Article 124p. 124

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

pesos (P10,000,000.00) per hectare, whichever is higher:

Provided, That if the area requires rehabilitation or

restoration

as

determined

by

the

Department,

the

offender shall also be required to restore or pay for the

restoration of the damaged area.

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

a base fine of Eighty thousand pesos (P80,000.00), a fine

equivalent to the administrative penalties, and shall

suffer the penalty of imprisonment of six (6) months and

one (1) day to twelve (12) years: Provided, That if the area

requires rehabilitation or restoration as determined by

the court, the offender shall also be required to restore or

pay for the restoration of the damage. The offender shall

be liable for environmental damages computed at Five

hundred thousand pesos (P500,000.00) per hectare per

year until the area is restored.

Section 100. Fishing During Closed Season. – It shall be

unlawful to fish during closed season.

Upon a summary finding of administrative liability, the

offender shall be punished with confiscation of catch

and gear and an administrative fine of:

(1)

Three

times

the

value

of

the

catch or Twenty

thousand

pesos

(P20,000.00)

for

municipal

fishing,

whichever is higher: Provided, That if the offender fails to

pay the fine, community service shall be rendered;

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

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

small-scale commercial fishing;

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

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

medium-scale commercial fishing; and

(4)

Five 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 with imprisonment of six (6) months and one

(1) day to six (6) years, confiscation of catch and gear, and

fine twice the amount of the administrative fine and

cancellation of license or permit.

Section 101. Fishing in Marine Protected Areas, Fishery

Reserves, Refuge and Sanctuaries. – It shall be unlawful

to

fish

in

marine protected areas, fishery reserves,

refuge,

or

fish

sanctuaries

as

declared

by

the

Department or the LGUs.

Upon a summary finding of administrative liability, the

offender shall be punished with confiscation of catch

and gear, and administrative fine of twice the value of

the catch or the amount 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,

community service shall be rendered;

(2)

Two

hundred

thousand

pesos

(P200,000.00) for

small-scale commercial fishing;

(3)

Six

hundred

thousand

pesos

(P600,000.00)

for

medium-scale commercial fishing; and

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

commercial fishing.

Upon conviction by a court of law, violation of this

provision shall be punished by imprisonment of two (2)

years to six (6) years and a fine twice the amount of the

administrative fine, confiscation of catch and gear, and

cancellation of license or permit.

Section 102. Fishing or Taking of Rare, Threatened or

Endangered Species. – (a) 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 the International Trade

in Endangered Species of Wild Flora and Fauna (CITES),

or those categorized by the International Union for

Conservation of Nature and Natural Resources (IUCN) as

threatened and determined by the Department as such.

Upon a summary finding of administrative liability, the

Department shall penalize the offender with a fine

equivalent to five times (5) times the value of the species

or Five hundred thousand pesos (P500,000.00) to Five

million pesos (P5,000,000.00), whichever is higher, and

forfeiture of the species.

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

punished by imprisonment of twelve (12) years and one

(1) day to twenty (20) years and a fine equivalent to twice

the administrative fine, forfeiture of the species and the

cancellation of fishing permit.

(b) It shall be unlawful to fish, take, catch, gather, sell,

purchase, possess, transport, export, forward or ship out

aquatic species listed in CITES Appendices II and III if

scientific

assessments

show that population of the

species in the wild cannot remain viable under pressure

of collection and trade: Provided, That the taking or

fishing of these species from the wild for scientific

research, or conservation breeding simultaneous with

commercial breeding may be allowed.

Upon a summary finding of administrative liability, the

Department shall penalize the offender with a fine

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

Three hundred thousand pesos (P300,000.00) to Three

million pesos (P3,000,000.00), whichever is higher, and

forfeiture of the species.

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

punished by imprisonment of five (5) to eight (8) years

and a fine equivalent to twice the administrative fine

and forfeiture of the species.

(c) It shall be unlawful to gather, take, possess, transport,

or export, forward or ship out captive-bred species that

have been transplanted to the wild.

Upon a summary finding of administrative liability, the

offender shall be penalized with a fine equivalent to

three (3) times the value of the species or Three hundred

thousand pesos (P300,000.00) to Three million pesos

(P3,000,000.00), whichever is higher, and forfeiture of

the species.

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

punished by imprisonment of five (5) to eight (8) years, a

fine equivalent to three (3) times the value of the species

or Three million pesos (P3,000,000.00), whichever is

higher, and forfeiture of the species.

Should the violation be committed by a vessel manned

by more than two (2) persons, the captain, master, and

two highest ranking officers of the vessel involved in the

fishing or taking of such protected marine life shall be

presumed to have committed the prohibited act.

Section

103.

Capture

of

Sabalo

and

Other

Breeders/Spawners. – It shall be unlawful for any person

to catch, gather, capture or possess mature milkfish or

sabalo and other breeders or spawners of other fishery

species as may be determined by the Department:

Provided,

That

catching

of

sabalo

and

other

breeders/spawners

for

local

breeding

purposes

or

scientific or research purposes may be allowed subject

© 2018 Compiled by RGL

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