries

Activities. – It shall be unlawful for any person to exploit,

occupy, produce, breed or culture fish, fry or fingerlings

of any fishery species or fishery products or construct

and operate fish corrals, fish traps, fish pens and fish

cages or fishponds without a license, lease or permit.

The discovery of any person engaging in any of the

above activities without a lease, license or permit shall

constitute & prima facie presumption that the person is

engaged in unauthorized fisheries activity.

Upon a summary finding of administrative liability, the

offender shall be penalized with an administrative fine of

Five hundred thousand pesos (P500,000.00) to One

million pesos (P1,000,000.00), 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.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment of six (6) months, a

fine

equivalent

to

twice

the

amount

of

the

administrative fine, the dismantling or removal of the

structure

at

the

expense

of

the

offender,

the

rehabilitation of the area affected by the activity and

confiscation of stocks.

Section 88. Failure to Secure Fishing Permit Prior to

Engaging in Distant Water Fishing. – (a) It shall be

unlawful for any person to fish in the high seas, in the

territorial

seas,

archipelagic

waters,

and

Exclusive

Economic

Zones of other states using a Philippine

flagged fishing vessel without first securing a fishing

permit from the Department and authorization from the

coastal state.

The discovery of 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

shall constitute a prima facie presumption that the

person is in violation of this provision.

(b) It shall be unlawful for an owner or operator, and the

three (3) highest officers, of a commercial fishing vessel

to commit acts that are in contravention of the terms

and conditions stated in the fishing permit or as may be

promulgated by the Department.

Upon a summary finding of administrative liability, the

owner, operator, and the three (3) highest officers of the

commercial fishing vessel who violate this section, shall

be punished with confiscation of the catch and gear and

an administrative fine equivalent to five (5) times the

value of the catch or the amount indicated below,

whichever is higher:

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

pesos

(P9,000,000.00)

for

small-scale

commercial

fishing;

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

pesos (P15,000,000.00) for medium-scale commercial

fishing; and

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

million

pesos

(P20,000,000.00)

for

large-scale

commercial fishing vessels less than seven hundred fifty

(750)

gross

tons,

and

Twenty-five

million

pesos

(P25,000,000.00)

to

Forty-five

million

pesos

(P45,000,000.00)

for

large-scale

commercial

fishing

vessels seven hundred fifty (750) gross tons or more.

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

officers of the commercial fishing vessel shall suffer the

penalty of imprisonment of six (6) months and a fine

equivalent to twice the amount of the administrative

fine, and confiscation of catch and gear.

Section 89. Unreported Fishing. – It shall be unlawful for

any person to engage in unreported fishing or to fail to

comply with the reportorial requirements in Section 38

of this Code.

Upon a summary finding of administrative liability, the

owner

or operator of the municipal or commercial

© 2018 Compiled by RGL

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