Article 125p. 125

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

to

guidelines

that

shall

be

promulgated

by

the

Department.

Upon a summary finding of administrative liability, an

offender shall be punished with a fine equivalent to five

(5) times the value of the sabalo, other breeders, or

spawners

gathered

or

captured,

or

Five

hundred

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

forfeiture of catch and gear.

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

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

day to eight (8) years and a fine equivalent to twice the

amount of the administrative fine, forfeiture of catch and

fishing equipment used, and suspension or revocation of

license.

Section 104. Exportation of Breeders, Spawners, Eggs or

Fry. – Exportation of breeders, spawners, eggs or fry as

prohibited in this Code shall be punished under this Act:

Provided,

That

the

export

of

hatchery-bred

or

captive-bred

breeder,

spawner, egg or fry, may be

allowed subject to the regulations to be promulgated by

the Department.

Failure

on

the

part

of

the shipping or forwarding

company

from

whose

possession

the

breeders,

spawners, eggs, or fry are discovered or seized to fully

cooperate in the investigation conducted by concerned

government authorities on the matter shall create a

presumption that there is connivance or conspiracy

between the company and the shipper to violate the

provisions of this section.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine

equivalent to three (3) times the value of the breeders,

spawners,

eggs,

or

fry

exported

or

One

hundred

thousand pesos (P100,000.00) to Five hundred thousand

pesos (P500,000.00), whichever is higher, confiscation of

breeders,

spawners,

eggs

or

fry,

suspension

or

revocation

of

license for commercial fishing and/or

registration as exporter.

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

punished by imprisonment of eight (8) years to ten (10)

years, confiscation of breeders, spawners, eggs or fry, a

fine

equivalent

to

twice

the

amount

of

the

administrative fine, revocation of the fishing license,

and/or

suspension

or

revocation

of

registration

as

exporter.

Section 105. Importation or Exportation of Fish or Fishery

Species. – Any importation or exportation of fish or

fishery species in violation of this Code shall be unlawful.

Failure

on

the

part

of

the shipping or forwarding

company from whose possession the fish or fishery

species imported or exported are discovered or seized to

fully

cooperate

in

the

investigation

conducted

by

concerned

government

authorities

shall

create

a

presumption that there is connivance or conspiracy

between the shipping company and the shipper to

perpetrate the aforementioned offense.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine of

five (5) times the value of the species or Three hundred

thousand pesos (P300,000.00) to Five hundred thousand

pesos (P500,000.00), whichever is higher, and forfeiture

and/or destruction of the species.

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

punished with eight (8) years of imprisonment and fine

of

twice

the

administrative

fine,

forfeiture

and/or

destruction of the species: Provided, That offenders shall

be banned from being members or stockholders of

companies currently engaged in fisheries or companies

to be created in the future, the guidelines for which shall

be promulgated by the Department.

Section 106. Violation of Harvest Control Rules. – It shall

be unlawful for any person to fish in violation of harvest

control rules as determined by the Department.

Upon a summary finding of administrative liability, the

offender shall be punished with confiscation of catch

and

fishing

gear,

revocation

of

license

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 the catch or One million pesos

(P1,000,000.00), whichever is higher for medium-scale

commercial fishing; and

(4) Five times the value of the catch or Five million pesos

(P5,000,000.00),

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 and a fine twice the administrative

fine,

confiscation

of

catch

and

fishing

gear,

and

revocation of license.

Section 107. Aquatic Pollution. – Aquatic pollution, as

defined in this Code, shall be unlawful.

Upon a summary finding of administrative liability, the

offender shall be punished with fine of Three hundred

thousand pesos (P300,000.00) to Five hundred thousand

pesos (P500,000.00) and an additional fine of Fifteen

thousand pesos (P15,000.00) per day until the violation

ceases and the fines are paid, the imposition of cease

and

desist

order,

closure

or

suspension

of

the

development, construction or facility, or cessation of

operations, or disconnection of water supply. The order

may be issued ex parte pending resolution of the case.

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

punished with imprisonment of six (6) years and one (1)

day to twelve (12) years and a fine twice the amount of

the administrative fine and an additional fine of Fifteen

thousand pesos (P15,000.00) per day until the violation

ceases and the fines are paid, the imposition of cease

and

desist

order,

closure

or

suspension

of

the

development, construction or facility, or cessation of

operations, or disconnection of water supply. The order

may be issued ex parte pending resolution of the case.

Section 108. Failure to Comply with Minimum Safety

Standards. – The owner and captain of a commercial

fishing vessel engaged in fishing who, upon demand by

proper authorities, fails to exhibit or show proof of

compliance with the safety standards provided in this

Code shall be liable administratively and criminally.

Upon apprehension, the fishing vessel shall be escorted

to the nearest port or landing point and prevented from

continuing with the fishing activity.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine of

One

hundred

thousand

pesos

(P100,000.00)

and

suspension or cancellation of permit or license and

impoundment of the vessel until the safety standard has

been complied with.

© 2018 Compiled by RGL

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