Section 26Sec./Art. 26

Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying, Disturbing or Possessing Resources. - It shall be unlawful for any person to actually or attempt to hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living or nonliving, or products derived therefrom. The unauthorized entry of a vessel in the TRNP shall be prima facie evidence of violation of this section.

Violations of this section shall be punished as follows:

(a)Where the offender uses explosives, noxious or poisonous substances, the penalty shall be imprisonment ranging from six (6) years and one (1) day to twelve (12) years without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life; fine ranging from Three hundred thousand pesos (P300,000.00) to Five hundred thousand pesos (P500,000.00). The TPAMB shall also impose administrative fine ranging from Three hundred thousand pesos (P300,000.00) to Five hundred thousand pesos (P500,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels.

The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, in any vessel or in the possession of any person within the TRNP shall constitute prima facie evidence that the same was used in violation of this Act. The discovery of resources caught, taken, killed, removed, gathered or destroyed with the use of explosives, noxious or poisonous substances in any vessel or in the possession of any person within the TRNP shall constitute prima facie evidence of violation of this Act.

(b)Where the offender merely possesses explosive, noxious or poisonous substances within the TRNP, the punishment shall be imprisonment ranging from four (4) years and two (2) months and one (1) day to six (6) years; fine ranging from One hundred thousand pesos (P 100,000.00) to Three hundred thousand pesos (P300,000.00). The TPAMB shall also impose administrative fine ranging from One hundred thousand pesos (P100,000.00) to Three hundred thousand pesos (P300,000.00); and confiscation and forfeiture of the resources subject of the offense, equipment, gears and vessels.

(c)Where the offender takes, removes, fishes, gathers, kills, destroys or possesses corals, except for scientific or research purposes authorized by the TPAMB, the penalty shall be imprisonment ranging from six (6) years and one (1) day to twelve (12) years; fine ranging from One hundred thousand pesos (P100,000.00) to Two hundred fifty thousand pesos (P250,000.00). The TPAMB shall also impose administrative fine ranging from One hundred thousand pesos (P100,000.00) to Two hundred fifty thousand pesos (P250,000.00); and confiscation and forfeiture of the corals subject of the offense, equipment, gears and vessels.

(d)Where the offender uses any fishing gear or method that destroys coral reefs, seagrass beds or other marine life habitats as may be determined by this Act, the TPAMB, other laws, the Department of Agriculture, or the DENR, the operator, boat captain, master fisherman, and recruiter or organizer of fishworkers involved shall suffer a penalty of six (6) years and one (1) day to twelve (12) years imprisonment; fine of not less than One hundred thousand pesos (P100.000.00) to Five hundred thousand pesos (P500,000.00); forfeiture of catch, fishing equipment, gears and vessels. The TPAMB shall also impose administrative fine ranging from Four hundred thousand pesos (P400,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of catch, fishing equipment, gears and vessels.

Muro-ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine (pangulong), Danish seine (hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot, patangko, bira-bira, buli-buti, hulahoop, zipper, lampornas, etc.), ring net (kubkob, pangulong, kalansisi), drive-in net (kayakas), round haul seine (sapyaw, lawag), motorized push net (sudsod), bagnet (basnig, saklit), or any of their variations, are hereby declared destructive fishing methods or gears under this provision.

(e)Where the offender gathers or removes pebbles, stones, rocks, sand or other materials or otherwise engages in the quarrying or dredging of any portion of the TRNP, the penalty shall be six (6) years and one (1) day to twelve (12) years imprisonment; fine of not less than One hundred thousand pesos (P100.000.00) to Two hundred fifty thousand pesos (P250,000.00). The TPAMB shall also impose administrative fines ranging from One hundred thousand pesos (P100,000.00) to Seven hundred fifty thousand pesos (P750,000.00); and confiscation and forfeiture of the substance taken, and equipment and vessels used in the commission of the violation.

(f)Where the subject of the offense are protected species as denned in this Act, the penalty shall be imprisonment of twelve (12) years to twenty (20) years; fine of Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) for every threatened or endangered organism subject of the offense; forfeiture of the catch, equipment, gears and vessels; and cancellation of fishing permit. The TPAMB shall also impose administrative fine ranging from Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) for every threatened or endangered organism subject of the offense; and confiscation and forfeiture of catch, equipment, gears and vessels.

(g)Where the violations of this section are not covered by the preceding paragraphs, the penalty shall be imprisonment of three (3) years to six (6) years; fine of not less than One hundred thousand pesos (P100,000.00) but not more than Three hundred thousand pesos (P300,000.00); and forfeiture of the catch, equipment, gears and vessels; and cancellation of permit that makes it possible for the offender to commit the offense. The TPAMB shall also impose administrative fine ranging from Three hundred thousand pesos (P300,000.00) to One million pesos (P1,000,000.00); and confiscation and forfeiture of catch, equipment, gears and vessels.