Article 123p. 123

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

day to six (6) years and fine of Five hundred thousand

pesos

(P500,000.00)

to

Five

million

pesos

(P5,000,000.00), confiscation of the catch and fishing

equipment used, and cancellation of fishing permit or

license.

Section 95. Use of Active Gear in Municipal Waters, Bays

and Other Fishery Management Areas. – It shall be

unlawful to engage in fishing in municipal waters and in

all bays as well as other fishery management areas using

active fishing gears as defined in this Code.

Upon a summary finding of administrative liability, the

owner, operator, boat captain and master fisherman of

the vessel, or the chief executive officer in a corporation,

or the managing partner in a partnership shall be

punished with confiscation of the catch and fishing

gears, and a fine 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 offender 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; and

(4)

Five

hundred

thousand

pesos (P500,000.00) for

large-scale commercial fishing.

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

punished with imprisonment of two (2) years to six (6)

years and fine equivalent to twice the administrative

fine, confiscation and forfeiture of fishing gear and

catch.

Section 96. Ban on Coral Exploitation and Exportation. –

It shall be unlawful for any person or corporation to

gather, possess, commercially transport, sell or export

ordinary, semi-precious and precious corals, whether raw

or in processed form, except for scientific or research

purposes.

It

shall also be unlawful for any person,

corporation or entity to commit any activity that damage

coral reefs.

Upon a summary finding of administrative liability, the

owner/operator of the fishing vessel/s, boat captain,

master

fisherman,

and

recruiter

or

organizer

of

fishworkers shall be punished with an administrative

fine equivalent to eight (8) times the value of the corals

gathered, possessed, commercially transported, sold, or

exported, or the amount of Five hundred thousand

pesos

(P500,000.00)

to

Ten

million

pesos

(P10,000,000.00), whichever is higher, and forfeiture of

the

subject

corals.

The

offender

shall

also

pay

compensation for the restoration of the damaged corals

reefs.

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

master

fisherman,

and

recruiter

or

organizer

of

fishworkers, shall be punished by imprisonment from

ten (10) years to twenty (20) years and a fine equivalent

to twice the administrative fine and forfeiture of the

subject corals.

The offender shall also be required to pay the cost of

restoration

of

the

damaged

coral

reefs

based

on

available studies and as determined by the Department.

Section 97. Ban on Muro-ami, Other Methods and Gear

Destructive to Coral Reefs and Other Marine Habitat. – (a)

It shall be unlawful for any person, natural or juridical, to

fish with gear or method that destroys coral reefs,

seagrass beds, and other fishery marine life habitat as

may be determined by the Department. ‘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

are

also

prohibited.

Upon a summary finding of administrative liability, the

owner, operator, boat captain, master fisherman, and

recruiter or organizer of fishworkers who violate this

provision shall suffer the penalty of an administrative

fine equivalent to five (5) times the value of the fish

caught or Two million pesos (P2,000,000.00), whichever

is

higher, and confiscation of catch and gear. The

fishworkers who serve as pounders shall be penalized

with a fine of Twenty thousand pesos (P20,000.00) or

community service in case of failure to pay the fine.

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

master

fisherman,

and

recruiter

or

organizer

of

fishworkers shall be punished with imprisonment of two

(2) years to ten (10) years and a fine equivalent to twice

the amount of the administrative fine.

(b) Except in cases allowed by law, it shall be unlawful for

any

person,

natural

or juridical, to gather, possess,

commercially transport, sell or export coral sand, coral

fragments, coral rocks, silica, and any other substances

which make up any marine habitat.

Upon a summary finding of administrative liability, the

person or corporation who violates this provision shall be

punished with an administrative fine of Five million

pesos (P5,000,000.00) or five (5) times the value of the

coral

rocks,

sand,

or

silica

gathered,

possessed,

commercially transported, sold, or exported, whichever is

higher, and confiscation of the substance.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from two (2) years to

ten

(10)

years

and

a

fine

equivalent

to twice the

administrative fine, confiscation of catch or substances

and equipment or gear used.

Section 98. Illegal Use of Superlights or Fishing Light

Attractor. – It shall be unlawful to engage in fishing with

the use of superlight in municipal waters, or to fish 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 in violation of the rules promulgated by the

Department for fishing with the use of superlight or

fishing light attractor outside municipal waters.

Upon a summary finding of administrative liability, the

offender shall be punished by a fine of Twenty thousand

pesos

(P20,000.00)

per

superlight

or

fishing

light

attractor, and confiscation of catch, superlight or fishing

light attractor and gears: Provided, That if the offender is

a municipal fisherfolk, he may render community service

in lieu of fine.

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

punished with imprisonment from six (6) months to two

(2) years and a fine of Forty thousand pesos (P40,000.00)

per superlight or fishing light attractor, and confiscation

of catch, superlight or fishing light attractor and gears:

Provided, That if the offender is a municipal fisherfolk, he

may

render

community

service

in

lieu

of

fine

or

imprisonment.

Section

99.

Conversion

of Mangroves. – It shall be

unlawful for any person to convert mangroves into

fishponds or for any other purpose.

Upon a summary finding of administrative liability, the

offender shall be penalized with a fine equivalent to the

ecological value of a hectare of mangrove based on

available studies or administrative fine of Ten million

© 2018 Compiled by RGL

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