Article 128p. 128

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Section 122. Falsifying, Concealing or Tampering with

Vessel Markings, Identity or Registration. – It shall be

unlawful for any person to falsify, conceal vessel identity

or

lack

of

registration

or

tamper

with

the

vessel

markings, identity or registration.

Upon a summary finding of administrative liability, the

offender shall be imposed the penalty of confiscation of

catch and suspension or cancellation of license and an

administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing

or community service in case of failure to pay the fine;

(2)

One

hundred

thousand

pesos

(P100,000.00)

for

small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-scale

commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale

commercial fishing.

In case of violation by distant water fishing vessels, the

administrative fine shall be twice the amount indicated

above.

Upon conviction by a court of law, the offender shall

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

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

the

administrative

fine,

confiscation

of

catch

and

suspension or cancellation of license.

Section

123.

Concealing, Tampering or Disposing of

Evidence Relating to an Investigation of a Violation. – It

shall be unlawful for any person to conceal, tamper or

dispose

evidence

relating

to

an

investigation

of

a

violation.

Upon a summary finding of administratively liability, the

offender

shall

be

punished

with

suspension

or

cancellation of license and an administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing

or community service in case of failure to pay the fine;

(2)

One

hundred

thousand

pesos

(P100,000.00)

for

small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-scale

commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale

commercial fishing.

In case of violation by distant water fishing vessels, the

administrative fine shall be twice the amount indicated

above.

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

imposed the penalty of imprisonment from five (5) years

to

ten (10) years and fine equivalent to twice the

administrative fine, and suspension or cancellation of

the license.

Section 124. Noncompliance with the Requirements for

the Introduction of Foreign or Exotic Aquatic Species. – It

shall be unlawful to import, introduce, or breed, foreign

or exotic aquatic species without the conduct of risk

analysis and prior approval of the Department.

Upon a summary finding of administrative liability, the

offender shall be punished with a fine of Two hundred

thousand

pesos

(P200,000.00)

to

Six

million

pesos

(P6,000,000.00) and confiscation and destruction of the

foreign or exotic species. Should the species become

invasive and result to predation of native aquatic biota,

loss of income or damage to the habitat, the offender

shall bear the costs of containment, eradication and/or

restoration.

Upon conviction by a court of law the offender shall

suffer the penalty of imprisonment of six (6) years to (12)

years and fine from Four hundred thousand pesos

(P400,000.00) to Twelve million pesos (P12,000,000.00),

confiscation of foreign or exotic species and the costs for

containment, eradication or restoration.

Section

125.

Failure to Comply with Standards and

Trade-Related Measures. – It shall be unlawful for any

person to fail to comply with standards for weights,

volume, quality and other requirements for all fishery

transactions

and

trade

and

trade-related

measures

prescribed by the Department.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine of

Fifty thousand pesos (P50,000.00) to Two million pesos

(P2,000,000.00), depending on the seriousness, extent

and

volume

of trade associated with the violation,

confiscation of the shipment or fishery products and

suspension or revocation of registration or license.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from six (6) months

to two (2) years and a fine from One hundred thousand

pesos

(P100,000.00)

to

Four

million

pesos

(P4,000,000.00) depending on the seriousness, extent

and

volume

of trade associated with the violation,

confiscation of the shipment or fishery products and

suspension or revocation of registration or license.

Section 126. Possessing, Dealing in or Disposing Illegally

Caught or Taken Fish. – It shall be unlawful to ship,

commercially transport, offer for sale, sell, import, export,

or have custody, control, or possession of, or to deal in or

in any manner dispose of any fish or species caught,

taken or retained in violation of this Code.

The discovery of any fish or species caught with the use

of explosives or noxious or poisonous substances shall

constitute a prima facie presumption that the possessor,

seller,

fish dealer, transporter, importer, or exporter

thereof has knowledge that the fish or species was

caught or taken in violation of this Code.

Upon a summary finding of administrative liability, the

offender shall be punished with an administrative fine of

Fifty

thousand

pesos

(P50,000.00)

to

Two hundred

thousand pesos (P200,000.00) or five (5) times the value

of fish or species, whichever is higher, and confiscation

of the same.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from six (6) months

to two (2) years, and fine of eight (8) times the value of

the

species

or from One hundred thousand pesos

(P100,000.00)

to

Five

hundred

thousand

pesos

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

the fish or fishery products and suspension or revocation

of registration or license.

Section

127.

Unauthorized

Disclosure

of

Sensitive

Technical Information. – Data from the vessel monitoring

system or vessel monitoring measure and other related

data arising therefrom shall be considered as sensitive

technical information. Any unauthorized disclosure of

said data including all other data referred to in Section

155 in this Code, by any person shall be penalized with

imprisonment of six (6) months and one day to six (6)

years, removal from office and forfeiture of all retirement

benefits, where applicable.

Section

128.

Other

Violations.

–

In

addition to the

prohibitions

in

this

Code,

the

Department,

in

© 2018 Compiled by RGL

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