Article 121p. 121

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

fishing vessel and the three (3) highest officers of the

commercial

fishing

vessel

who

commit

unreported

fishing within waters of national jurisdiction shall be

punished by an administrative fine equivalent to the

value of the catch or the amount indicated below,

whichever is higher:

(1) Five thousand pesos (P5,000.00) for municipal fishing:

Provided, That if the offender fails to pay the fine, he

shall render community service;

(2)

One

hundred

thousand

pesos

(P100,000.00)

for

small-scale commercial fishing;

(3)

Two

hundred

thousand

pesos

(P200,000.00) for

medium-scale commercial fishing; and

(4)

Five

hundred

thousand

pesos (P500,000.00) for

large-scale commercial fishing.

In case of unreported fishing committed in waters

beyond national jurisdiction, the owner, operator, and

the three (3) highest officers of the commercial fishing

vessel shall be penalized with 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 90. Unregulated Fishing. – It shall be unlawful for

any person to engage in unregulated fishing in waters

within and beyond national jurisdiction.

Upon a summary finding of administrative liability, the

owner, operator, of the municipal or commercial fishing

vessel

and

the

three

(3)

highest

officers

of

the

commercial fishing vessel who commit unregulated

fishing within waters of national jurisdiction shall be

punished by confiscation of catch and gear and an

administrative fine equivalent to the value of the catch

or amount indicated below, whichever is higher:

(1)

Five

thousand

pesos

(P5,000.00))

for

municipal

fishing: Provided, That if the offender fails to pay the fine,

he shall render community service;

(2)

One

hundred

thousand

pesos

(P100,000.00)

for

small-scale commercial fishing;

(3)

Two

hundred

thousand

pesos

(P200,000.00) for

medium-scale commercial fishing; and

(4)

Five

hundred

thousand

pesos (P500,000.00) for

large-scale commercial fishing.

In case of unregulated fishing committed in waters

beyond national jurisdiction, the owner, operator, and

the three (3) highest officers of the commercial fishing

vessel shall be penalized with confiscation of 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

fines, confiscation of catch and gear.

Section 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.

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.

Upon a summary finding of administrative liability, any

foreign person, corporation or entity in violation of this

section shall be punished by an administrative fine of Six

hundred thousand US dollars (US$600,000.00) to One

million US dollars (US$1,000,000.00) or its equivalent in

Philippine currency.

Upon conviction by a court of law, the offender shall be

punished

with

a fine of One million two hundred

thousand US dollars (US$1,200,000.00), or its equivalent

in Philippine currency, and confiscation of catch, fishing

equipment and fishing vessel.

If the offender is caught within internal waters, an

additional penalty of imprisonment of six (6) months and

one (1) day to two (2) years and two (2) months shall be

imposed. If apprehended for the second time within

internal waters, the offender shall be punished with

imprisonment of three (3) years and a fine of Two million

four hundred thousand US dollars (US$2,400,000.00) or

its equivalent in Philippine currency: Provided, That no

foreign person shall be deported without the payment of

the imposed judicial and/or administrative fines and

service of sentence, if any.

Section

92.

Fishing

Through

Explosives,

Noxious or

Poisonous Substance, or Electricity. – (a) It shall be

unlawful for any person to catch, take or gather or cause

to be caught, taken or gathered fish or any fishery

species in Philippine waters with the use of explosives,

noxious or poisonous substance such as sodium cyanide,

which will kill, stupefy, disable or render unconscious

fish or fishery species: Provided, That the Department,

subject to such safeguards and conditions deemed

necessary

and

with

the

endorsement

from

the

concerned LGUs, may allow, for research, educational or

scientific purposes only, the use of poisonous or noxious

substances to catch, take or gather fish or fishery

species: Provided, further, That the use of poisonous or

noxious substances to eradicate predators and pests in

fishponds

in

accordance

with

accepted

scientific

practices and without causing adverse environmental

© 2018 Compiled by RGL

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