REPUBLIC ACT NO.
8485 compliance with the conditions imposed
AN ACT TO PROMOTE ANIMAL
WELFARE IN THE PHILIPPINES,
OTHERWISE KNOWN AS “THE ANIMAL
WELFARE ACT OF 1998”
Be it enacted by the Senate and House of
Representatives of the Philippines in
Congress assembled.
SECTION 1. It is the purpose of this Act to
protect and promote the welfare of all
animals in the Philippines by supervising
end regulating the establishment and
operations of all facilities utilized for
breeding, maintaining, keeping, treating or
training of all animals either as objects of
trade or as household pets. For purposes of
this Act, pet animals shall include birds.
SECTION 2. No person, association,
partnership, corporation, cooperative or any
government agency or instrumentality
including slaughter houses shall establish,
maintain and operate any pet shop, kennel,
veterinary clinic, veterinary hospital,
stockyard, corral, stud farm or zoo for the
breeding, treatment, sale or trading, or
training of animals without first securing
from the Bureau of Animal Industry a
certificate of registration
therefore.The certificate shall be issued
upon proof that the facilities of such
establishment for animals are adequate,
clean end sanitary and will not be used for
nor cause pain and/or suffering to the
animals. Thecertificate shall be valid for a
period of one (I) year unless earlier
cancelled for just cause before the
expiration of its term by the Director of the
Bureau of Animal Industry and may be
renewed from6 year to year upon
hereunder. The Bureau shall charge
reasonable fees for the issuance or renewal
of such certificate.
The condition that such facilities be
adequate, clean and sanitary, and that they
will not be used for nor cause pain and/or
suffering to the animals is a continuing
requirement for the operation of these
establishments. The Bureau may revoke or
cancel such certificate of registration for
failure to observe these conditions and
other just cause.
SECTION 3. The Director of the Bureau of
Animal Industry shall supervise and regulate
the establishment, operation and
maintenance, of pet shops, kennels,
veterinary clinics, veterinary hospitals,
stockyards, corrals, stud farms and zoos
and any other form or structure for the
confinement of animals where they are
bred, treated, maintained, or kept either for
sale or trade or for training purposes as well
as the transport of such animals in
any form of public or private transportation
facility, in order to provide maximum comfort
while in transit and minimized, if not totally
eradicate, incidence of sickness and death
and prevent any cruelty from being inflicted
upon the animals.
The Director may call upon any Government
agency for assistance consistent with its
powers, duties and responsibilities for the
purpose of ensuring the effective and
efficient implementation of this Act and the
rules and regulations promulgated
thereunder.
It shall be the duty of such government
agency to assist said Director when called
upon for assistance using any available The Committee shall be composed of the
fund in it budget for the purpose. official representatives of the following:

SECTION 4. It shall be the duty of any 1. The Department of Interior and Local
owner or operator of any land, air or water Government (DILG);
public utility transporting pet, wildlife and all 2. Department of Education, Culture and
other animals to provide in all cases Sports (DECS)
adequate, dean and sanitary facilities for 3. Bureau of Animal Industry (BAI) of the
sale conveyance and delivery thereof to Department of Agriculture (DA)
their consignee at the place of consignment. 4. Protected Areas and Wildlife Bureau
They shall provide sufficient food and water (PAWB) of the Department of Environment
for such animals while in transit for more and Natural Resources (DENR)
than twelve (12) hours or whenever 5. National Meat Inspection Commission
necessary (NMIC) of the DA
6. Agriculture Training Institute (ATI) of DA
No public utility shall transport any such 7. Philippine Veterinary Medical
animals without a written permit form the Association
Director of the Bureau of Animal Industry or 8. Veterinary Practitioners Association of
his/her authorized representative. No cruel the Philippines (VPAP)
confinement or restraint shall be made on 9. Philippine Animal Hospital Association
such animals while being transported. (PA HA)
10. Philippine Animal Welfare Society
Any form, of cruelty shall be penalized even (PAWS)
if the transporter has obtained a permit from 11. Philippine Society for the Prevention of
the Director of the Bureau of Animal Cruelty to Animals (PSPCA)
Industry. Cruelty in transporting includes 12. Philippine Society of Swine Practitioners
overcrowding, placing of animals in the (PSSP)
trunks or under the hood trunks of vehicles. 13. Philippine College of Canine
Practitioners (PCCP)
SECTION 5. There is hereby created a 14. Philippine Society of Animal Science
Committee on Animal Welfare attached to (PSAS)
the Department of Agriculture which shall,
subject to the approval of the Secretary of The Committee shall be chaired by a
the Department of Agriculture, issue the representative coming from the private
necessary rules and regulation for the strict sector and shall have two (2) vice-
implementation of the provisions of this Act, chairpersons composed of the
including the setting of safety and sanitary representative of BAI and another from the
standards, within thirty (30) calendar days private sector.
following its approval. Such guidelines shall
be reviewed by the Committee every three The Committee shall meet quarterly or as
years from its implementation or whenever often as the need arises. The Committee
necessary. members shall not receive any
compensation but may receive reasonable
honoraria from time to time.

SECTION 6. It shall be unlawful for any
person to torture any animal, to neglect to
provide adequate care, sustenance or
shelter, or maltreat any animals or to
subject any dog or horse to dogfights or
horse fights, kill or cause or procure to be
tortured or deprived of adequate care
sustenance or shelter, or maltreat or use the
same in research or experiments not
expressly authorized by the Committee on
Animal welfare.
The killing of any animal other than cattle,
pigs, goats, sheep, poultry, rabbits,
carabao, horse, deer and crocodiles is
likewise hereby declared unlawful except in
the following instances:
1. When it is done as part of the religious
rituals of an established religion or sect or
ritual required by ethnic custom of
indigenous cultural communities: however,
leaders shall keep records in cooperation
with the Committee on Animal Welfare;
2. When the pet animal is afflicted with an
incurable communicable disease as
determined and certified by a duly licensed
veterinarians;
3. When the killing is deemed necessary to
put an end to the misery suffered by the
animal as determined and certified by a duly
licensed veterinarian;
4. When it is done to prevent an imminent
danger to the life or limb of a human being;
and
5. When done for the purpose of animal
population control;
6. When animal is killed after it has been
used in authorized research or experiments;
and
7. Any other ground analogous to the
foregoing as determined and certified by a
licensed veterinarian.
In all the above mentioned cases, including
those of cattle, pigs, goats, sheep, poultry,
rabbits, carabao, hones, deer and
crocodiles, the killing of the animals shall be
done through humane procedures at all
times.
For this purpose, humane procedures shall
means the use of the most scientific
methods available as may be determined
and approved by the Committee.
Only those procedures approved by the
Committee shall be used in killing of
animals.
SECTION 7. It shall be the duty of every
person to protect the natural habitat of the
wildlife. The destruction of said habitat shall
be considered as a form of cruelty to
animals and its preservation is a way of
protecting the animals.
SECTION 8. Any person who violate, any of
the provisions of this Act shall, upon
conviction by final judgment, be punished by
imprisonment of not less than six (6) months
nor more than two (2) years or a fine of not
less than One thousand pesos (P1,000) nor
more than Five thousand pesos (P5,000) or
both at the discretion of the court. If the
violation is committed by a juridical person,
the officer responsible therefore shall serve
the imprisonment when imposed. If violation
is committed by an alien, he or she shall be
immediately deported after serviced
sentence without any further proceedings.
SECTION 9. All laws, acts, decrees,
executive orders, rules, and regulations
inconsistent with the provisions of this Act
are hereby repealed or modified
accordingly.

SECTION 10. This Act shall take effect

fifteen (15) days after its publication in at
least two (2) newspapers of general
circulation.

Approved:

JOSE DE VENECIA, JR.

Speaker of the House of Representatives

NEPTALI A. GONZALES
President of the, Senate

This Act, which is a consolidation of Senate

Bill no. 2120 and House Sill No. 9274 was
finally passed by the Senate and the House
of Representatives on February 3, 1998 and
February 2,1998, respectively. REPUBLIC ACT NO. 9482 “Anti-Rabies
Act of 2007”

ROBERTO P. NAZARENO AN ACT PROVIDING FOR THE CONTROL

Secretary General, House of AND ELIMINATION OF HUMAN AND
Representatives ANIMAL RABIES, PRESCRIBING
PENALTIES FOR VIOLATION THEREOF
HEZEL P. GACUTAN AND APPROPRIATING FUNDS
THEREFOR
Secretary of the Senate
Begun and held in Metro Manila, on
Monday, the Nineteenth day of February,
Approved: Two Thousand Seven.
February 11, 1998 Be it enacted by the Senate and the House
of Representatives of the Philippines
FIDEL V. RAMOS in Congress assembled:
President of the Philippines
Section 1. Title. - This Act shall be known
THE PRECEDING ARTICLE WAS COPIED
as the “Anti-Rabies Act of 2007”.
FROM THE ORIGINAL REPUBLIC ACT
8485 Sec. 2. Declaration of Policy. - It is the
declared policy of the State to protect
and promote the right to health of the
people. Towards this end, a system for the
control, prevention of the spread, and
eventual eradication of human and animal vaccines or Rabies immunoglobulin, by a
Rabies shall be provided and the need trained doctor or nurse under the
for responsible pet ownership established. supervision of a qualified medical
practitioner.
Sec. 3. Definition of Terms. - For the (m) Rabies Vaccination of Dogs refers to
purpose of this Act, the following terms the inoculation of a Dog with a Rabies
shall mean: vaccine by a licensed government or
(a) Bitten refers to an act by which a Dog privateveterinarian or trained individual
seizes, cuts or grips with its teeth so that under the direct supervision of a licensed
the skin of a person has been wounded, veterinarian. The services of the said
pierced or scratched. trainedindividual shall be limited only to
(b) Concerned Officials refers to barangay Rabies Vaccination Injection in Dogs and
officials, health workers, police officers only during government mass vaccination
or government veterinarians. campaigns.
(c) Direct Supervision refers to range (n) Post-exposure Treatment (P.E.T) refers
supervision where physical presence of to an anti-Rabies treatment
the veterinarian within the barangay is administered after an exposure to Rabies,
necessary. which include local wound care, Rabies
(d) Dog refers to a common quadruped vaccine, with or without anti-Rabies
domestic animal belonging to the immunizing agent.
order carnivora (male or female), (o) Pre-exposure Prophylaxis (P.E.P.) refers
scientifically known as canis familiaris. to Rabies vaccination administered before
(e) Euthanasia refers to the process of an exposure to Rabies to those who are at
painless death to Dogs and other animals. high risk of getting Rabies.
(f) Impound refers to seize and hold in the (p) Stray Dog refers to any Dog leaving its
custody of the law. Owner’s place or premise and no
(g) Owner refers to any person keeping, longer under the effective control of the
harboring or having charge, care or Owner.
control of a Dog including his/her (q) Veterinary or Human Barbiturates refer
representative. to drugs that depress the function of
(h) Pound refers to a public enclosure for the central nervous system.
stray animals.
(i) Public Place refers to any place open to Sec. 4. National Rabies Prevention and
the public like parks, malls, markets, streets, Control Program. - It is hereby mandated
etc. that there shall be a National Rabies
(j) Rabies refers to a highly fatal disease Prevention and Control Program to be
caused by a lyssa virus, transmitted implemented by a multi-agency/multi-
mainly through the bite of an infected animal sectoral committee chaired by the Bureau of
and is characterized by muscle Animal Industry of the Department of
paralysis, hydrophobia and aerophobia, and Agriculture. The program shall be a multi-
other neurological manifestations. agency effort in controlling and eliminating
(k) Rabies transmission refers to the Rabies in the country. Among its component
transmission or passage of the Rabies activities include:
virus through a bite by an infected animal, (1) mass vaccination of Dogs;
or through contamination with virus-laden (2) establishment of a central database
saliva on breaks in the skin and of mucous system for registered and vaccinated Dogs;
membranes such as the eyes, the lips, (3) impounding, field control and disposition
the mouth, or the genital organs. of unregistered, Stray and
(l) Rabies Vaccination/Immunoprophylaxis unvaccinated Dogs;
of Humans refers to the inoculation (4) conduct of information and education
of humans, with modern day rabies campaign on the prevention and control
of Rabies; government agencies, which shall jointly
(5) provision on pre-exposure treatment to implement the National Rabies Prevention
high risk personnel and Post and Control Program, shall be tasked to:
ExposureTreatment to animal bite victims; A. Department of Agriculture
(6) provision of free routine immunization or (1) Improve and upgrade existing animal
Pre-Exposure Prophylaxis (P.E.P.) Rabies laboratory diagnostic capabilities
of schoolchildren aged five to fourteen in to ensure better services to the people.
areas where there is high incidence of (2) Ensure the availability and adequate
rabies as well as the encouragement of the supply of animal anti-Rabies vaccine at
practice of responsible pet ownership; all times.
(7) The program shall be implemented by (3) Undertake free anti-Rabies Vaccination
the Department of Agriculture of Dogs giving priority to high
(DA), Department of Health (DOH), risk depressed areas.
Department of the Interior and Local (4) Maintain and improve animal Rabies
Government (DILG) and Department of surveillance system.
Education (DepEd), as well as Local (5) Establish and maintain Rabies free zone
Government Units (LGUs) with the in coordination with the LGUs.
assistance of the Department of (6) Immediately facilitate for the approval of
Environment and Natural the sale and use of Veterinary and
Resources (DENR), Non-Governmental Human Barbiturate drugs and veterinary
Organizations (NGOs) and People’s euthanasia drugs by the DOH and the
Organizations (POs). Philippine Drug Enforcement Agency
(PDEA).
Sec. 5. Responsibilities of Pet Owner. - (7) Strengthen the training of field personnel
All Pet Owners shall be required to: and the Information Education
(a) Have their Dog regularly vaccinated and Communication (IEC) activities on
against Rabies and maintain a Rabies prevention and control and
registration card which shall contain all responsiblepet ownership.
vaccinations conducted on their Dog, for (8) Conduct research on Rabies and its
accurate record purposes. control in coordination with other agencies.
(b) Submit their Dogs for mandatory (9) Formulate minimum standards and
registration. monitor the effective implementation of
(c) Maintain control over their Dog and not this Act.
allow it to roam the streets or any (10) Encourage collaborative activities with
Public Place without a leash. the DOH, DepEd, DILG, DENR, NGOs, POs
(d) Be a responsible Owner by providing and other concerned sectors.
their Dog with proper grooming, B. Department of Health
adequate food and clean shelter. (1) Ensure the availability and adequate
(e) Within twenty-four (24) hours, report supply of DOH pre-qualified human
immediately any Dog biting incident to AntiRabies vaccine in animal bite treatment
the Concerned Officials for investigation or centers at all times and shall coordinate
for any appropriate action and place with other implementing agencies and
such Dog under observation by a concerned NGOs for this purpose.
government or private veterinarian. (2) Provide Post-Exposure Treatment at the
(f) Assist the Dog bite victim immediately minimum expense to individuals bitten by
and shoulder the medical expenses animals suspected of being rabid which will
incurred and other incidental expenses consist of the initial vaccine
relative to the victim’s injuries. and immunoglobulin dose.
(3) Provide Pre-Exposure Treatment to
Sec. 6. Responsibilities of Government high-risk personnel, such as, but not
Agencies. - The following limited to, laboratory staff,veterinarians,
animal handlers, vaccinators and other (6) Enact additional local ordinances that
persons working with Rabies virus for free. will support the National Rabies
(4) Coordinate with the DA in the Prevention and Control Program that should
development of appropriate health include the regulation of treatment locally
education strategy to inform the public on known as “tandok.”
Rabies prevention and control and (7) Prohibit the trade of Dogs for meat.
responsible pet ownership. (8) With respect to cities and first class
(5) Develop and maintain a human Rabies municipalities, establish and maintain a
surveillance system.(6) Encourage Dog Pound where Impounded Dogs shall be
collaborative activities with the DA, DepEd, kept, in accordance with Section 9
DILG, DENR, NGOs, POs and other herein: Provided, That the other
concerned sectors. municipalities, shall, on their own, establish
(7) Immediately approve the registration of a Dog Pound or opt to share the expense of
Veterinary and Human Barbiturate establishing and maintaining a Dog Pound
drugs and veterinary euthanasia drugs in with other adjoining municipalities and/or
coordination with the PDEA. with private animal shelters and control
C. Department of Education facilities.
(1) Strengthen Rabies education program (9) Prohibit the use of electrocution as a
through school health teaching/curriculum. euthanasia procedure.
(2) Assist in the Dog mass immunization (10) Appoint a veterinarian and establish a
campaigns in the community. veterinary office in every province, city
(3) Encourage collaborative activities with and first-class municipality: Provided, That
the DA, DOH, DILG, DENR, NGOs, the other municipalities shall, on their own,
POs and other concerned sectors. opt to share the expense of having a
(4) Integrate proper information and veterinary office.
education on responsible pet ownership in (11) Require pet shops to post information
the relevant subjects in the Elementary and regarding Rabies and responsible
High School levels. pet ownership.
(12) For purposes of ensuring the
Sec. 7. Responsibilities of the LGUs. - administrative feasibility of implementing
LGUs, in their respective localities, shall: the provisions of this Act and subject to
(1) Ensure that all Dogs are properly paragraph 8 of this Section, the LGU shall
immunized, registered and issued a collect the fines imposed under Section 11
corresponding Dog tag for every immunized subparagraphs (1). (3), (4), (5) and (6)
and registered Dog. hereof. Any and all fines collected pursuant
(2) Strictly enforce Dog Impounding to this Act shall be used for the
activities and field control to eliminate enhancement of the National Rabies
Stray Dogs. Prevention and Control Program within the
(3) Ensure that Dogs are leashed or locality concerned, as well as the
confined within the premises of the achievement of the objectives envisioned in
Owner’s house or Owner’s fenced this Act.The DILG shall ensure compliance
surroundings. of these responsibilities by the LGUs.
(4) Allocate funds to augment the
implementation of the National Rabies Sec. 8. Assistance of NGOs and the
Prevention and Control Program, Academe. - The agencies tasked to
particularly on the financing of supplies and implement the anti-Rabies program shall
human and Dog vaccines needed for seek the assistance and participation of
immunization. NGOs in any of the following activities:
(5) Ensure the enforcement of Section 6 of (1) Community mobilization.
Republic Act No. 8485 or “The (2) Health education/information
Animal Welfare Act of 1998”. dissemination on Rabies and responsible
pet ownership.
(3) Mass anti-Rabbies campaign
(4) Promotion of the anti-Rabies campaign
during pet or any animal shows.
(5) Surveillance/reporting of Rabies cases in
animals and humans.
(6) Any other activities geared towards the
prevention and complete eradication
of Rabies.
Sec. 9. Impounding Field Control and
Disposition of Unregistered, Stray
and Unvaccinated Dogs. - Unregistered,
Stray or unvaccinated Dogs shall be put in
Dog Pounds and disposed of, taking into
consideration the following guidelines:
(1) Unregistered, Stray or unvaccinated
Dogs shall be impounded and kept in
the LGU’s designated Dog Pound.
(2) Impounded Dogs not claimed after three
days from the Dog Pound shall be placed
for adoption to qualified persons, with the
assistance of an animal welfare NGO, when
feasible, or otherwise disposed of in any
manner authorized, subject to the pertinent
provisions of Republic Act No. 8485,
otherwise known as the “Animal Welfare Act
of 1998”.
(3) A fee shall be paid by Owners of
Impounded Dogs to the LGU concerned,
pursuant to Section 7 hereof.
Sec. 10. Dog Population Control. - In
furtherance of the policy of this Act to
eradicate Rabies, there is the need to
control the Dog population and minimize the
number of unwanted Stray Dogs. As such, it
is hereby mandated:
(1) That the DA, DOH, DILG, DepEd, LGUs,
with the assistance of NGOs and POs shall
undertake an educational and promotional
campaign on responsible Pet Ownership,
including the option of spaying or neutering
their Dogs.
(2) That the LGUs shall provide an incentive
system whereby Owners of Dogs which
have been spayed or neutered will be given
a subsidized or discounted pet registration
fee.
(3) That Dogs which have been impounded
three times shall only be released
after having been spayed or neutered, at
the expense of the Pet’s Owner.
Sec. 11. Penalties. -
(1) Pet Owners who fail or refuse to have
their Dog registered and immunized
against Rabies shall be punished by a fine
of Two thousand pesos (P2,000.00).
(2) Pet Owners who refuse to have their
Dog vaccinated against Rabies shall
be liable to pay for the vaccination of both
the Dog and the individuals Bitten by
their Dog.
(3) Pet Owners who refuse to have their
Dog put under observation after said
Dog has Bitten an individual shall be meted
a fine of Ten thousand pesos (P10,000.00).
(4) Pet Owners who refuse to have their
Dog put under observation and do
not shoulder the medical expenses of the
person bitten by their Dog shall be meted a
fine of Twenty-five thousand pesos
(P25,000.00).
(5) Pet Owners who refuse to put leash on
their Dogs when they are brought
outside the house shall be meted a fine of
Five hundred pesos (P500.00) for each
incident.
(6) An impounded Dog shall be released to
its Owner upon payment of a fine of not less
than Five hundred pesos (P500.00) but not
more than One thousand
pesos (P1,000.00).
(7) Any person found guilty of trading Dog
for meat shall be fined not less than
Five thousand pesos,(P5,000.00) per Dog
and subjected to imprisonment for one to
four years.
(8) Any person found guilty of using
electrocution as a method of euthanasia
shall be fined not less than Five thousand
pesos (P5,000.00) per act and subject
to imprisonment for one to four years.
(9) If the violation is committed by an alien,
he or she shall be immediately
deported after service of sentence without
any further proceedings.
Sec. 12. Implementing Rules and
Regulations. - The DA, in coordination with
the DOH, DILG, DepEd, DENR, NGOs and
POs shall issue the necessary rules
and regulations within sixty (60) days from (Sgd.) GLORIA MACAPAGAL - ARROYO
the effectivity of this Act. President of the Philippines

Sec. 13. Appropriations. - The amount of

One hundred million
pesos (P100,000,000.00) necessary to
implement the provisions of this Act shall be
initially charged against the appropriations
of the DOH, DA, DILG and DepEd under
the General Appropriations Act. For the
LGUs, the requirements shall be taken from
their Internal Revenue Allotment and other
local funds. Thereafter, such sums as may
be necessary for its continued
implementation shall be included in the
annual General Appropriations Act.

Sec. 14. Separability Clause. - In case any

provision of this Act is
declared unconstitutional, the other
provisions shall remain in full force and
effect.

Sec. 15. Effectivity. - This Act shall take

effect fifteen (15) days after its publication in
the Official Gazette or in at least two
newspapers of general circulation,
whichever comes earlier.

Approved:
(Sgd.) MANNY VILLAR
President of the Senate

(Sgd.) JOSE DE VENECIA, JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate

Bill No. 2541 and House Bill No. 4654
was finally passed by the Senate and the
House of Representatives on February 7, [REPUBLIC ACT NO. 10631]
2007 and February 20, 2007 respectively.
AN ACT AMENDING CERTAIN SECTIONS
(Sgd.) OSCAR G. YABES OF REPUBLIC ACT NO. 8485,
Secretary of the Senate OTHERWISE KNOWN AS “THE ANIMAL
WELFARE ACT OF 1998”
(Sgd.) ROBERTO P. NAZARENO
Secretary General Be it enacted by the Senate and House of
House of Representatives Representatives of the Philippines in
Congress assembled:
Approved: May 25, 2007
SECTION 1. Section 1 of Republic Act No.
8485 is hereby amended to read as follows;
“SECTION 1. It is the purpose of this Act to
protect and promote the welfare of all
terrestrial, aquatic and marine animals in
the Philippines by supervising and
regulating the establishment and operations
of all facilities utilized for breeding,
maintaining, keeping, treating or training of
all animals either as objects of trade or as
household pets. For purposes of this Act,
pet animal shall include birds.
“For purposes of this Act, animal welfare
pertains to the physical and psychological
well-being of animals. It includes, but not
limited to, the avoidance of abuse,
maltreatment, cruelty and exploitation of
animals by humans by maintaining
appropriate standards of accommodation,
feeding and general care, the prevention
and treatment of disease and the assurance
of freedom from fear, distress, harassment,
and unnecessary discomfort and pain, and
allowing animals to express normal
behavior.”
SEC. 2. Section 6 of Republic Act No. 8485
is hereby amended to read as follows:
“SEC. 6. It shall be unlawful for any person
to torture any animal, to neglect to provide
adequate care, sustenance of shelter, or
maltreat any animal or to subject any dog or
horse to dogfights or horsefights, kill or
cause or procure to be tortured or deprived
of adequate care, sustenance or shelter, or
maltreat or use the same in research or
experiments not expressly authorized by the
Committee on Animal Welfare.
“The killing of any animal other than cattle,
pigs, goats, sheep, poultry, rabbits,
carabaos and horses is likewise hereby
declared unlawful except in the following
instances:
“x x x.”
SEC. 3. A new Section 7 is hereby inserted
after Section 6 of the same Act to read as
follows:
“SEC. 7. It shall be unlawful for any person
who has custody of an animal to abandon
the animal.
“If any person being the owner or having
charge or control of any animal shall without
reasonable cause or excuse abandon it,
whether permanently or not, without
providing for the care of that animal, such
act shall constitute maltreatment under
Section 9.
“If the animal is left in circumstances likely
to cause the animal any unnecessary
suffering, or if this abandonment results in
the death of the animal, the person liable
shall suffer the maximum penalty.
“Abandonment means the relinquishment of
all right, title, claim, or possession of the
animal with the intention of not reclaiming it
or resuming its ownership or possession.”
SEC. 4. Section 8 of Republic Act No. 8485
which shall now become Section 9 is hereby
amended to read as follows:
“SEC. 9. Any person who subjects any
animal to cruelty, maltreatment or neglect
shall, upon conviction by final judgment, be
punished by imprisonment and/ or fine, as
indicated in the following graduated scale:
“(1) Imprisonment of one (1) year and six (6)
months and one (1) day to two (2) years
and/or a fine not exceeding One hundred
thousand pesos (P100,000.00) if the animal
subjected to cruelty, maltreatment or
neglect dies;
“(2) Imprisonment of one (1) year and one
(1) day to one (1) year and six (6) months
and/or a fine not exceeding Fifty thousand
pesos (P50,000.00) if the animal subjected
to cruelty, maltreatment or neglect survives
but is severely injured with loss of its natural
faculty to survive on its own and needing
human intervention to sustain its life; and
“(3) Imprisonment of six (6) months to one
(1) year and/or a fine not exceeding Thirty
thousand pesos (P30,000.00) for subjecting
any animal to cruelty, maltreatment or
neglect but without causing its death or
incapacitating it to survive on its own.
“If the violation is committed by a juridical
person, the officer responsible thereof shall
serve the imprisonment. If the violation is
committed by an alien, he or she shall be
immediately deported after the service of
sentence without any further proceeding.
“The foregoing penalties shall also apply for
any other violation of this Act, depending
upon the effect or result of the act or
omission as defined in the immediately
preceding sections.
“However, regardless of the resulting
condition to the animal/s, the penalty of two
(2) years and one (1) day to three (3) years
and/or a fine not exceeding Two hundred
fifty thousand pesos (P250,000.00) shall be
imposed if the offense is committed by any
of the following: (1) a syndicate; (2) an
offender who makes business out of cruelty
to an animal; (3) a public officer or
employee; or (4) where at least three (3)
animals are involved.
“In any of the foregoing situations, the
offender shall suffer subsidiary
imprisonment in case of insolvency and the
inability to pay the fine.”
SEC. 5. A new Section 10 is hereby
inserted after the Section above to read as
follows:
“SEC. 10. The Secretary of the Department
of Agriculture shall deputize animal welfare
enforcement officers from nongovernment
organizations, citizens groups, community
organizations and other volunteers who
have undergone the necessary training for
this purpose. The Philippine National Police,
the National Bureau of Investigation and
other law enforcement agencies shall
designate animal welfare enforcement
officers. As such, animal welfare
enforcement officers shall have the authority
to seize and rescue illegally traded and
maltreated animals and to arrest violators of
this Act subject to the guidelines of existing
laws and rules and regulations on arrest
and detention.
“The Secretary of the Department of
Agriculture shall, upon the recommendation
of the Committee on Animal Welfare:
“(1) Promulgate the guidelines on the
criteria and training requirements for the
deputization of animal welfare enforcement
officers; and
“(2) Establish a mechanism for the
supervision, monitoring and reporting of
these enforcement officers.”
SEC. 6. If, for any reason, any provision of
this Act is declared to be unconstitutional or
invalid, the other sections or provisions
hereof which are not affected shall continue
to be in full force and effect.
SEC. 7. All laws, decrees, orders, rules and
regulations and other issuances or parts
thereof which are inconsistent with the
provisions of this Act are hereby deemed
repealed, amended or modified accordingly.
SEC. 8. This Act shall take effect after
fifteen (15) days from its publication in
the Official Gazette or in at least two (2)
newspapers of general circulation,
whichever comes earlier.
Approved: OCT 03 2013
FAQS:
1. How to report animal cruelty?
A: If you see animal cruelty in
progress (such as persons in the act
 of a 'dog katay' or selling and buying
dogs for the dog meat trade, or
inflicting harm to animals), please
report the incident immediately to
your barangay officials and/or to
police hotline 117.
PAWS needs citizens like yourself
(witnesses) to be taking steps in
filing charges so that we can prevent
this cruelty from happening again.
In order to prosecute criminals for
the violation of the Animal Welfare
Act, PAWS needs the complete
details (date, time, exact location,
people involved). If you are not
willing to execute an affidavit, please
recommend another eyewitness who
will.
Without a willing witness, no charges
can be filed.
2. How can they be charge?
A: Through affidavit complaint. Filed
with the Fiscal’s Office
3. “Maraming pusa sa bahay/ garahe/
garden/ bakuran/ condo/ office
namin. Hindi namin sila pusa. Ano
ang pwede naming gawin para
mawala sila?”
A: Ang pusang gala (feral o wild cats
o formerly-owned / dating may may-
aring pusa) ay pumupunta lamang
sa isang lugar na meron silang
mapagkukunan ng pagkain.
IMPORTANT NOTE:
Pag kinuha o itinapon ang pusa sa
ibang lugar, mapapalitan din ito ng
mga bagong pusa na papasok sa
inyong bahay/garahe/garden/
bakuran/ condo/ office dahil sa
tinatawag na “holding capacity” .
4. ANO ANG “HOLDING CAPACITY”?
A: Ito ay ang pinagkukunan ng
pagkain o tubig ng hayop – mapa-
aso, pusa o daga – sa isang lugar.
Maaaring may nagbibigay ng
pagkain, o di kaya’y may naka-
“expose” na basura na
pinagkukunan ng pagkain.
Lahat ng lugar ay may
sinusuportang hayop na nabubuhay
sa mga tira-tirang pagkain. Lahat ng
lugar ay may “holding capacity”. Sa
mga malilinis at highly-
commercialized establishments o
lugar, mas maliit ang holding
capacity kaya’t halos walang stray
cat o pusang gala sa mga ito.
Ang mga komunidad na ito ay may
mga “effective garbage-collection
and keeping systems “ (epektibong
pagkolekta ng basura) kaya’t hindi
na halos pino-problema ang stray
animals o galang hayop sa kanilang
lugar.
Sa maraming residential
neghborhoods, hindi posible ang
pag-liit ng “holding capacity” sa
kadahilanang kahit maisaayos ng
isang subdivision o barangay ang
kanilang garbage collection o
management system, hindi naman
lagging naisasaayos ng kalapit-
barangay ang problemang basura.
5. ANO ANG MABISANG PARAAN
NANG MAISAAYOS ANG
PROBLEMA?
A: Ang TNR o “Trap-Neuter-Return” ang
pinakamabisang paraan ng pag-control
ng populasyon ng mga pusa sa isang
lugar.
6. SINO ANG KUMUKUHA SA
GALANG HAYOP?
 A: Ang PAWS ay hindi kumukuha ng
mga stray dogs o cats (galang aso o
pusa). Ang City Pound o Animal
Control ng Munisipyo ang
gumagawa nito, ngunit hindi ito
permanenteng solusyon. Ang
pagkuha at pagpatay (“trap and kill”
method) na ginagawa ng City
Pounds ay paulit-ulit na nangyayari
sa kadahilanang walang malakihang
‘spay/neuter (kapon) programs’ ang
karamihan sa ating mga LGUs o
Local Government Units.
7. ANO ANG PWEDE MONG GAWIN?
A: Makipag-usap sa community
leaders (bgy captain, subdivision
president) tungkol sa TNR at
makipag-coordinate sa isang
lisensyadong beterinaryo na
marunong magkapon sa inyong
lugar na magbigay ng charity rate sa
pagkapon ng community stray cats.
8. Why Wild Animals Do Not Make
Good Pets?
A: Some people think it will be
exciting, fun or cool to keep a wild
animal as a pet. But we only have to
think of the complex environments in
which wild animals live - forests,
deserts, wide open spaces, rivers,
oceans- to know that we can’t
possibly provide for their needs in
captivity, especially in a small cage
or tank in a house or flat.
For one thing, we can never
provide them with the space they
have in the wild - the space they
need to exercise and keep healthy
and strong; the space that their
bodies are designed to live in.
Keeping wild animals in a cage or
tank, even if fairly large, means that
they are unable to act on most of
their natural instincts, such as the
need to run, fly, leap, dive, swing or
burrow into the ground.
Also, we often only have the space
to keep one animal, and depriving
social animals of contact with others
of their kind is very cruel.
Just like us, animals get bored and
frustrated when they don’t have
things to do and when they can’t act
on their natural instincts, and, in the
case of social animals, are deprived
of the company of others of their
kind.
The way that animals cope
with this boredom and frustration is
that they begin to perform strange,
repetitive behaviors, called
stereotypic behaviors, which have
no obvious function.
You may see a pet monkey rocking
from side to side, a bird on a perch
bobbing his head up and down, a
caged squirrel pacing from side to
side or running round and round in
circles. These are all stereotypic
behaviors. Some animals are so
distressed they may resort to self-
mutilation - pulling out their fur or
feathers or biting their limbs and
tails.
And if this isn’t reason
enough to not keep wild animals as
pets, keeping them can be
dangerous for us too. Several
serious diseases, called zoonotic
diseases, can be passed from wild
animals to humans, and vice versa.
Also, wild animals, no matter how
long they are kept as pets, remain
wild animals and retain their natural
instincts, and can often inflict severe
injuries through bites and scratches.
9. Is it legal to sell puppies in the
streets?
 A: Puppy mills, irresponsible
breeders and pet shops admittedly is
a huge animal welfare issue - which
PAWS currently fights through
educational campaigns informing
people why they should not buy from
these shops. If there is no one who
will buy, these "businesses" will
ultimately close down - that is the
long term goal.
It is indeed sad and horrifying
to be confronted with so much
animal cruelty places like puppy
peddlers on the streets, Cartimar,
Arranque, Tiendesitas, etc. as well
as the reality that we do have puppy
millers and irresponsible breeders
here in the Philippines. The puppy
mills may not be as big or
established as the puppy mills in the
US but they do exist, unfortunately.
You even see a lot of the small time
irresponsible breeders online in the
forums, sulit, Facebook, etc.
10. My dog (or my neighbor's dog) was
caught and was taken to the pound!
Is this right / legal? What do I do?
A: Owners whose pets were caught
roaming the streets or public places
should claim their pets
immediately.The holding period of
dogs in the pound vary depending
on the city (from 24 hours to 3 days
to 1 week). Dogs that are not
claimed within the holding period are
supposed to be humanely
euthanized. Yes, there will be a fee
to pay to claim your dog, but paying
that fee is better than paying with
your dog's life.
Under RA9482: The Anti Rabies Act,
dog catchers and employees of the
city pound are authorized to catch
strays and/or loose dogs running
around in public using humane
methods. They may also catch dogs
out in public that are not under the
control and supervision of their
owner (i.e., owned dog allowed to
roam the streets without a leash and
without his owner, owned dog is just
outside owner's gate but with no
leash).
People can write to the City Mayor
directly as the City Pound is under
the Health Services Department of
the LGU if they want to make a
formal complaint on any of the
following issues re: dog catchers
employed by the City:
1. manner of catching (inhumane) -
violates RA8485 The Animal Welfare
Act
2. disrespectful demeanor of dog
catchers
We would like to remind everyone to
please keep your pets on leash
when in public places, regardless of
size or of training. Not only is this a
responsible thing to do, it is also a
requirement stated in the RA9482:
Anti Rabies Act. Please download it
here for your reference (in PDF
format): RA9482 Anti Rabies Act of
2007
Please also keep your pets indoors
and/or make sure your home/yard/lot
is properly fenced to prevent your
pets from running out of your home
and being injured by vehicles or
picked up by dogcatchers or dog
meat traders.
It is your responsibility to keep them
safe from harm and to keep them
from harming others.
11. Who can get strays or abandoned
dogs/cats off the streets?
A: The stray dog/cat population is
actually the responsibility of the City
Vet/Pound through the City Health
Department.
You may report the strays or
abandoned animals to them. Under
RA9482 The Anti Rabies Act, strays
are to be collected humanely by
authorized catchers, impounded and
euthanized after a certain period
(which varies per city: from a few
days to a few weeks) if they are not
adopted or claimed. Why are they
euthanized? ---- This is because
your city pound only has space and
budget only for X-amount of animals.
12. Is it legal to keep exotic animals?
What can I do to help the exotic
animal in my neighbor's care?
A: The government agency tasked to
handle wildlife and exotic animal
concerns are:
PAWB Protected Areas and Wildlife
Bureau
924-6031 local 235
Complaints about exotic
animals in Metro Manila fall under
NCR Regional Office and should be
forwarded to Mr. Primo Capistrano,
Chief of PAWB. Please make sure
you have concrete information
because one will have to submit a
detailed written complaint/report
about the owner of the animal
(name, address, contact info), the
location where animal is kept, time
and place of observations, etc.
(Please send to us through email:
philpaws@paws.org.ph the name &
designation of the person you spoke
to as well as the circumstances of
the report so we can help you follow-
up.)
You may check with the
PAWB (Protected Areas and Wildlife
Bureau) at tel. # 924-6031 or DENR
at tel #. 435-2509 if the person who
has the animal has the proper
permits.
DENR and BAI-AWD (Bureau of
Animal Industry - Animal Welfare
Division) issues permits for exotic
animals for zoos, animal parks,
breeding, export, conservation and if
one is in the scientific/research field.
If person has no permit (or
even if the person has a permit but
conditions violate the Animal
Welfare Act), the animal may be
confiscated. Confiscated animals will
be confined in their Wildlife Rescue
Center but it may be better to help
educate the owner to provide
improved living conditions and care
instead.
PAWS can assist with filing charges
of animal cruelty or neglect against
the owner of the exotic animal IF the
concerned citizen reporting to PAWS
is willing to submit all information
and witness affidavit.
13. How do I travel with my pet? I am
going to the province or abroad,
going on vacation and I want to bring
my pet?
A: RA8485: THE ANIMAL
WELFARE ACT
Section 4. It shall be the duty of any
owner or operator of any land, air or
water public utilitytransporting pet,
wildlife and all other animals to
provide in all cases adequate, clean
and sanitary facilities for the safe
conveyance and delivery thereof to
their consignee at the place of
 consignment. They shall provide
sufficient food and water for such
animals while in transit for more than
twelve (12) hours or whenever
necessary. No public utility shall
transport any such animal without a
written permit from the Director of
the Bureau of Animal Industry or
his/her authorized representative.
No cruel confinement or restraint
shall be made on such animals while
being transported. Any form of
cruelty shall be penalized even if the
transporter has obtained a permit
from the Bureau of Animal Industry.
Cruelty in transporting includes
overcrowding, placing of animals in
the trunks or under the hood trunks
of the vehicles.
14. Help! Where can I report vet
malpractice? I brought my pet to a
vet for treatment but my pet died?
A: A comprehensive investigation by
a veterinarian or a team of licensed
veterinary practitioners can
determine whether there was
malpractice done by another
veterinarian in the treatment, surgery
of your pet.
This service (investigation,
necropsy) is something that we
cannot offer as PAWS only has one
vet that attends to charity cases,
emergency cases and the giving of
low-cost spay-neuter services. Due
to this workload, the PAWS vet
cannot conduct a full necropsy on all
malpractice reports.
We suggest that malpractice
cases/complaints be addressed to
the PRC (Professional Regulatory
Commission) or PVMA (Philippine
Veterinary Medical Association).
Note : It must be the aggrieved pet
owner who submits and files the
complaint (not any one else, not
even a concerned citizen).
REPUBLIC ACT NO. 9147
AN ACT PROVIDING FOR THE
CONSERVATION AND
PROTECTION OF WILDLIFE
RESOURCES AND THEIR
HABITATS, APPROPRIATING
FUNDS THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and
House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
General Provisions
SECTION 1. Title. — This Act shall
be known as the “Wildlife Resources
Conservation and Protection Act.”
SECTION 2. Declaration of Policy.
— It shall be the policy of the State
to conserve the country’s wildlife
resources and their habitats for
sustainability. In the pursuit of this
policy, this Act shall have the
following objectives:
(a) to conserve and protect wildlife
species and their habitats to
promote ecological balance and
enhance biological diversity;
(b) to regulate the collection and
trade of wildlife;
(c) to pursue, with due regard to the
national interest, the Philippine
commitment to international
conventions, protection of wildlife
and their habitats; and
(d) to initiate or support scientific
studies on the conservation of
biological diversity.
SECTION 3. Scope of Application.
— The provisions of this Act shall be
enforceable for all wildlife species
found in all areas of the country,
including protected areas under
Republic Act No. 7586, otherwise
known as the National Integrated
Protected Areas System (NIPAS)
Act, and critical habitats. This Act
shall also apply to exotic species
which are subject to trade, are
cultured, maintained and/or bred in
captivity or propagated in the
country.
administrative order, revise and
regularly update the list of species
under their respective jurisdiction. In
the Province of Palawan, jurisdiction
herein conferred is vested to the
Palawan Council for Sustainable
Development pursuant to Republic
Act No. 7611.
CHAPTER II
Definition of Terms
SECTION 5. Definition of Terms. —
As used in this Act, the term:
(a) “Bioprospecting” means the
research, collection and utilization of
biological and genetic resources for
purposes of applying the knowledge
derived therefrom solely for
commercial purposes;

SECTION 4. Jurisdiction of the (b) “By-product or derivatives”

Department of Environment and means any part taken or substance
Natural Resources and the extracted from wildlife, in raw or in
Department of Agriculture. — The processed form. This includes
Department of Environment and stuffed animals and herbarium
Natural Resources (DENR) shall specimens;
have jurisdiction over all terrestrial
plant and animal species, all turtles (c) “Captive-breeding/culture or
and tortoises and wetland species, propagation” means the process of
including but not limited to producing individuals under
crocodiles, waterbirds and all controlled conditions or with human
amphibians and dugong. The interventions;
Department of Agriculture (DA) shall
have jurisdiction over all declared (d) “Collection or collecting” means
aquatic critical habitats, all aquatic the act of gathering or harvesting
resources, including but not limited wildlife, its by-products or
to all fishes, aquatic plants, derivatives;
invertebrates and all marine
mammals, except dugong. The (e) “Conservation” means
secretaries of the DENR and the DA preservation and sustainable
shall review, and, by joint utilization of wildlife, and/or
maintenance, restoration and
enhancement of the habitat;
(f) “Critically endangered species”
refers to a species or subspecies
that is facing extremely high risk of
extinction in the wild in the
immediate future;
(g) “Economically important species”
means species which have actual or
potential value in trade or utilization
for commercial purpose;
(h) “Endangered species” refers to
species or subspecies that is not
critically endangered but whose
survival in the wild is unlikely if the
causal factors continue operating;
(n) “Import permit” refers to a permit
authorizing an individual to bring in
wildlife from another country;
(o) “Indigenous wildlife” means
species or subspecies of wildlife
naturally occurring or has naturally
established population in the
country;
(p) “Introduction” means bringing
species into the wild that is outside
its natural habitat;
(q) “Reexport permit” refers to a
permit authorizing an individual to
bring out of the country a previously
imported wildlife;

(i) “Endemic species” means species (r) “Secretary” means either or both
or subspecies which is naturally the Secretary of the Department of
occurring and found only within Environment and Natural Resources
specific areas in the country; and the Secretary of the Department
of Agriculture;
(j) “Exotic species” means species or
subspecies which do not naturally (s) “Threatened species” a general
occur in the country; term to denote species or
subspecies considered as critically
(k) “Export permit” refers to a permit endangered, endangered,
authorizing an individual to bring out vulnerable or other accepted
wildlife from the Philippines to any categories of wildlife whose
other country; population is at risk of extinction;

(l) “Gratuitous permit” means permit (t) “Trade” means the act of
issued to any individual or entity engaging in the exchange,
engaged in noncommercial scientific exportation or importation, purchase
or educational undertaking to collect or sale of wildlife, their derivatives or
wildlife; by-products, locally or
internationally;
(m) “Habitat” means a place or
environment where a species or (u) “Traditional use” means
subspecies naturally occur or has utilization of wildlife by indigenous
naturally established its population; people in accordance with written or
unwritten rules, usage, customs and
practices traditionally observed,
accepted and recognized by them;
(v) “Transport permit” means a
permit issued authorizing an
individual to bring wildlife from one
place to another within the territorial
jurisdiction of the Philippines;
(w) “Vulnerable species” refers to
species or subspecies that is not
critically endangered nor
endangered but is under threat from
adverse factors throughout their
range and is likely to move to the
endangered category in the near
future;
(x) “Wildlife” means wild forms and
varieties of flora and fauna, in all
developmental stages, including
those which are in captivity or are
being bred or propagated;
(y) “Wildlife collector’s permit”
means a permit to take or collect
from the wild certain species and
quantities of wildlife for commercial
purpose; and
(z) “Wildlife farm/culture permit”
means a permit to develop, operate
and maintain a wildlife breeding farm
for conservation, trade and/or
scientific purposes.
CHAPTER III
Conservation and Protection of
Wildlife Resources
ARTICLE ONE
General Provision
SECTION 6. Wildlife Information. —
All activities, as subsequently
manifested under this Chapter, shall
be authorized by the Secretary upon
proper evaluation of best available
information or scientific data
showing that the activity is, or for a
purpose, not detrimental to the
survival of the species or subspecies
involved and/or their habitat. For this
purpose, the Secretary shall
regularly update wildlife information
through research.
SECTION 7. Collection of Wildlife.
— Collection of wildlife may be
allowed in accordance with Section
6 of this Act: Provided, That in the
collection of wildlife, appropriate and
acceptable wildlife collection
techniques with least or no
detrimental effects to the existing
wildlife populations and their habitats
shall, likewise, be required:
Provided, further, That collection of
wildlife by indigenous people may be
allowed for traditional use and not
primarily for trade: Provided,
furthermore, That collection and
utilization for said purpose shall not
cover threatened species: Provided,
finally, That Section 23 of this Act
shall govern the collection of
threatened species.
SECTION 8. Possession of Wildlife.
— No person or entity shall be
allowed possession of wildlife unless
such person or entity can prove
financial and technical capability and
facility to maintain said wildlife:
Provided, That the source was not
obtained in violation of this Act.
SECTION 9. Collection and/or
Possession of By-Products and
Derivatives. — By-products and
derivatives may be collected and/or
possessed: Provided, That the
source was not obtained in violation
of this Act.
SECTION 10. Local Transport of
Wildlife, By-Products and
Derivatives. — Local transport of
wildlife, by-products and derivatives
collected or possessed through any
other means shall be authorized
unless the same is prejudicial to the
wildlife and public health.
SECTION 11. Exportation and/or
Importation of Wildlife. — Wildlife
species may be exported to or
imported from another country as
may be authorized by the Secretary
or the designated representative,
subject to strict compliance with the
provisions of this Act and rules and
regulations promulgated pursuant
thereto: Provided, That the recipient
of the wildlife is technically and
financially capable to maintain it.
SECTION 12. Introduction,
Reintroduction or Restocking of
Endemic or Indigenous Wildlife. —
The introduction, reintroduction or
restocking of endemic and
indigenous wildlife shall be allowed
only for population enhancement or
recovery purposes subject to prior
clearance from the Secretary or the
authorized representative pursuant
to Section 6 of this Act.
Any proposed introduction shall be
subject to a scientific study which
shall focus on the bioecology. The
proponent shall also conduct public
consultations with concerned
individuals or entities.
SECTION 13. Introduction of Exotic
Wildlife. — No exotic species shall
be introduced into the country,
unless a clearance from the
Secretary or the authorized
representative is first obtained. In no
case shall exotic species be
introduced into protected areas
covered by Republic Act No. 7586
and to critical habitats under Section
25 hereof.
In cases where introduction is
allowed, it shall be subject to
environmental impact study which
shall focus on the bioecology,
socioeconomic and related aspects
of the area where the species will be
introduced. The proponent shall also
be required to secure the prior
informed consent from the local
stakeholders.
SECTION 14. Bioprospecting. —
Bioprospecting shall be allowed
upon execution of an undertaking by
any proponent, stipulating therein its
compliance with and commitment(s)
to reasonable terms and conditions
that may be imposed by the
Secretary which are necessary to
protect biological diversity.
The Secretary or the authorized
representative, in consultation with
the concerned agencies, before
granting the necessary permit, shall shall be secured before the issuance
require that prior informed consent of the gratuitous permit: Provided,
be obtained by the applicant from further, That the last paragraph of
the concerned indigenous cultural Section 14 shall likewise apply.
communities, local communities,
management board under Republic SECTION 16. Biosafety. — All
Act No. 7586 or private individual or activities dealing on genetic
entity. The applicant shall disclose engineering and pathogenic
fully the intent and scope of the organisms in the Philippines, as well
bioprospecting activity in a language as activities requiring the
and process understandable to the importation, introduction; field
community. The prior informed release and breeding of organisms
consent from the indigenous peoples that are potentially harmful to man
shall be obtained in accordance with and the environment shall be
existing laws. The action on the reviewed in accordance with the
bioprospecting proposal by biosafety guidelines ensuring public
concerned bodies shall be made welfare and the protection and
within a reasonable period. conservation of wildlife and their
habitats.
Upon submission of the complete
requirements, the Secretary shall act SECTION 17. Commercial Breeding
on the research proposal within a or Propagation of Wildlife
reasonable period. Resources. — Breeding or
propagation of wildlife for
If the applicant is a foreign entity or commercial purposes shall be
individual, a local institution should allowed by the Secretary or the
be actively involved in the research, authorized representative pursuant
collection and, whenever applicable to Section 6 through the issuance of
and appropriate, in the technological wildlife farm/culture permit:
development of the products derived Provided, That only progenies of
from the biological and genetic wildlife raised, as well as
resources. unproductive parent stock shall be
utilized for trade: Provided, further,
SECTION 15. Scientific Researches That commercial breeding
on Wildlife. — Collection and operations for wildlife, whenever
utilization of biological resources for appropriate, shall be subject to an
scientific research and not for environmental impact study.
commercial purposes shall be
allowed upon execution of an SECTION 18. Economically
undertaking/agreement with and Important Species. — The
issuance of a gratuitous permit by Secretary, within one (1) year after
the Secretary or the authorized the effectivity of this Act, shall
representative: Provided, That prior establish a list of economically-
clearance from concerned bodies important species. A population
assessment of such species shall be
conducted within a reasonable
period and shall be regularly
reviewed and updated by the
Secretary.
The collection of certain species
shall only be allowed when the
results of the assessment show that,
despite certain extent of collection,
the population of such species can
still remain viable and capable of
recovering its numbers. For this
purpose, the Secretary shall
establish a schedule and volume of
allowable harvests.
Whenever an economically
important species become
threatened, any form of collection
shall be prohibited except for
scientific, educational or
breeding/propagation purposes,
pursuant to the provisions of this
Act.
SECTION 19. Designation of
Management and Scientific
Authorities for International Trade in
Endangered Species of Wild Fauna
and Flora. — For the implementation
of international agreement on
international trade in endangered
species of wild fauna and flora, the
management authorities for
terrestrial and aquatic resources
shall be the Protected Areas and
Wildlife Bureau (PAWB) of the
DENR and the Bureau of Fisheries
and Aquatic Resources (BFAR) of
the DA, respectively and that in the
Province of Palawan the
implementation hereof is vested to
the Palawan Council for Sustainable
Development pursuant to Republic
Act No. 7611.
To provide advice to the
management authorities, there shall
be designated scientific authorities
for terrestrial and aquatic/marine
species. For the terrestrial species,
the scientific authorities shall be the
Ecosystems Research and
Development Bureau (ERDB) of the
DENR, the U.P. Institute of
Biological Sciences and the National
Museum and other agencies as may
be designated by the Secretary. For
the marine and aquatic species, the
scientific authorities shall be the
BFAR, the U.P. Marine Science
Institute, U.P. Visayas, Silliman
University and the National Museum
and other agencies as may be
designated by the Secretary:
Provided, That, in the case of
terrestrial species, the ERDB shall
chair the scientific authorities, and in
the case of marine and aquatic
species, the U.P. Marine Science
Institute shall chair the scientific
authorities.
SECTION 20. Authority of the
Secretary to Issue Permits. — The
Secretary or the duly authorized
representative, in order to effectively
implement this Act, shall issue
permits/certifications/clearances with
corresponding period of validity,
whenever appropriate, which shall
include but not limited to the
following:
(1) Wildlife farm or culture permit 3
to 5 years;
(2) Wildlife collector’s permit 1 to 3
years;
(3) Gratuitous permit 1 year;
(4) Local transport permit 1 to 3
months; and
(5) Export/Import/Reexport permit 1
to 6 months.
These permits may be renewed
subject to the guidelines issued by
the appropriate agency and upon
consultation with concerned groups.
SECTION 21. Fees and Charges. —
Reasonable fees and charges as
may be determined upon
consultation with the concerned
groups, and in the amount fixed by
the Secretary shall be imposed for
the issuance of permits enumerated
in the preceding section.
For the export of wildlife species, an
export permit fee of not greater than
three percentum (3%) of the export
value, excluding transport costs,
shall be charged: Provided,
however, That in the determination
of aforesaid fee, the production
costs shall be given due
consideration. Cutflowers, leaves the
like, produced from farms shall be
exempted from the said export fee:
Provided, further, that fees and
charges shall be reviewed by the
Secretary every two (2) years or as
the need arises and revise the same
accordingly, subject to consultation
with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
SECTION 22. Determination of
Threatened Species. — The
Secretary shall determine whether
any wildlife species or subspecies is
threatened, and classify the same as
critically endangered, endangered,
vulnerable or other accepted
categories based on the best
scientific data and with due regard to
internationally accepted criteria,
including but not limited to the
following.
(a) present or threatened
destruction, modification or
curtailment of its habitat or range;
(b) over-utilization for commercial,
recreational, scientific or educational
purposes;
(c) inadequacy of existing regulatory
mechanisms; and
(d) other natural or man-made
factors affecting the existence of
wildlife.
The Secretary shall review, revise
and publish the list of categorized
threatened wildlife within one (1)
year after effectivity of this Act.
Thereafter, the list shall be updated
regularly or as the need arises:
Provided, That a species listed as
threatened shall not be removed
therefrom within three (3) years
following its initial listing.
Upon filing of a petition based on
substantial scientific information of
any person seeking for the addition
or deletion of a species from the list,
the Secretary shall evaluate in
accordance with the relevant factors
stated in the first paragraph of this
section, the status of the species
concerned and act on said petition
within a reasonable period.
propagated species shall be
released, reintroduced or restocked.
Commercial breeding or propagation
of threatened species may be
allowed provided that the following
minimum requirements are met by
the applicant, to wit:

The Secretary shall also prepare (a) Proven effective breeding and
and publish a list of wildlife which captive management techniques of
resembles so closely in appearance the species; and
with listed threatened wildlife, which
species shall likewise be categorized (b) Commitment to undertake
as threatened. commercial breeding in accordance
with Section 17 of this Act,
SECTION 23. Collection of simultaneous with conservation
Threatened Wildlife, By-Products breeding.
and Derivatives. — The collection of
threatened wildlife, as determined The Secretary shall prepare a list of
and listed pursuant to this Act, threatened species for commercial
including its by-products and breeding and shall regularly revise
derivatives, shall be allowed only for or update such list or as the need
scientific, or breeding or propagation arises.
purposes in accordance with Section
6 of this Act: Provided, That only the SECTION 25. Establishment of
accredited individuals, business, Critical Habitats. — Within two (2)
research, educational or scientific years following the effectivity of this
entities shall be allowed to collect for Act, the Secretary shall designate
conservation breeding or critical habitats outside protected
propagation purposes. areas under Republic Act No. 7586,
where threatened species are found.
SECTION 24. Conservation Such designation shall be made on
Breeding or Propagation of the basis of the best scientific data
Threatened Species. — taking into consideration species
Conservation breeding or endemicity and/or richness,
propagation of threatened species presence of man-made
shall be encouraged in order to pressures/threats to the survival of
enhance its population in its natural wildlife living in the area, among
habitat. It shall be done others.
simultaneously with the rehabilitation
and/or protection of the habitat All designated critical habitats shall
where the captive-bred or be protected, in coordination with the
local government units and other
concerned groups, from any form of
exploitation or destruction which
may be detrimental to the survival of
the threatened species dependent
therein. For such purpose, the
Secretary may acquire, by purchase,
donation or expropriation, lands, or
interests therein, including the
acquisition of usufruct,
establishment of easements or other
undertakings appropriate in
protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and
Exotic Species
SECTION 26. Registration of
Threatened and Exotic Wildlife in the
Possession of Private Persons. —
No person or entity shall be allowed
possession of wildlife unless such
person or entity can prove financial
and technical capability and facility
to maintain said wildlife. Twelve (12)
months after the effectivity of this
Act, the Secretary shall set a period,
within which persons/entities shall
register all threatened species
collected and exotic species
imported prior to the effectivity of this
Act. However, when the threatened
species is needed for
breeding/propagation or research
purposes, the State may acquire the
wildlife through a mutually
acceptable arrangement.
After the period set has elapsed,
threatened wildlife possessed
without certificate of registration
shall be confiscated in favor of the
government, subject to the penalties
herein provided.
All Philippine wildlife which are not
listed as threatened prior to the
effectivity of this Act but which may
later become so, shall likewise be
registered during the period set after
the publication of the updated list of
threatened species.
CHAPTER IV
Illegal Acts
SECTION 27. Illegal Acts. — Unless
otherwise allowed in accordance
with this Act, it shall be unlawful for
any person to willfully and knowingly
exploit wildlife resources and their
habitats, or undertake the following
acts:
(a) killing and destroying wildlife
species, except in the following
instances;
(i) when it is done as part of the
religious rituals of established tribal
groups or indigenous cultural
communities;
(ii) when the wildlife is afflicted with
an incurable communicable disease;
(iii) when it is deemed necessary to
put an end to the misery suffered by
the wildlife;
(iv) when it is done to prevent an
imminent danger to the life or limb of
a human being; and
(v) when the wildlife is killed or
destroyed after it has been used in
authorized research or experiments.
(b) inflicting injury which cripples
and/or impairs the reproductive
system of wildlife species;
(c) effecting any of the following acts
in critical habitat(s):
(i) dumping of waste products
detrimental to wildlife;
(ii) squatting or otherwise occupying
any portion of the critical habitat;
(iii) mineral exploration and/or
extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or
restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing
wildlife, their by-products and
derivatives;
(g) gathering or destroying of active
nests, nest trees, host plants and the
like;
(h) maltreating and/or inflicting other
injuries not covered by the preceding
paragraph; and
(i) transporting of wildlife.
CHAPTER V
Fines and Penalties
SECTION 28. Penalties for
Violations of this Act. — For any
person who undertakes illegal acts
under paragraph (a) of the
immediately preceding section to
any species as may be categorized
pursuant to this Act, the following
penalties and/or fines shall be
imposed:
(a) imprisonment of a minimum of
six (6) years and one (1) day to
twelve (12) years and/or a fine of
One hundred thousand pesos
(100,000.00) to One million pesos
(1,000,000.00), if inflicted or
undertaken against species listed as
critical;
(b) imprisonment of four (4) years
and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos
(P50,000.00) to Five hundred
thousand pesos (P500,000.00), if
inflicted or undertaken against
endangered species;
(c) imprisonment of two (2) years
and one (1) day to four (4) years
and/or a fine of Thirty thousand
pesos (P30,000.00) to Three
hundred thousand pesos
(P300,000.00), if inflicted or
undertaken against vulnerable
species; ADEHTS
(d) imprisonment of one (1) year and
one (1) day to two (2) years and/or a
fine of Twenty thousand pesos
(P20,000.00) to Two hundred
thousand pesos (P200,000.00), if
inflicted or undertaken against other
threatened species; and
(e) imprisonment of six (6) months
and one (1) day to one (1) year
and/or a fine of Ten thousand pesos
(P10,000.00) to One hundred
thousand pesos (P100,000.00), if
inflicted or undertaken against other
wildlife species.
For illegal acts under paragraph (b)
of the immediately preceding
section, the following penalties
and/or fines shall be imposed:
(a) imprisonment of a minimum of
four (4) years and one (1) day to six
(6) years and/or a fine of Fifty
thousand pesos (P50,000.00) to
Five hundred thousand pesos
(P500,000.00), if inflicted or
undertaken against species listed as
critical;
(b) imprisonment of two (2)years and
one (1) day to four (4) years and/or a
fine of Thirty thousand pesos
(P30,000.00) to Two hundred
thousand pesos (P200,000.00), if
inflicted or undertaken against
endangered species;
(c) imprisonment of one (1) year and
one (1) day to two (2) years and/or a
fine of Twenty thousand pesos
(P20,000.00) to Two hundred
thousand pesos (P200,000.00), if
inflicted or undertaken against
vulnerable species;
(d) imprisonment of six (6) months
and one (1) day to one (1) year
and/or a fine of Ten thousand pesos
(P10,000.00) to Fifty thousand
pesos (P50,000.00), if inflicted or
undertaken against other threatened
species; and
(e) imprisonment of one (1) month to
six (6) months and/or a fine of Five
thousand pesos (P5,000.00) to
Twenty thousand pesos
(P20,000.00), if inflicted or
undertaken against other wildlife
species.
For illegal acts under paragraphs (c)
and (d) of the immediately preceding
section, an imprisonment of one (1)
month to eight (8) years and/or a
fine of Five thousand pesos
(P5,000.00) to Five million pesos
(P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e),
the following penalties and/or fines
shall be imposed:
(a) imprisonment of two (2) years
and one (1) day to four (4) years
and/or a fine of Five thousand pesos
(P5,000.00) to Three hundred
thousand pesos (P300,000.00), if
inflicted or undertaken against
species listed as critical;
(b) imprisonment of one (1) year and
one (1) day to two (2) years and/or a
fine of Two thousand pesos
(P2,000.00) to Two hundred
thousand pesos (P200,000.00) if
inflicted or undertaken against
endangered species;
(c) imprisonment of six (6) months
and one (1) day to one (1) year
and/or a fine of One thousand pesos
(P1,000.00) to One hundred
thousand pesos (P100,000.00), if
inflicted or undertaken against
vulnerable species;
(d) imprisonment of one (1) month
and one (1) day to six (6) months
and/or a fine of Five hundred pesos
(P500.00) to Fifty thousand pesos
(P50,000.00), if inflicted or
undertaken against species listed as
other threatened species; and
(e) imprisonment of ten (10) days to
one (1) month and/or a fine of Two
hundred pesos (P200.00) to Twenty
thousand pesos (P20,000.00), if
inflicted or undertaken against other
wildlife species.
For illegal acts under paragraphs (f)
and (g) of the immediately preceding
section, the following penalties
and/or fines shall be imposed:
(a) imprisonment of two (2) years
and one (1) day to four (4) years and
a fine of Thirty thousand pesos
(P30,000.00) to Three hundred
thousand pesos (P300,000.00), if
inflicted or undertaken against
species listed as critical;
(b) imprisonment of one (1) year and
one (1) day to two (2) years and a
fine of Twenty thousand pesos
(P20,000.00) to Two hundred
thousand pesos (P200,000.00), if
inflicted or undertaken against
endangered species;
(c) imprisonment of six (6) months
and one (1) day to one (1) year and
a fine of Ten thousand pesos
(P10,000.00) to One hundred
thousand pesos (P100,000.00), if
inflicted or undertaken against
vulnerable species;
(d) imprisonment of one (1) month
and one (1) day to six (6) months
and a fine of Five thousand pesos
(P5,000.00) to Fifty thousand pesos
(P50,000.00), if inflicted or
undertaken against species listed as
other threatened species; and
(e) imprisonment of ten (10) days to
one (1) month and a fine of One
thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00), if
inflicted or undertaken against other
wildlife species: Provided, That in
case of paragraph (f), where the acts
were perpetuated through the
means of inappropriate techniques
and devices, the maximum penalty
herein provided shall be imposed.
For illegal acts under paragraphs (h)
and (i) of the immediately preceding
section, the following penalties
and/or fines shall be imposed:
(a) imprisonment of six (6) months
and one (1) day to one (1) year and
a fine of Fifty thousand pesos
(P50,000.00) to One hundred
thousand pesos (P100,000.00), if
inflicted or undertaken against
species listed as critical species;
(b) imprisonment of three (3) months
and one (1) day to six (6) months
and a fine of Twenty thousand pesos
(P20,000.00) to Fifty thousand
pesos (P50,000.00), if inflicted or
undertaken against endangered
species;
(c) imprisonment of one (1) month
and one (1) day to three (3) months
and a fine of Five thousand pesos
(P5,000.00) to Twenty thousand
pesos (P20,000.00), if inflicted or
undertaken against vulnerable
species;
(d) imprisonment of ten (10) days to
one (1) month and a fine of One
thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00) if
inflicted or undertaken against
species listed as other threatened
species;
(e) imprisonment of five (5) days to
ten (10) days and a fine of Two
hundred pesos (P200.00) to One
thousand pesos (P1,000.00), if
inflicted or undertaken against other
wildlife species.
All wildlife, its derivatives or by-
products, and all paraphernalia,
tools and conveyances used in
connection with violations of this Act,
shall be ipso facto forfeited in favor
of the government: Provided, That
where the ownership of the
aforesaid conveyances belong to
third persons who has no
participation in or knowledge of the
illegal acts, the same may be
released to said owner. The
apprehending agency shall
immediately cause the transfer of all
wildlife that have been seized or
recovered to the nearest Wildlife
Rescue Center of the Department in
the area.
If the offender is an alien, he shall be
deported after service of sentence
and payment of fines, without any
further proceedings.
The fines herein prescribed shall be
increased by at least ten percent
(10%) every three (3) years to
compensate for inflation and to
maintain the deterrent function of
such fines.
CHAPTER VI
Miscellaneous Provisions
SECTION 29. Wildlife Management
Fund. — There is hereby
established a Wildlife Management
Fund to be administered by the
Department as a special account in
the National Treasury. It shall
finance rehabilitation or restoration
of habitats affected by acts
committed in violation of this Act and
support scientific research,
enforcement and monitoring
activities, as well as enhancement of
capabilities of relevant agencies.
The Fund shall derive from fines
imposed and damages awarded,
fees, charges, donations,
endowments, administrative fees or
grants in the form of contributions.
Contributions to the Fund shall be
exempted from donor taxes and all
other taxes, charges or fees
imposed by the government.
CDEaAI
SECTION 30. Deputation of Wildlife
Enforcement Officers. — The
Secretary shall deputize wildlife
enforcement officers from
nongovernment organizations,
citizens groups, community
organizations and other volunteers
who have undergone the necessary
training for this purpose. The
Philippine National Police (PNP), the
Armed Forces of the Philippines
(AFP), the National Bureau of
Investigation (NBI) and other law
enforcement agencies shall
designate wildlife enforcement
officers. As such, the wildlife
enforcement officers shall have the
full authority to seize illegally traded
wildlife and to arrest violators of this
Act subject to existing laws, rules
and regulations on arrest and
detention.
SECTION 31. Establishment of
National Wildlife Research Centers.
— The Secretary shall establish
national wildlife research centers for
terrestrial and aquatic species to
lead in the conduct of scientific
researches on the proper strategies
for the conservation and protection
of wildlife, including captive breeding
or propagation. In this regard, the
Secretary shall encourage the
participation of experts from
academic/research institutions and
wildlife industry.
SECTION 32. Wildlife Rescue
Center. — The Secretary shall
establish or designate wildlife rescue
centers to take temporary custody
and care of all confiscated,
abandoned and/or donated wildlife
to ensure their welfare and well-
being. The Secretary shall formulate
guidelines for the disposition of
wildlife from the rescue centers.
SECTION 33. Creation of Wildlife
Traffic Monitoring Units. — The
Secretary shall create wildlife traffic
monitoring units in strategic air and
seaports all over the country to
ensure the strict compliance and
effective implementation of all
existing wildlife laws, rules and
regulations, including pertinent
international agreements.
Customs officers and/or other
authorized government
representatives assigned at air or
seaports who may have intercepted
wildlife commodities in the discharge
of their official functions shall, prior
to further disposition thereof, secure
a clearance from the wildlife traffic
monitoring unit assigned in the area.
SECTION 34. Exemption from
Taxes. — Any donation,
contribution, bequest, subsidy or
financial aid which may be made to
the Department of Environment and
Natural Resources or to the
Department of Agriculture and to
NGOs engaged in wildlife
conservation duly registered with the
Securities and Exchange
Commission as certified by the local
government unit, the Department of
Environment and Natural Resources
or the Department of Agriculture, for
the conservation and protection of
wildlife resources and their habitats
shall constitute as an allowable
deduction from the taxable income
of the donor and shall be exempt
from donor’s tax.
SECTION 35. Flagship Species. —
Local government units shall initiate
conservation measures for endemic
species in their areas. For this
purpose, they may adopt flagship
species such as the Cebu black
shama (copsychus cebuensis),
tamaraw (bubalus mindorensis)
Philippine tarsier (tarsius syrichta),
Philippine teak (tectona
philippinensis), which shall serve as
emblems of conservation for the
local government concerned.
SECTION 36. Botanical Gardens,
Zoological Parks and Other Similar
Establishments. — The Secretary
shall regulate the establishment,
operation and maintenance of
botanical gardens, zoological parks
and other similar establishments for
recreation, education and
conservation.
SECTION 37. Implementing Rules
and Regulations. — Within twelve
(12) months following the effectivity
of this Act, the secretaries of the
Department of Environment and
Natural Resources and
Department of Agriculture, in
coordination with the Committees on
Environment and Ecology of the
Senate and the House
Representatives, respectively, shall
promulgate respective rules and
regulations for the effective
implementation of this
Whenever appropriate, coordination
in the preparation
implementation of rules
regulations on joint and inseparable
issues shall be done by both
Departments. The commitments of
the State to international
agreements and protocols shall
likewise be a consideration in the
implementation of this Act.
SECTION 38. Appropriations. —
The amount necessary to initially
implement the provisions of this Act
shall be charged against the
appropriations of the Department of
Environment and Natural Resources
in the current General
Appropriations Act. Thereafter, such
sums as may be necessary to fully
implement the provisions of this Act
shall be included in the annual
General Appropriations Act.
SECTION 39. Separability Clause.
— Should any provision of this Act
be subsequently declared as
unconstitutional, the same shall not
affect the validity or the legality of
the other provisions.
SECTION 40. Repealing Clause. —
Act Nos. 2590 and 3983,
Commonwealth Act No. 63, as
amended, Presidential Decree No.
the 1219, as amended, Republic Act No.
6147, and other laws, orders and
regulations inconsistent herewith are
hereby repealed or amended
of accordingly.
SECTION 41. Effectivity. — This Act
shall take effect fifteen (15) days
Act. after publication in the Official
Gazette or two (2) newspapers of
and general circulation.
and
[REPUBLIC ACT NO. 10654]
AN ACT TO PREVENT, DETER
AND ELIMINATE ILLEGAL,
UNREPORTED AND
UNREGULATED FISHING,
AMENDING REPUBLIC ACT NO.
8550, OTHERWISE KNOWN AS
“THE PHILIPPINE FISHERIES
CODE OF 1998,” AND FOR OTHER
PURPOSES
Be it enacted by the Senate and
House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Section 2 of Republic
Act No. 8550, otherwise known as
“The Philippine Fisheries Code of
1998”, is hereby amended, as
follows:
“SEC. 2. Declaration of Policy. – It is
hereby declared the policy of the
State:
(a) x x x
xxx
(c) To ensure the rational and
sustainable development,
management and conservation of
the fishery and aquatic resources in
Philippine waters including the
Exclusive Economic Zone (EEZ) and
in the adjacent high seas, consistent
with the primordial objective of
maintaining a sound ecological
balance, protecting and enhancing
the quality of the environment. The
Philippines shall pursue its
commitment to international
conventions and cooperate with
other states and international
bodies, in order to conserve and
manage threatened , aquatic
species, straddling and highly
migratory fish stocks and other living
marine resources;
xxx
(f) To adopt the precautionary
principle and manage fishery and
aquatic resources, in a manner
consistent with the concept of an
ecosystem-based approach to
fisheries management and
integrated coastal area management
in specific natural fishery
management areas, appropriately
supported by research, technical
services and guidance provided by
the State; and
x x x.”
SEC. 2. Section 3 of the same Act is
hereby amended, as follows:
“SEC. 3. Application of its
Provisions. – The provisions of this
Code shall be enforced in:
(a) all Philippine waters including
other waters over which the
Philippines has sovereignty and
jurisdiction, and the country’s 200-
nautical mile Exclusive Economic
Zone (EEZ) and continental shelf;
(b) all aquatic and fishery resources
whether inland, coastal or offshore
fishing areas, including, but not
limited to, fishponds, fish
pens/cages;
(c) all lands devoted to aquaculture, (15) x x x
or businesses and activities relating
to fishery, whether private or public (16) x x x
lands; and
(17) x x x
(d) all Philippine flagged fishing
vessels operating in areas governed (18) Distant Water Fishing – means
by a Regional Fisheries fishing in the high seas or in waters
Management Organization (RFMO), of other states.
in the high seas, or in waters of
other coastal states.” (19) x x x

SEC. 3. Section 4 of the same Act is (20) x x x

hereby amended, as follows:
(21) x x x
“SEC. 4. Definition of Terms. – As
used in this Code, the following (22) x x x
terms and phrases shall mean as
follows: (23) x x x

(1) x x x (24) x x x

xxx (25) x x x

(12) Community Service – means (26) x x x

any service or activity that is
performed for the benefit of the (27) x x x
community or its institutions in lieu of
payment of fine imposed as (28) x x x
administrative or criminal penalty.
(29) x x x
(13) Conservation and Management
Measures – means measures to (30) x x x
conserve and manage living marine
resources that are adopted and (31) x x x
applied consistently with the relevant
rules of international law including (32) x x x
those reflected in conventions,
RFMO resolutions and laws of other (33) x x x
coastal states where Philippine
flagged vessels fish. (34) x x x

(14) x x x (35) Fisheries Observer – refers to a

person duly authorized by the
Philippine government or under a
Regional Observer Program of the
RFMO, to collect scientific, technical
or fishing-related data, and other
information that may be required by
the government or the RFMO and/
or in compliance to a conservation
and management measure.
(36) x x x
(37) Fishing Vessel/Gear License –
refers to a permit to operate specific
types of fishing vessel/gear for
specific duration in areas beyond
municipal waters for demersal or
pelagic fishery resources.
(38) x x x
(39) x x x
(40) x x x
(41) x x x
(42) x x x
(43) x x x
(44) Fishing Gear – refers to any
instrument or device and its
accessories utilized in taking fish
and other fishery species.
(a) Active Fishing Gear – is a fishing
device characterized by the pursuit
of the target species by towing,
pushing the gears, surrounding,
covering, dredging, and scaring the
target species to impoundments;
such as, but not limited to, trawl,
purse seines, Danish seines, paaling
and drift gill net.
(b) Passive Fishing Gear – is
characterized by the absence of
pursuit of the target species; such
as, but not limited to, hook and line,
fishpots, traps and gill nets set
across the path of the fish.
(45) Fishing Light Attractor – refers
to a fishing aid which employs lights
using, among others, mercury vapor,
high pressure sodium vapor,
standard tungsten, tungsten
halogen, fluorescent or light-emitting
diode, that are attached to a
structure above water or suspended
underwater to attract both fish and
members of their food chain to
specific areas in order to harvest
them.
(46) x x x
(47) x x x
(48) x x x
(49) x x x
(50) x x x
(51) x x x
(52) x x x
(53) x x x
(54) Harvest Control Rules – refers
to actions or set of actions to be
taken to achieve a medium or long
term target reference point while
avoiding reaching or breaching a
limit reference point.
(55) Illegal Fishing – means fishing
activities conducted by Philippine (68) x x x
fishing vessels operating in violation
of Philippine laws, Regional (69) x x x
Fisheries Management Organization
resolutions, and laws of other (70) x x x
coastal states.
(71) x x x
(56) x x x
(72) x x x
(57) x x x
(73) Port State Measures – refers to
(58) x x x the requirements established or
interventions undertaken by port
(59) x x x states, which a Philippine flagged or
foreign fishing vessel must comply
(60) Marine Protected Area – means with as a condition for the use of
a defined area of the sea ports within the port state.
established and set aside by law,
administrative regulation, or any (74) x x x
other effective means in order to
conserve and protect a part of or the (75) x x x
entire enclosed environment through
the establishment of management (76) Reference Points – means
guidelines. It is considered a generic benchmark values often based on
term that includes all declared areas indicators such as fishery stock size
governed by specific rules or or the level of fishing that serves as
guidelines in order to protect and standard to compare estimates of a
manage activities within the fishery stock size and fishing
enclosed area. mortality over time depending on the
biological characteristics of the
(61) x x x species. Reference points can mark:
(a) a limit or a level that should be
(62) x x x avoided; (b) a target, which should
be achieved and maintained; or (c) a
(63) x x x trigger that signals the need to take
prescribed actions.
(64) x x x
(77) Regional Fisheries
(65) x x x Management Organization (RFMO)
– means a multi-lateral organization
(66) x x x with responsibility to coordinate
management and establish
(67) x x x conservation and management
measures for highly migratory fish
stocks, fish stocks that straddle
national fisheries management
boundaries and other high seas
species.
(78) x x x
(79) x x x
(80) x x x
(81) x x x
(82) Serious Violation – means any
of the following violations of the
provisions of this Code:
(a) Fishing without a valid license,
authorization or permit;
(b) Fishing without reporting the
catch or misreporting the catch;
(c) Fishing in a closed area or during
a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited
gear or methods;
(f) Falsifying, concealing or
tampering with vessel markings,
identity or registration to conceal
vessel identity or lack of registration;
(g) Concealing, tampering or
disposing of evidence relating to an
investigation of a violation;
(h) Assaulting, resisting, intimidating,
harassing, seriously interfering with,
or unduly obstructing or delaying a
fisheries law enforcer, authorized
inspector or observer or other duly
authorized government officer;
(i) Intentionally tampering with or
disabling the vessel monitoring
system; and
(j) Committing multiple violations
which taken together constitute a
serious disregard of this Code.
(83) Superlight – also called magic
light, refers to a type of light using
halogen or metal halide bulb which
may be located above the sea
surface or submerged in the water. It
consists of a ballast, regulator,
electric cable and socket. The
source of energy comes from a
generator, battery or dynamo
coupled with the main engine.
(84) x x x
(85) Transhipment – refers to the
transfer of all or any fish or fishery
product from one fishing vessel to
another.
(86) x x x
(87) Unregulated Fishing – refers to
fishing activities conducted by:
(a) Vessels without nationality but
operated by Filipino and/or Filipino
corporation;
(b) Philippine flagged fishing vessels
operating in areas managed by
RFMOs to which the Philippines is
not a party to; or
(c) Philippine flagged fishing vessels
operating in areas or fish stocks
where there are no applicable
conservation and management
measures.
(88) Unreported Fishing – refers to
fishing activities which have not
been reported, or have been
misreported to the Department, in
contravention of national laws and
regulations of the Philippines, or
undertaken in the area of
competence of a relevant RFMO
which have not been reported or
have been misreported, in
contravention of the reporting
procedures of that organization and
further elaborated by regulations to
be promulgated by the Department.”
SEC. 4. Section 6 of the same Act is
hereby amended, as follows:
“SEC. 6. Fees and Other Fishery
Charges. – The rentals for fishpond
areas covered by the Fishpond
Lease Agreement (FLA) or other
tenurial instrument and license fees
for Commercial Fishing Vessel
Licenses (CFVL) shall be set at
levels that reflect resource rent
accruing from the utilization of
resources and shall be determined
by the Department: Provided, That
the Department shall also prescribe
fees and other fishery charges and
issue the corresponding license or
permit for fishing gear, fishing
accessories and other fishery
activities beyond the municipal
waters: Provided, further, That the
license fees of fishery activity in
municipal waters shall be
determined by the Local
Government Units (LGUs) in
consultation with the FARMCs. The
FARMCs may also recommend the
appropriate license fees that will be
imposed.”
SEC. 5. Section 7 of the Act is
hereby amended, as follows:
“SEC. 7. Access to Fishery
Resources. – The Department shall
issue such number of licenses and
permits for the conduct of fishery
activities subject to harvest control
rules and reference points as
determined by scientific studies or
best available evidence. Preference
shall be given to resource users in
the local communities adjacent or
nearest to the municipal waters.”
SEC. 6. Section 8 of the Act is
hereby amended, as follows:
“SEC.8. Harvest Control Rules and
Reference Points. – The Secretary
may establish reference points and
harvest control rules in a fishery
management area or for a fishery:
Provided, however, That in
municipal waters and fishery
management areas, and waters
under the jurisdiction of special
agencies, Harvest Control Rules and
Reference Points may be
established upon the concurrence
and approval or recommendation of
such special agency and the
concerned LGU in consultation with
the FARMC for conservation or
ecological purposes.”
SEC. 7. Section 14 of the Act is
hereby amended, as follows:
“SEC. 14. Monitoring, Control and
Surveillance (MCS) of Fishing in all
Philippine Waters and Philippine
Flagged Distant Water Fishing
Vessels. – A monitoring, control and
surveillance system shall be
established by the Department in
coordination with LGUs, FARMCs,
the private sector and other
agencies concerned to ensure that
the fisheries and aquatic resources
in Philippine waters are judiciously
and wisely utilized and managed on
a sustainable basis and conserved
for the benefit and enjoyment
exclusively of Filipino citizens. The
MCS system shall encompass all
Philippine flagged fishing vessels
regardless of fishing area and final
destination of catch.”
SEC. 8. Section 30 of the same Act
is hereby amended, as follows:
“SEC. 30. Renewal of Commercial
Fishing Vessel License. – The
commercial fishing vessel license
shall be renewed every three (3)
years.
The owner/operator of a fishing
vessel has a period of sixty (60)
days prior to the expiration of the
license within which to renew the
same.”
SEC. 9. Section 31 of the same Act
is hereby amended, as follows:
“SEC. 31. Transfer of Ownership. –
The owner/operator of a registered
fishing vessel shall notify the
Department in writing of any
intention to transfer the ownership of
the vessel within ten (10) days
before its intended transfer to
another person. Failure of the owner
to do so shall not extinguish any
existing or pending sanction or
liability with respect to said fishing
vessel.
SEC. 10. Section 32 of the same Act
is hereby amended, as follows:
“SEC. 32. Distant Water Fishing. –
Fishing vessels of Philippine registry
may engage in distant water fishing
as defined in this Code: Provided,
That they comply with the safety,
manning and other requirements of
the Philippine Coast Guard, Maritime
Industry Authority and other
agencies concerned: Provided,
however, That they secure a fishing
permit, gear license and other
clearances from the Department:
Provided, further, That the fish
caught by such vessels shall be
considered as caught in Philippine
waters and therefore not subject to
all import duties and taxes only
when the same is landed in duly
designated fish landings and fish
ports in the Philippines: Provided,
furthermore, That landing ports
established by canneries, seafood
processors and all fish landing sites
established prior to the effectivity of
this Code shall be considered
authorized landing sites: Provided,
finally, That fishworkers on board
Philippine registered fishing vessels
conducting fishing activities beyond
the Philippine Exclusive Economic
Zone are not considered as
overseas Filipino workers.
Distant water fishing vessels shall
comply with the monitoring, control
and surveillance requirements,
conservation and management
measures, and fishing access
conditions of the Department, the
RFMO, or other coastal states.”
SEC. 11. Section 33 of the same Act
is hereby amended, as follows:
“SEC. 33. Importation, Construction
of New Fishing Vessels and Gears
and Conversion of Other Vessels. –
Prior to the importation or the
construction of new fishing vessels
or gears, or the conversion into a
fishing vessel, the
approval/clearance of the
Department must first be obtained in
order to manage fishing capacity.”
SEC. 12. Section 38 of the same Act
is hereby amended, as follows:
“SEC. 38. Reportorial Requirements.
– Each commercial fishing vessel
shall keep a daily record offish catch
and spoilage, landing points, and
quantity and value of fish caught,
and off-loaded for transhipment, sale
and/ or other disposal. Detailed
information shall be duly certified by
the vessel’s captain and transmitted
to BFAR within the period prescribed
in the implementing rules and
regulations promulgated by the
Department. Failure to comply shall
result to administrative and penal
sanctions.”
SEC. 13. Section 42 of the Act is
hereby deleted and replaced with a
new Section 42, to read as follows:
“SEC. 42. Port State Measures. –
The Department is authorized to
adopt port state measures that must
be complied with by foreign fishing
vessels. These measures shall
include: prior notification of port
entry; use of designated ports;
restrictions on port entry and landing
or transhipment of fish; restrictions
on supplies and services; catch and
other documentation requirements;
port inspections; and other related
measures.
Transhipment by Philippine Flagged
Fishing Vessels shall be regulated
by the Department in a manner
consistent with the Philippines’
commitment to conventions and
international agreements.”
SEC. 14. Section 44 of the same Act
is hereby amended, as follows:
“SEC. 44. Use of Superlight or
Fishing Light Attractor. – The
number and candle light power or
intensity of superlight and fishing
light attractor used in commercial
fishing vessels shall be regulated by
the Department: Provided, That the
use of superlight is banned within
municipal waters and bays. The use
of fishing light attractor in municipal
waters shall be regulated by the
local government units.”
SEC. 15. Section 62 of the same Act
is hereby amended, as follows:
“SEC. 62. Trade-Related Measures.
– Standards for weights, volume,
quality and other measurements for
all fishery transactions and trade
shall be set by the Department.
All fish and fishery products for
export, import and domestic
consumption shall meet the quality
grades/ standards and labeling and
information requirements as
determined by the Department.
The LGU concerned shall, by
appropriate ordinance, penalize
fraudulent practices and unlawful
possession or use of instrument of
weights and measures.
The Department may prescribe
trade-related measures to reduce or
eliminate trade in fish and fishery
products derived from illegal,
unregulated and unreported (IUU)
fishing.”
SEC. 16. Section 65 of the same Act
is hereby amended, as follows:
“SEC. 65. Functions of the Bureau of
Fisheries and Aquatic Resources. –
As a line bureau, the BFAR shall
have the following functions:
(a) prepare and implement a
Comprehensive National Fisheries
Industry Development Plan;
xxx
(r) formulate and implement rules
and regulations for the conservation
and management of straddling fish
stocks, highly migratory fish stocks
and threatened living marine
resources such as sharks, rays and
ludong, inter alia, in the Philippine
Exclusive Economic Zone, territorial
sea, archipelagic and internal
waters, in coordination with LGUs
and integrated/municipal/city
Fisheries and Aquatic Resources
Management Councils;
(s) train, designate and deploy
fisheries observers in Philippine
flagged fishing vessels engaged in
commercial fishing in Philippine
waters or distant water fishing to
ensure compliance with
conservation and management
measures adopted by RFMOS and
by the Department;
(t) implement boarding and
inspection protocols upon Philippine
flagged fishing vessels in order to
promote observance to international
treaty obligations on food safety, to
curb illegal, unreported and
unregulated fishing, and to comply
with conservation and management
measures;
(u) adopt an appropriate monitoring,
control, surveillance and traceability
system for municipal fishing vessels
supplying exporters with
concurrence of the local government
units;
(v) adopt and implement a national
plan of action to manage fishing
capacity, implement the international
code of conduct for responsible
fisheries, and declare fishery
management areas as over-
exploited in coordination with the
LGUs and FARMCs;
(w) require performance bonds and
impose and collect reasonable fees
and charges for laboratory services,
inspection, deployment of fisheries
observers, and catch documentation
and validation, taking into account
the balance required between
recovering the costs of services
rendered and the socioeconomic
impact of their imposition, upon prior
consultation with stakeholders;
(x) hear and decide administrative
cases before it;
(y) determine the appropriate levels
of administrative and other
sanctions, particularly for serious
violations, that deprive offenders of
economic benefits from their
violations of the laws, rules and
regulations;
(z) initiate the criminal prosecution of
offenses committed in violation of
this Code regardless of their situs;
and
(aa) perform such other related
functions which shall promote the
development, conservation,
management, protection and
utilization of fisheries and aquatic
resources.”
SEC. 17. Chapter VI of Republic Act
No. 8550 is hereby repealed and
replaced with a new Chapter VI to
read as follows:
“CHAPTER VI
PROHIBITIONS AND PENALTIES
SEC. 86. Unauthorized Fishing. – (a)
It shall be unlawful for any person to
capture or gather or to cause the
capture or gathering of fish, fry or
fingerlings of any fishery species or
fishery products without license or
permit from the Department or LGU.
Except in cases specified under this
Code, it shall also be unlawful for
any commercial fishing vessel to fish
in municipal waters.
The discovery of any person in
possession of a fishing gear or
operating a fishing vessel in a fishing
area where he has no license or
permit shall constitute & prima facie
presumption that the person is
engaged in unauthorized fishing:
Provided, That fishing for daily food
sustenance or for leisure which is
not for commercial, occupation or
livelihood purposes may be allowed.
Upon a summary finding of
administrative liability, the boat
captain and the three (3) highest
officers of the commercial fishing
vessel and the owner or operator
who violate this provision shall be
penalized with confiscation of catch
and gear, and an administrative fine
of five (5) times the value of the
catch or the amount indicated below,
whichever is higher:
(1) Fifty thousand pesos
(P50,000.00) to One hundred
thousand pesos (P100,000.00) for
small-scale commercial fishing;

(2) One hundred fifty thousand
pesos (P150,000.00) to Five
hundred thousand pesos
(P500,000.00) for medium-scale
commercial fishing; and
(3) One million pesos
(P1,000,000.00) to Five million
pesos (P5,000,000.00) for large-
scale commercial fishing.
Upon conviction by a court of law,
the boat captain and the three (3)
highest officers of the commercial
fishing vessel shall suffer the penalty
of imprisonment of six (6) months
and confiscation of catch and gear
and twice the amount of the
administrative fine.
(b) It shall be unlawful for any
person not listed in the registry of
municipal fisherfolk to engage in any
commercial fishing activity in
municipal waters.
Upon a summary finding of
administrative liability, the offender
of this provision shall be punished
with an administrative fine equivalent
to twice the value of catch or Five
thousand pesos (P5,000.00),
whichever is higher, and confiscation
of the catch and fishing gear:
Provided, That if the offender fails to
pay the fine, he shall render
community service.
SEC. 87. Engaging in Unauthorized
Fisheries Activities. – It shall be
unlawful for any person to exploit,
occupy, produce, breed or culture
fish, fry or fingerlings of any fishery
species or fishery products or
construct and operate fish corrals,
fish traps, fish pens and fish cages
or fishponds without a license, lease
or permit.
The discovery of any person
engaging in any of the above
activities without a lease, license or
permit shall constitute & prima facie
presumption that the person is
engaged in unauthorized fisheries
activity.
Upon a summary finding of
administrative liability, the offender
shall be penalized with an
administrative fine of Five hundred
thousand pesos (P500,000.00) to
One million pesos (P1,000,000.00),
the dismantling or removal of the
structure at the expense of the
offender, the rehabilitation of the
area affected by the activity and
confiscation of stocks.
Upon conviction by a court of law,
the offender shall suffer the penalty
of imprisonment of six (6) months, a
fine equivalent to twice the amount
of the administrative fine, the
dismantling or removal of the
structure at the expense of the
offender, the rehabilitation of the
area affected by the activity and
confiscation of stocks.
SEC. 88. Failure to Secure Fishing
Permit Prior to Engaging in Distant
Water Fishing. – (a) It shall be
unlawful for any person to fish in the
high seas, in the territorial seas,
archipelagic waters, and Exclusive
Economic Zones of other states
using a Philippine flagged fishing
vessel without first securing a fishing
permit from the Department and
authorization from the coastal state.
The discovery of any person in
possession of a fishing gear or
operating a fishing vessel in the
abovementioned areas without a
fishing permit from the Department
or authorization from the coastal
state shall constitute a prima facie
presumption that the person is in
violation of this provision.
(b) It shall be unlawful for an owner
or operator, and the three (3) highest
officers, of a commercial fishing
vessel to commit acts that are in
contravention of the terms and
conditions stated in the fishing
permit or as may be promulgated by
the Department.
Upon a summary finding of
administrative liability, the owner,
operator, and the three (3) highest
officers of the commercial fishing
vessel who violate this section, shall
be punished with confiscation of the
catch and gear and an
administrative fine equivalent to five
(5) times the value of the catch or
the amount indicated below,
whichever is higher:
(1) Two million pesos
(P2,000,000.00) to Nine million
pesos (P9,000,000.00) for small-
scale commercial fishing;
(2) Ten million pesos
(P10,000,000.00) to Fifteen million
pesos (P15,000,000.00) for medium-
scale commercial fishing; and
(3) Sixteen million pesos
(P16,000,000.00) to Twenty million
pesos (P20,000,000.00) for large-
scale commercial fishing vessels
less than seven hundred fifty (750)
gross tons, and Twenty-five million
pesos (P25,000,000.00) to Forty-five
million pesos (P45,000,000.00) for
large-scale commercial fishing
vessels seven hundred fifty (750)
gross tons or more.
Upon conviction by a court of law,
the three (3) highest officers of the
commercial fishing vessel shall
suffer the penalty of imprisonment of
six (6) months and a fine equivalent
to twice the amount of the
administrative fine, and confiscation
of catch and gear.
SEC. 89. Unreported Fishing. – It
shall be unlawful for any person to
engage in unreported fishing or to
fail to comply with the reportorial
requirements in Section 38 of this
Code.
Upon a summary finding of
administrative liability, the owner or
operator of the municipal or
commercial fishing vessel and the
three (3) highest officers of the
commercial fishing vessel who
commit unreported fishing within
waters of national jurisdiction shall
be punished by an administrative
fine equivalent to the value of the
catch or the amount indicated below,
whichever is higher:
(1) Five thousand pesos (P5,000.00)
for municipal fishing: Provided, That
if the offender fails to pay the fine,
he shall render community service;
(2) One hundred thousand pesos
(P100,000.00) for small-scale
commercial fishing;
(3) Two hundred thousand pesos
(P200,000.00) for medium-scale
commercial fishing; and
(4) Five hundred thousand pesos
(P500,000.00) for large-scale
commercial fishing.
In case of unreported fishing
committed in waters beyond national
jurisdiction, the owner, operator, and
the three (3) highest officers of the
commercial fishing vessel shall be
penalized with an administrative fine
equivalent to five (5) times the value
of the catch or the amount indicated
below, whichever is higher:
(1) Two million pesos
(P2,000,000.00) to Nine million
pesos (P9,000,000.00) for small-
scale commercial fishing;
(2) Ten million pesos
(P10,000,000.00) to Fifteen million
pesos (P15,000,000.00) for medium-
scale commercial fishing; and
(3) Sixteen million pesos
(P16,000,000.00) to Twenty million
pesos (P20,000,000.00) for large-
scale commercial fishing vessels
less than seven hundred fifty (750)
gross tons, and Twenty-five million
pesos (P25,000,000.00) to Forty-five
million pesos (P45,000,000.00) for
large-scale commercial fishing
vessels seven hundred fifty (750)
gross tons or more.
Upon conviction by a court of law,
the three (3) highest officers of the
commercial fishing vessel shall
suffer the penalty of imprisonment of
six (6) months and a fine equivalent
to twice the amount of the
administrative fine, and confiscation
of catch and gear.
SEC. 90. Unregulated Fishing. – It
shall be unlawful for any person to
engage in unregulated fishing in
waters within and beyond national
jurisdiction.
Upon a summary finding of
administrative liability, the owner,
operator, of the municipal or
commercial fishing vessel and the
three (3) highest officers of the
commercial fishing vessel who
commit unregulated fishing within
waters of national jurisdiction shall
be punished by confiscation of catch
and gear and an administrative fine
equivalent to the value of the catch
or amount indicated below,
whichever is higher:
(1) Five thousand pesos
(P5,000.00)) for municipal fishing:
Provided, That if the offender fails to
pay the fine, he shall render
community service;
(2) One hundred thousand pesos
(P100,000.00) for small-scale
commercial fishing;
(3) Two hundred thousand pesos
(P200,000.00) for medium-scale
commercial fishing; and
(4) Five hundred thousand pesos
(P500,000.00) for large-scale
commercial fishing.
In case of unregulated fishing
committed in waters beyond national
jurisdiction, the owner, operator, and
the three (3) highest officers of the
commercial fishing vessel shall be
penalized with confiscation of catch
and gear, and an administrative fine
equivalent to five (5) times the value
of the catch or the amount indicated
below, whichever is higher:
(1) Two million pesos
(P2,000,000.00) to Nine million
pesos (P9,000,000.00) for small-
scale commercial fishing;
(2) Ten million pesos
(P10,000,000.00) to Fifteen million
pesos (P15,000,000.00) for medium-
scale commercial fishing; and
(3) Sixteen million pesos
(P16,000,000.00) to Twenty million
pesos (P20,000,000.00) for large-
scale commercial fishing vessels
less than seven hundred fifty (750)
gross tons, and Twenty-five million
pesos (P25,000,000.00) to Forty-five
million pesos (P45;000,000.00) for
large-scale commercial fishing
vessels seven hundred fifty (750)
gross tons or more.
Upon conviction by a court of law,
the three (3) highest officers of the
commercial fishing vessel shall
suffer the penalty of imprisonment of
six (6) months and a fine equivalent
to twice the amount of the
administrative fines, confiscation of
catch and gear.
SEC. 91. Poaching in Philippine
Waters. – It shall be unlawful for any
foreign person, corporation or entity
to fish or operate any fishing vessel
in Philippine waters.
The entry of any foreign fishing
vessel in Philippine waters shall
constitute a prima facie presumption
that the vessel is engaged in fishing
in Philippine waters.
Upon a summary finding of
administrative liability, any foreign
person, corporation or entity in
violation of this section shall be
punished by an administrative fine of
Six hundred thousand US dollars
(US$600,000.00) to One million US
dollars (US$1,000,000.00) or its
equivalent in Philippine currency.
Upon conviction by a court of law,
the offender shall be punished with a
fine of One million two hundred
thousand US dollars
(US$1,200,000.00), or its equivalent
in Philippine currency, and
confiscation of catch, fishing
equipment and fishing vessel.
If the offender is caught within
internal waters, an additional penalty
of imprisonment of six (6) months
and one (1) day to two (2) years and
two (2) months shall be imposed. If
apprehended for the second time
within internal waters, the offender
shall be punished with imprisonment
of three (3) years and a fine of Two
million four hundred thousand US
dollars (US$2,400,000.00) or its
equivalent in Philippine currency:
Provided, That no foreign person
shall be deported without the
payment of the imposed judicial
and/or administrative fines and
service of sentence, if any.
SEC. 92. Fishing Through
Explosives, Noxious or Poisonous
Substance, or Electricity. – (a) It
shall be unlawful for any person to
catch, take or gather or cause to be
caught, taken or gathered fish or any
fishery species in Philippine waters
with the use of explosives, noxious
or poisonous substance such as
sodium cyanide, which will kill,
stupefy, disable or render
unconscious fish or fishery species:
Provided, That the Department,
subject to such safeguards and
conditions deemed necessary and
with the endorsement from the
concerned LGUs, may allow, for
research, educational or scientific
purposes only, the use of poisonous
or noxious substances to catch, take
or gather fish or fishery species:
Provided, further, That the use of
poisonous or noxious substances to
eradicate predators and pests in
fishponds in accordance with
accepted scientific practices and
without causing adverse
environmental impact in neighboring
waters and grounds shall not be
construed as illegal fishing.
The discovery of dynamite, other
explosives and chemical compounds
which contain combustible elements,
or noxious or poisonous substances,
or equipment or device for
electrofishing in any fishing vessel or
in the possession of any fisherfolk,
operator, fishing boat official or
fishworker shall constitute a prima
facie presumption that any of these
devices was used for fishing in
violation of this Code.
The discovery in any fishing vessel
of fish caught or killed with the use
of explosives, noxious or poisonous
substances, or by electricity shall
constitute a prima facie presumption
that the fisherfolk, operator, boat
official or fishworker is fishing with
the use thereof.
Upon a summary finding of
administrative liability, any person
found liable for the actual use of
explosives, noxious or poisonous
substances shall be punished with
confiscation of catch including those
not caught illegally if co-mingled with
those caught illegally, gear,
explosives and noxious or poisonous
substances, or electrofishing devices
and paraphernalia and gear, and an
administrative fine equivalent to five
(5) times the value of the catch or
the amount of fine indicated below
whichever is higher:
(1) Thirty thousand pesos
(P30,000.00) for municipal fishing;
(2) Three hundred thousand pesos
(P300,000.00) for small-scale
commercial fishing;
(3) One million five hundred
thousand pesos (P1,500,000.00) for
medium scale commercial fishing;
and
(4) Three million pesos
(P3,000,000.00) for large scale
commercial fishing.
Upon conviction by a court of law,
the offender shall be punished with
imprisonment from five (5) to ten
(10) years, confiscation of catch,
including those not caught illegally if
co-mingled with those caught
illegally, gear, explosives and
noxious or poisonous substances, or
electrofishing devices and
paraphernalia, gear, and a fine
equivalent to twice the amount of the
administrative fine, without prejudice
to the filing of separate criminal
cases when the use of the same
result to physical injury or loss of
human life.
The actual use of electrofishing
devices for illegal fishing shall be
punished with imprisonment of six
(6) months and a fine of Five
thousand pesos (P5,000.00).
(b) It shall be unlawful for any
person to possess explosives, and
noxious or poisonous substances for
illegal fishing.
Upon a summary finding of
administrative liability, the offender
shall be punished with confiscation
of catch, gear, and an administrative
fine equivalent to five (5) times the
value of the catch or the amount
indicated below whichever is higher:
(1) Ten thousand, pesos
(P10,000.00) for municipal fishing;
(2) One hundred thousand pesos
(P100,000.00) for small-scale
commercial fishing;
(3) Five hundred thousand pesos
(P500,000.00) for medium scale
commercial fishing; and
(4) One million pesos
(P1,000,000.00) for large scale
commercial fishing.
Violation of this provision shall be
punished with imprisonment from six
(6) months to two (2) years, and a
fine equivalent to twice the amount
of the administrative fine and
confiscation of catch and gear.
SEC. 93. Use of Fine Mesh Net. – It
shall be unlawful to engage in fishing
using nets with mesh smaller than
that which may be determined by the
Department: Provided, That the
prohibition on the use of fine mesh
net shall not apply to the gathering
of fry, glass eels, elvers, tabios, and
alamang and other species that by
their nature are small but already
mature, as identified in the
implementing rules and regulations
by the Department.
The discovery of a fine mesh net in a
fishing vessel shall constitute a
prima facie presumption that the
person or fishing vessel is engaged
in fishing with the use of fine mesh
net.
Upon a summary finding of
administrative liability, the
Department shall penalize the
owner, operator, captain or master
fisherman in case of commercial
fishing vessel, or the municipal
fisherfolk, with confiscation of the
catch and fishing gear, and an
administrative fine equivalent to
three (3) times the value of the catch
or the value indicated below,
whichever is higher:
(1) Twenty thousand pesos
(P20,000.00) for municipal fishing:
Provided, That if the municipal
fisherfolk fails to pay the fine, he
shall render community service;
(2) Fifty thousand pesos
(P50,000.00) for small-scale
commercial fishing;
(3) One hundred thousand pesos
(P100,000.00) for medium-scale
commercial fishing;
(4) Two hundred thousand pesos
(P200,000.00) for large-scale
commercial fishing.
Upon conviction by a court of law,
the captain or master fisherman in
case of commercial fishing vessel, or
the municipal fisherfolk, shall be
punished by imprisonment of six (6)
months to two (2) years and a fine
equivalent to twice the administrative
fine, and confiscation of catch and
gear.
SEC. 94. Fishing in Overexploited
Fishery Management Areas. – It
shall be unlawful for any person to
fish in fishery management areas
declared as overexploited.
Upon a summary finding of
administrative liability, the offender
shall be punished with confiscation
of catch and fishing gears, and an
administrative fine equivalent to the
value indicated below:
(1) Three (3) times the value of
catch or Twenty thousand pesos
(P20,000.00), whichever is higher,
for municipal fishing: Provided, That
if the offender fails to pay the fine,
he shall render community service;
(2) Five (5) times the value of catch
or One hundred thousand pesos
(P100,000.00), whichever is higher,
for small-scale commercial fishing;
(3) Five (5) times the value of catch
or Three hundred thousand pesos
(P300,000.00), whichever is higher,
for medium-scale commercial
fishing;
(4) Five (5) 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 by
imprisonment of six (6) months and
one (1) day to six (6) years and fine
of Five hundred thousand pesos
(P500,000.00) to Five million pesos
(P5,000,000.00), confiscation of the
catch and fishing equipment used,
and cancellation of fishing permit or
license.
SEC. 95. Use of Active Gear in
Municipal Waters, Bays and Other
Fishery Management Areas. – It
shall be unlawful to engage in fishing
in municipal waters and in all bays
as well as other fishery management
areas using active fishing gears as
defined in this Code.
Upon a summary finding of
administrative liability, the owner,
operator, boat captain and master
fisherman of the vessel, or the chief
executive officer in a corporation, or
the managing partner in a activity that damage coral reefs.
partnership shall be punished with
confiscation of the catch and fishing
gears, and a fine three (3) times the
value of the catch or the value
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, he shall render
community service;
(2) Fifty thousand pesos
(P50,000.00) for small-scale
commercial fishing;
(3) One hundred thousand pesos
(P100,000.00) for medium-scale
commercial fishing; and
(4) Five hundred thousand pesos
(P500,000.00) for large-scale
commercial fishing.
Upon conviction by a court of law,
the offender shall be punished with
imprisonment of two (2) years to six
(6) years and fine equivalent to twice
the administrative fine, confiscation
and forfeiture of fishing gear and
catch.
SEC. 96. Ban on Coral Exploitation
and Exportation. – It shall be
unlawful for any person or
corporation to gather, possess,
commercially transport, sell or export
ordinary, semi-precious and
precious corals, whether raw or in
processed form, except for scientific
or research purposes. It shall also
be unlawful for any person,
corporation or entity to commit any
Upon a summary finding of
administrative liability, the
owner/operator of the fishing
vessel/s, boat captain, master
fisherman, and recruiter or organizer
of fishworkers shall be punished with
an administrative fine equivalent to
eight (8) times the value of the
corals gathered, possessed,
commercially transported, sold, or
exported, or the amount of Five
hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00), whichever is
higher, and forfeiture of the subject
corals. The offender shall also pay
compensation for the restoration of
the damaged corals reefs.
Upon conviction by a court of law,
the boat captain, master fisherman,
and recruiter or organizer of
fishworkers, shall be punished by
imprisonment from ten (10) years to
twenty (20) years and a fine
equivalent to twice the administrative
fine and forfeiture of the subject
corals.

The offender shall also be required
to pay the cost of restoration of the
damaged coral reefs based on
available studies and as determined
by the Department.
SEC. 97. Ban on Muro-ami, Other
Methods and Gear Destructive to
Coral Reefs and Other Marine
Habitat. – (a) It shall be unlawful for
any person, natural or juridical, to
fish with gear or method that
destroys coral reefs, seagrass beds,
and other fishery marine life habitat
as may be determined by the
Department. ‘Muro-ami’ and any of
its variation, and such similar gears
and methods that require diving,
other physical or mechanical acts to
pound the coral reefs and other
habitat to entrap, gather or catch fish
and other fishery species are also
prohibited.
Upon a summary finding of
administrative liability, the owner,
operator, boat captain, master
fisherman, and recruiter or organizer
of fishworkers who violate this
provision shall suffer the penalty of
an administrative fine equivalent to
five (5) times the value of the fish
caught or Two million pesos
(P2,000,000.00), whichever is
higher, and confiscation of catch and
gear. The fishworkers who serve as
pounders shall be penalized with a
fine of Twenty thousand pesos
(P20,000.00) or community service
in case of failure to pay the fine.
Upon conviction by a court of law,
the boat captain, master fisherman,
and recruiter or organizer of
fishworkers shall be punished with
imprisonment of two (2) years to ten
(10) years and a fine equivalent to
twice the amount of the
administrative fine.
(b) Except in cases allowed by law, it
shall be unlawful for any person,
natural or juridical, to gather,
possess, commercially transport, sell
or export coral sand, coral
fragments, coral rocks, silica, and
any other substances which make
up any marine habitat.
Upon a summary finding of
administrative liability, the person or
corporation who violates this
provision shall be punished with an
administrative fine of Five million
pesos (P5,000,000.00) or five (5)
times the value of the coral rocks,
sand, or silica gathered, possessed,
commercially transported, sold, or
exported, whichever is higher, and
confiscation of the substance.
Upon conviction by a court of law,
the offender shall suffer the penalty
of imprisonment from two (2) years
to ten (10) years and a fine
equivalent to twice the administrative
fine, confiscation of catch or
substances and equipment or gear
used.
SEC. 98. Illegal Use of Superlights
or Fishing Light Attractor. – It shall
be unlawful to engage in fishing with
the use of superlight in municipal
waters, or to fish with fishing light
attractor using candlelight power or
intensity beyond the standards set
by the Department in consultation
with the LGUs for fishing in
municipal waters, or in violation of
the rules promulgated by the
Department for fishing with the use
of superlight or fishing light attractor
outside municipal waters.
Upon a summary finding of
administrative liability, the offender
shall be punished by a fine of
Twenty thousand pesos
(P20,000.00) per superlight or
fishing light attractor, and
confiscation of catch, superlight or
fishing light attractor and gears:
Provided, That if the offender is a
municipal fisherfolk, he may render
community service in lieu of fine.
Upon conviction by a court of law,
the offender shall be punished with
imprisonment from six (6) months to
two (2) years and a fine of Forty
thousand pesos (P40,000.00) per
superlight or fishing light attractor,
and confiscation of catch, superlight
or fishing light attractor and gears:
Provided, That if the offender is a
municipal fisherfolk, he may render
community service in lieu of fine or
imprisonment.
SEC. 99. Conversion of Mangroves.
– It shall be unlawful for any person
to convert mangroves into fishponds
or for any other purpose.
Upon a summary finding of
administrative liability, the offender
shall be penalized with a fine
equivalent to the ecological value of
a hectare of mangrove based on
available studies or administrative
fine of Ten million 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.
SEC. 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; (1) Twenty thousand pesos
(P20,000.00) for municipal fishing:
(2) Five times the value of the catch Provided, That if the offender fails to
or One hundred thousand pesos pay the fine, community service shall
(P100,000.00), whichever is higher be rendered;
for small-scale commercial fishing;
(2) Two hundred thousand pesos
(3) Five times the value of catch or (P200,000.00) for small-scale
Three hundred thousand pesos commercial fishing;
(P300,000.00), whichever is higher
for medium-scale commercial (3) Six hundred thousand pesos
fishing; and (P600,000.00) for medium-scale
commercial fishing; and
(4) Five times the value of catch or
Five hundred thousand pesos (4) One million pesos
(P500,000.00), whichever is higher (P1,000,000.00) for large-scale
for large-scale commercial fishing. commercial fishing.

Upon conviction by a court of law, Upon conviction by a court of law,

the offender shall be punished with violation of this provision shall be
imprisonment of six (6) months and punished by imprisonment of two (2)
one (1) day to six (6) years, years to six (6) years and a fine
confiscation of catch and gear, and twice the amount of the
fine twice the amount of the administrative fine, confiscation of
administrative fine and cancellation catch and gear, and cancellation of
of license or permit. license or permit.

SEC. 101. Fishing in Marine SEC. 102. Fishing or Taking of Rare,

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:
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.
SEC. 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 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.
SEC. 104. Exportation of Breeders,
Spawners, Eggs or Fry. – breeders, spawners, eggs or fry, a
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
fine equivalent to twice the amount
of the administrative fine, revocation
of the fishing license, and/or
suspension or revocation of
registration as exporter.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 (2) years and a fine twice the
amount of the administrative fine
and cancellation of license or permit.
SEC. 116. Noncompliance with
Fisheries Observer Coverage. – (a)
It shall be unlawful for Philippine
distant water fishing vessel to sail
without a fisheries observer on
board as required by RFMO
conservation and management
measures.
(b) It shall be unlawful for
commercial fishing vessels to sail
without a fisheries observer in
compliance with this Code and the
rules and regulations promulgated
by the Department.
Upon a summary finding of
administrative liability, an offender
shall be punished with a fine of Five
hundred thousand pesos
(P500,000.00) and forfeiture of the
catch and gear.
Upon conviction by a court of law,
the offender shall be punished with
imprisonment of one (1) month and
one (1) day to six (6) months and
fine of twice the amount of the
administrative fine, confiscation of
catch and suspension or
cancellation of license.
SEC. 117. Noncompliance with Port
State Measures. – No foreign fishing
vessel shall be allowed entry without
providing at least twenty-four (24)-
hour prior notice. When a foreign
fishing vessel is granted entry,
failure to provide a catch report shall
be deemed unlawful. It shall likewise
be unlawful for any person to fail to
comply with other rules on port state
measures promulgated by the
Department in coordination with port
state authorities.
Failure to comply with the 24-hour
period may result in denial of
permission to enter or use of port
facilities and the vessel may be
subject to onboard inspection and/or
impoundment.
 Upon conviction by a court of law,
SEC. 118. Failure to Comply with the offender shall be punished with
Rules and Regulations on imprisonment of six (6) months and
Conservation and Management fine twice the amount of the
Measures. – It shall be unlawful for administrative fine, and confiscation
any person to fail to comply with of the catch and suspension or
conservation and management cancellation of license.
measures adopted in rules and
regulations to be promulgated by the SEC. 119. Noncompliance with
Department pursuant to international Vessel Monitoring Measures. – No
conventions, RFMO resolutions and municipal, commercial or distant
laws of coastal states where water fishing vessel shall engage in
Philippine vessels fish. fishing activity without complying
with the vessel monitoring measures
Upon a summary finding of promulgated by the Department in
administrative liability, violation of coordination with the LGUs:
the rules and regulations Provided, That for vessels operating
promulgated by the Department in Philippine waters, only the catcher
shall be punished with confiscation vessel shall be covered by this
of catch and suspension or requirement. It shall also be unlawful
cancellation of license or permit and to intentionally tamper with, switch
an administrative fine of twice the off or disable the vessel monitoring
value of the catch or the amount system.
indicated below whichever is higher:
Upon a summary finding of
(1) Twenty thousand pesos administrative liability, the fishing
(P20,000.00) for municipal fishing or vessel owner, master or any other
community service in case of failure person acting on behalf of the vessel
to pay the fine; owner shall be punished with
confiscation of catch, suspension or
(2) One million pesos revocation of the license and an
(P1,000,000.00) for small-scale administrative fine equivalent to
commercial fishing; twice the value of the catch or the
amount indicated below, whichever
(3) Two million five hundred is higher:
thousand pesos (P2,500,000.00), for
medium-scale commercial fishing; (1) Ten thousand pesos
and (P10,000.00) for municipal fishing or
community service in case of failure
(4) Five million pesos to pay the fine;
(P5,000,000.00), for large-scale
commercial fishing. (2) Two hundred fifty thousand
pesos (P250,000.00) for small-scale
commercial fishing;
(3) Five hundred thousand pesos
(P500,000.00) for medium-scale
commercial fishing; and
(4) Two million five hundred
thousand pesos (P2,500,000.00) for
large-scale commercial fishing.
In case of violation committed in
waters beyond national jurisdiction,
the administrative fine shall be
equivalent to five times the value of
the catch or twice the amount
indicated above, whichever is
higher.
Upon conviction by a court of law,
the master or any other person
acting on behalf of the vessel owner
shall be punished with imprisonment
of six (6) months to two (2) years
and fine twice the amount of the
administrative fine, confiscation of
catch and suspension or revocation
of the license.
SEC. 120. Constructing, Importing or
Converting Fishing Vessels or Gears
Without Permit from the Department.
– It shall be unlawful for any person
to construct or import fishing vessels
or gears or to convert other vessels
into fishing vessels without permit
from the Department.
Upon a summary finding of
administrative liability, the offender
shall be imposed the penalty of an
administrative fine of:
(1) Fifty thousand pesos
(P50,000.00) for small-scale
commercial fishing;
(2) Five hundred thousand pesos
(P500,000.00) for medium-scale
commercial fishing; and
(3) Two million five hundred
thousand pesos (P2,500,000.00) for
large-scale commercial fishing.
Upon conviction by a court of law,
the offender shall suffer the penalty
of imprisonment from one (1) month
and one (1) day to six (6) months
and fine of twice the amount of the
administrative fine.
SEC. 121. Use of Unlicensed Gear.
– Any person who uses a fishing
gear or method for commercial
fishing without license from the
Department shall, upon a summary
finding of administrative liability, be
fined from Two hundred thousand
pesos (P200,000.00) to Five
hundred thousand pesos
(P500,000.00) per gear depending
on the seriousness of the violation.
Upon conviction by a court of law,
the offender shall be imposed the
penalty of fine from Four hundred
thousand pesos (P400,000.00) to
One million pesos (P1,000,000.00)
depending on the seriousness of the
violation.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 128. Other Violations. – In
addition to the prohibitions in this
Code, the Department, in
consultation with the LGUs, local
FARMCs and NFARMC, shall issue
fishery administrative orders or
regulations for the conservation,
preservation, management and
sustainable development of fisheries
and aquatic resources.
Violation of administrative orders or
regulations promulgated by the
Department or any provision thereof
shall subject the offender to a fine of
One hundred thousand pesos
(P100,000.00) to Five million pesos
(P5,000,000.00), depending on the
socioeconomic impact and
seriousness of the violation, volume
and value of the fisheries product,
damage to the environment due to
the violation, and the habituality of
the offender.
SEC. 129. Escalation Clause. – The
fines herein prescribed shall be
increased by at least ten percent
(10%) every three (3) years to
compensate for inflation and to
maintain the deterrent function of
such fines.”
SEC. 18. A new Chapter VII on
administrative adjudication is hereby
inserted after Chapter VI of Republic
Act No. 8550, to read as follows:
“CHAPTER VII
ADMINISTRATIVE ADJUDICATION
SEC. 130. Administrative
Adjudication. – The Department is
hereby empowered to impose the
administrative fines and penalties
provided in this Code.
For this purpose, the Department
shall organize and designate the
composition of the Adjudication
Committee, which shall be
composed of the bureau director as
chairperson and four (4) other
members to be designated by the
Secretary. The Adjudication
Committee shall be supported by
sufficient number of staff to enable it
to perform its mandate.
The Committee shall promulgate
rules and regulations for the conduct
of administrative adjudication and
the disposition of confiscated catch,
gears, equipment and other
paraphernalia. It shall also issue
subpoena duces tecum and ad
testificandum in administrative cases
before it.
SEC. 131. Commencement of
Summary Administrative Action. –
The Department shall, on its own
instance or upon verified complaint
by any person, institute
administrative proceedings against
any person who violates any order,
rule or regulation issued by the
Department, pursuant to this Code.
SEC. 132. Power to Issue Cease
and Desist Orders and to Summarily
Evict Without the Necessity of
Judicial Order. – The Department
shall, subject to the requirements of
administrative due process, issue
cease and desist order/s upon
violator/s and to summarily eject,
without the necessity of judicial
order, the holder of FLA, other
tenurial instrument, permit or license
from areas of the public domain
covered by such FLA, tenurial
instrument, permit or license.
SEC. 133. Authority of the Director
of the BFAR or the Duly Authorized
Representative to Issue Notice of
Violation and Order Confiscation. –
In all cases of violations of this Code
or other fishery laws, rules and
regulations, the Director of the BFAR
or the duly authorized
representative, may issue notice of
violation and order the confiscation
of any fish, fishery species or
aquatic resources illegally caught,
taken or gathered, and all
equipment, paraphernalia and gears
in favor of the Department,
academic institutions or LGUs and to
dispose of the same in accordance
with pertinent laws, rules,
regulations and policies on the
matter.
SEC. 134. Prohibition on the
Issuance of Temporary Restraining
Orders, Preliminary Injunctions, and
Preliminary Mandatory Injunctions. –
No injunction or restraining order
from the Municipal Trial Courts and
Regional Trial Courts shall lie
against the Department and BFAR
upon the ex parte motion or petition
filed by any person or entity in the
exercise by the Department and
BFAR of its regulatory functions in
support of the implementation of this
Code.
SEC. 135. Accompanying
Administrative Sanctions for Serious
Violations. – The Adjudication
Committee may impose the following
additional sanctions to the
administrative penalties imposed for
serious violations:
(1) confiscation of fishing gear;
(2) impoundment of fishing vessel;
(3) temporary suspension or
permanent revocation of license or
permit;
(4) temporary or permanent ban
from the availment of applicable duty
and tax rebates;
(5) inclusion in the IUU fishing
vessel list;
(6) denial of entry and other port
services;
(7) blacklisting; and
(8) increase in the amount of fines
but not to exceed five (5) times the
value of the catch. In case of
repeated violations within a five-year
period, the amount of fine may be
increased up to eight (8) times the
value of the catch.
During the pendency of the
administrative or the criminal case,
the Department may impound the
vessel/conveyance, gear and other
paraphernalia used in the
commission of the offense.
In applying these accompanying
sanctions, the Department shall take
into account the seriousness of the
violation as defined in Paragraph 82
of Section 4 of this Code, the
habituality or repetition of violation,
manner of commission of the
offense, severity of the impact on the
fishery resources and habitat,
socioeconomic impact, cases of
concealment or destruction of
evidence, eluding arrest, resisting
lawful orders, and other analogous
circumstances.
The overall level of sanctions and
accompanying sanctions shall be
calculated in a manner that is
proportionate, effective and
dissuasive to deprive the offender of
the economic benefits derived from
the serious violation.
SEC. 136. Lien Upon Personal and
Immovable Properties of Violators. –
Fines and penalties imposed
pursuant to this Code shall
constitute a lien upon the personal
and immovable properties of the
violator.
SEC. 137. Community Service. – In
case the offender is a municipal
fisherfolk or has no property over
which the Department may impose
the fines and penalties prescribed
for the offense, community service
may be rendered in lieu of the fine.
The Department shall promulgate
the rules and regulations for this
purpose, taking into account that the
service should be rendered in
accordance with needs of the
community where the offense is
committed and computed based on
the fine and the prevailing minimum
wage in the community, among
others.
SEC. 138. Citizen’s Suits. – For the
purposes of enforcing the provisions
of this Code and its implementing
rules and regulations, any citizen
may file an appropriate civil, criminal
or administrative action in the proper
courts/bodies against:
(a) Any person who violates or fails
to comply with the provisions of this
Code, and its implementing rules
and regulations;
(b) The Department or other
implementing agencies with respect
to orders, rules and regulations
issued inconsistent with this Act; and
(c) Any public officer who willfully or
grossly neglects the performance of
a duty specifically enjoined by this
Code and its implementing rules and
regulations; or abuses authority in
the performance of duty; or, in any
manner improperly performs duties
under this Code and its
implementing rules and regulations:
Provided, however, That no suit can
be filed until after fifteen (15) days
notice has been given the public
officer and the alleged offender and
no appropriate action has been
taken thereon.
SEC. 139. Strategic Lawsuit Against
Public Participation (SLAPP) in the
Enforcement of this Act. – A legal
action filed to harass, vex, exert
undue pressure, or stifle any legal
recourse that any person, institution,
or the government has taken or may
take in the enforcement of this Code
shall be treated as a Strategic
Lawsuit Against Public Participation
(SLAPP).
The hearing on the defense of a
SLAPP shall be summary in nature,
the affirmative defense of a SLAPP
shall be resolved within thirty (30)
days after the summary hearing. If
the court dismisses the action, the
court may award damages,
attorney’s fees, and costs of suit
under a counterclaim if such has
been filed. The dismissal shall be
with prejudice.
If the court rejects the defense of a
SLAPP, the evidence adduced
during the summary hearing shall be
treated as evidence of the parties on
the merits of the case. The action
shall proceed in accordance with the
Rules of Court.
The Rules of Procedure for
Environmental Cases shall govern
the procedure in civil, criminal, and
special civil actions involving the
enforcement or violations of this
Code including actions treated as a
SLAPP as provided in this section.
SEC. 140. Fisheries National
Administrative Register. – The
Adjudication Committee shall enter
in a Fisheries National
Administrative Register, which shall
be publicly available, all decisions,
resolutions or orders involving
violations of this Code, particularly
serious violations committed by
Philippine flagged vessels or by
Philippine nationals and cases on
poaching or involving foreigners,
including the penalties imposed.”

SEC. 19. Section 108 of the Code is
hereby renumbered as Section 141
and a new Section 142 is hereby
inserted after to read, as follows:
“SEC. 142. Fisheries Management
Fund. – A Fisheries Management
Fund is hereby established to
enhance the budget for: the
conservation, preservation,
protection, management,
development and regulation of the
fishery and aquatic resources;
research and development and
capability building of the various
stakeholders including provision for
scholarships; supplementary
livelihood for poverty alleviation; and
improvement of productivity and
processes of the various
stakeholders. It shall be
administered by the Bureau of
Fisheries and Aquaric Resources as
a special account in any government
financial institution.
It shall be funded from administrative
fines and penalties imposed under
this Code, from the proceeds of the
sale of forfeited fish, fishing gears,
paraphernalia and fishing vessels,
and contributions in the form of
endowments, grants and donations
to the fund, which shall be exempted
from donor and other taxes, charges
or fees imposed by the government.
The Fund shall be exclusively
utilized as follows:
(a) fifteen percent (15%) for the
purchase, upgrade and maintenance
of vessels, communication and other
equipment used for the monitoring,
control and surveillance of Philippine
waters and distant water fishing;
(b) five percent (5%) for the payment
of litigation expenses, cost of
conveyance of witnesses and other
costs due to cases filed by or
against the Republic of the
Philippines in international courts
arising from the implementation of
this Code or where apprehending
party or parties become respondents
or defendants in any tribunal or court
of law;
(c) twenty-five percent (25%) for the
operating costs and capacity
building of the NFARMC, IFARMCs
and C/MFARMCs and payment for
the cost of rehabilitation, medical
expenses for injury, or indemnity for
death of law enforcement officers,
including deputized volunteers,
distributed as follows: five percent
(5%) to the NFARMC, five percent
(5%) to all IFARMCs, five percent
(5%) to all C/MFARMCs, and ten
percent (10%) to C/MFARMCs for
the apprehension and successful
prosecution of a fisheries offense;
(d) five percent (5%) for the
continued upgrading of laboratory
facilities and equipment;
(e) five percent (5%) for the research
and development activities of the
NFRDI;
(f) five percent (5%) for the capability
development of BFAR personnel,
deputized law enforcement agencies
and volunteers, and stakeholders;
 SEC. 23. Repealing Clause. – All
(g) ten percent (10%) for scholarship laws, decrees, executive orders and
grants for children of fisherfolks and rules and regulations or parts thereof
fishworkers in fish catch, which are inconsistent with this Act
aquaculture, fishing and fish are hereby repealed or modified
processing; accordingly.

(h) fifteen percent (15%) for SEC. 24. Effectivity. – This Act shall
livelihood programs for production take effect fifteen (15) days after its
enhancement and poverty complete publication in at least two
alleviation; and (2) newspapers of general
circulation.
(i) fifteen percent (15%) for
assistance to fishermen in the form Approved,
of shared facilities.”

SEC. 20. Renumbering of the

Remaining Chapters and Sections of
Republic Act No. 8550. – Sections
109 to 133 of Republic Act No. 8550
are hereby renumbered as Sections
143 to 167 accordingly. Chapters
VII, VIII and IX of the same Act are
hereby renumbered as Chapter VIII,
IX and X, respectively.

SEC. 21. Implementing Rules and

Regulations. – The Department of
Agriculture, in consultation with
concerned government agencies
and stakeholders, shall promulgate
the implementing rules and
regulations of this Act, within six (6)
months from the effectivity of this
Act.

SEC. 22. Separability Clause. – If

any portion of this Act is declared
unconstitutional or invalid, the
portions or provisions which are not
affected shall continue to be in full
force and effect.