Article 122p. 122

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

impact in neighboring waters and grounds shall not be

construed as illegal fishing.

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.

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.

Upon a summary finding of administrative liability, any

person found liable for the actual use of explosives,

noxious or poisonous substances shall be punished with

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,

and

an

administrative fine equivalent to five (5) times the value

of the catch or the amount of fine indicated below

whichever is higher:

(1) Thirty thousand pesos (P30,000.00) for municipal

fishing;

(2) Three hundred thousand pesos (P300,000.00) for

small-scale commercial fishing;

(3)

One

million

five

hundred

thousand

pesos

(P1,500,000.00) for medium scale commercial fishing;

and

(4) Three million pesos (P3,000,000.00) for large scale

commercial fishing.

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

punished with imprisonment from five (5) to ten (10)

years, 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, gear, and a

fine

equivalent

to

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 electrofishing devices for illegal fishing

shall be punished with imprisonment of six (6) months

and a fine of Five thousand pesos (P5,000.00).

(b)

It

shall be unlawful for any person to possess

explosives, and noxious or poisonous substances for

illegal fishing.

Upon a summary finding of administrative liability, the

offender shall be punished with confiscation of catch,

gear, and an administrative fine equivalent to five (5)

times the value of the catch or the amount indicated

below whichever is higher:

(1)

Ten

thousand,

pesos

(P10,000.00)

for

municipal

fishing;

(2)

One

hundred

thousand

pesos

(P100,000.00)

for

small-scale commercial fishing;

(3)

Five

hundred

thousand

pesos

(P500,000.00) for

medium scale commercial fishing; and

(4) One million pesos (P1,000,000.00) for large scale

commercial fishing.

Violation

of

this

provision

shall

be

punished

with

imprisonment from six (6) months to two (2) years, and a

fine

equivalent

to

twice

the

amount

of

the

administrative fine and confiscation of catch and gear.

Section 93. Use of Fine Mesh Net. – It shall be unlawful to

engage in fishing using nets with mesh smaller than

that which may be determined by the Department:

Provided, That the prohibition on the use of fine mesh

net shall not apply to the 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.

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.

Upon a summary finding of administrative liability, the

Department shall penalize the owner, operator, captain

or master fisherman in case of commercial fishing

vessel, or the municipal fisherfolk, with confiscation of

the catch and fishing gear, and an administrative fine

equivalent to three (3) times the value of the catch or the

value indicated below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal

fishing: Provided, That if the municipal fisherfolk fails to

pay the fine, he shall render community service;

(2) Fifty thousand pesos (P50,000.00) for small-scale

commercial fishing;

(3)

One

hundred

thousand

pesos

(P100,000.00)

for

medium-scale commercial fishing;

(4)

Two

hundred

thousand

pesos (P200,000.00) for

large-scale commercial fishing.

Upon conviction by a court of law, the captain or master

fisherman in case of commercial fishing vessel, or the

municipal fisherfolk, shall be punished by imprisonment

of six (6) months to two (2) years and a fine equivalent to

twice the administrative fine, and confiscation of catch

and gear.

Section

94.

Fishing

in

Overexploited

Fishery

Management Areas. – It shall be unlawful for any person

to

fish

in

fishery

management

areas

declared

as

overexploited.

Upon a summary finding of administrative liability, the

offender shall be punished with confiscation of catch

and fishing gears, and an administrative fine equivalent

to the value indicated below:

(1) Three (3) times the value of catch or Twenty thousand

pesos (P20,000.00), whichever is higher, for municipal

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

he shall render community service;

(2) Five (5) times the value of catch or One hundred

thousand pesos (P100,000.00), whichever is higher, for

small-scale commercial fishing;

(3) Five (5) times the value of catch or Three hundred

thousand pesos (P300,000.00), whichever is higher, for

medium-scale commercial fishing;

(4) Five (5) times the value of catch or Five hundred

thousand pesos (P500,000.00), whichever is higher, for

large-scale commercial fishing.

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

punished by imprisonment of six (6) months and one (1)

© 2018 Compiled by RGL

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