Article 126p. 126

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Upon conviction by a court of law, the offender shall

suffer the penalties of imprisonment from one (1) month

and one (1) day to six (6) months and a fine of twice the

amount

of

the

administrative

fine,

suspension

or

cancellation of permit or license and impoundment of

the vessel until the safety standard has been complied

with.

Section 109. Failure to Submit a Yearly Report on All

Fishponds, Fish Pens and Fish Cages. – It shall be

unlawful for owners and operators of fishponds, fishpens

and fish cages to fail to submit an annual report to the

Department pursuant to Section 57 of this Code.

Upon summary finding of administrative liability, the

owner of the fishpond, fishpen or fish cage shall be

imposed a fine of Five thousand pesos (P5,000.00) per

unreported hectare. In case the fishpond is covered by

FLA, nonsubmission of a report for two (2) consecutive

years shall result to its cancellation.

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

punished with twice the amount of the administrative

fine.

Section 110. Gathering and Marketing of Shell Fishes or

Other Aquatic Species. – It shall be unlawful for any

person

to

gather,

take,

sell,

transfer,

possess,

commercially transport, export, forward or ship out any

sexually

mature

shell fish or other aquatic species

identified by the Department, or below the minimum

size, or above the maximum quantities prescribed for

the species. Other parameters for the protection of

heavily traded aquatic species may be promulgated by

the Department.

Upon a summary finding of administrative liability, the

penalty of an administrative fine equivalent to the value

of the species or Fifty thousand pesos (P50,000.00),

whichever is higher, and confiscation of the same,

cancellation of permit or license shall be imposed upon

the offender.

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

punished by imprisonment from one (1) month and one

(1) day to six (6) months and fine equivalent to twice the

amount of the administrative fine, and cancellation of

the permit or license.

Section 111. Obstruction to Navigation or Flow or Ebb of

Tide in any Stream, River, Lake or Bay. – It shall be

unlawful

for

any

person

to

cause

obstruction

to

navigation or flow or ebb of tide.

Upon a summary finding of administrative liability, the

offender shall be punished with a fine of Two hundred

thousand pesos (P200,000.00) and the dismantling of

the obstruction, fish corrals/traps, fish pens or fish cages

at the expense of the offender.

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

punished with imprisonment from one (1) month and

one (1) day to six (6) months and fine of twice the

amount of the administrative fine, confiscation of stocks

and dismantling of the obstruction, fish corrals/traps,

fish pens or fish cages at the expense of the violator.

Section

112.

Noncompliance

with

Good Aquaculture

Practices. – Fishery operations involving the breeding

and farming of fish and other fishery species shall

comply

with

good

aquaculture

practices

and

the

guidelines

for

environmentally-sound

design

and

operation

for

the

sustainable

development

of

the

aquaculture industry which shall be promulgated by the

Department.

Upon a summary finding of administrative liability, the

offender who commits any violation of the rules and

regulations, or provisions thereof, shall be punished with

an

administrative

fine

of

Ten

thousand

pesos

(P10,000.00)

to

One

hundred

thousand

pesos

(P100,000.00) per day until the violation ceases and the

fines are paid.

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

punished with imprisonment of three (3) years and fine

of twice the amount of the administrative fine.

Section

113.

Commercial

Fishing

Vessel

Operators

Employing Unlicensed Fisherfolk, Fishworker or Crew. –

(a) The owner or operator of a commercial fishing vessel

employing unlicensed fisherfolk or fishworker or crew

shall, upon a summary finding of administrative liability,

be fined Four thousand pesos (P4,000.00) for each

unlicensed

fisherfolk

or

fishworker

or

crew

and

suspension

or

revocation

of license for commercial

fishing.

(b) It shall likewise be unlawful for Philippine flagged

fishing vessels engaged in distant water fishing to

employ unlicensed fisherfolk or fishworker or crew.

The owner and operator of the distant water fishing

vessel,

upon

a

summary

finding

of

administrative

liability, shall be fined Forty thousand pesos (P40,000.00)

for each unlicensed fisherfolk, fishworker or crew and

suspension or cancellation of license.

The owner and operator of the commercial fishing vessel

or distant water fishing vessel shall upon conviction by a

court of law, be fined with twice the amount of the

administrative fine and suspension or cancellation of

license.

Section 114. Obstruction of Defined Migration Paths. – It

shall be unlawful for any person to obstruct any defined

migration path of anadromous, catadromous and other

migratory species.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine of

One hundred fifty thousand pesos (P150,000.00) to Five

hundred thousand pesos (P500,000.00), dismantling of

the obstruction at the expense of the offender, and the

suspension or revocation of the permit or license.

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

punished with imprisonment of seven (7) years to twelve

(12)

years

and

fine

of

twice

the

amount

of

the

administrative fine, dismantling of the obstruction at the

expense

of

the

offender,

and

the

suspension

or

revocation of the permit or license.

Section 115. Obstruction to Fishery Law Enforcement

Officer. – The fishing vessel owner, master or operator or

any other person acting on behalf of any fishing vessel

who

assaults, resists, intimidates, harasses, seriously

interferes with, or unduly obstructs or delays a fishery

law

enforcement

officer,

authorized

inspector

or

observer, the deputized fishwarden of the LGU, or any

lawfully-boarding government officers, in the exercise of

their duties shall be penalized under this Code. Any

person who does not allow any authorized officer or an

observer to exercise any of the legal duties shall be

deemed to be obstructing that officer or person.

Upon a summary finding of administrative liability, the

offender shall be punished with cancellation of license or

permit and an administrative fine of One million pesos

(P1,000,000.00) for fishing vessels operating in Philippine

waters or Two million pesos (P2,000,000.00) for fishing

vessels operating beyond Philippine waters.

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

punished with imprisonment from six (6) months to two

© 2018 Compiled by RGL

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