Animal Welfare

REPUBLIC

ACT

NO.

8485

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

compliance with the conditions imposed 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 fund in it budget for the purpose.

The Committee shall be composed of the official representatives of the following:

SECTION 4. It shall be the duty of any owner or operator of any land, air or water public utility transporting pet, wildlife and all other animals to provide in all cases adequate, dean and sanitary facilities for sale 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

1. The Department of Interior and Local Government (DILG); 2. Department of Education, Culture and Sports (DECS) 3. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA) 4. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR) 5. National Meat Inspection Commission (NMIC) of the DA 6. Agriculture Training Institute (ATI) of DA 7. Philippine Veterinary Medical Association 8. Veterinary Practitioners Association of the Philippines (VPAP) 9. Philippine Animal Hospital Association (PA HA) 10. Philippine Animal Welfare Society (PAWS) 11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA) 12. Philippine Society of Swine Practitioners (PSSP) 13. Philippine College of Canine Practitioners (PCCP) 14. Philippine Society of Animal Science (PSAS)

No public utility shall transport any such animals without a written permit form 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 Director of the Bureau of Animal Industry. Cruelty in transporting includes overcrowding, placing of animals in the trunks or under the hood trunks of vehicles. SECTION 5. There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall, subject to the approval of the Secretary of the Department of Agriculture, issue the necessary rules and regulation for the strict implementation of the provisions of this Act, including the setting of safety and sanitary standards, within thirty (30) calendar days following its approval. Such guidelines shall be reviewed by the Committee every three years from its implementation or whenever necessary.

The Committee shall be chaired by a representative coming from the private sector and shall have two (2) vicechairpersons composed of the representative of BAI and another from the private sector. The Committee shall meet quarterly or as often as the need arises. The Committee 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 President

A.

GONZALES the, Senate

of

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. ROBERTO P. Secretary General, Representatives HEZEL Secretary Approved: February

NAZARENO House of

P. of

the

11,

GACUTAN Senate

1998

FIDEL V. RAMOS President of the Philippines THE PRECEDING ARTICLE WAS COPIED FROM THE ORIGINAL REPUBLIC ACT 8485

REPUBLIC ACT NO. 9482 “Anti-Rabies Act of 2007” AN ACT PROVIDING FOR THE CONTROL AND ELIMINATION OF HUMAN AND ANIMAL RABIES, PRESCRIBING PENALTIES FOR VIOLATION THEREOF AND APPROPRIATING FUNDS THEREFOR Begun and held in Metro Manila, on Monday, the Nineteenth day of February, Two Thousand Seven. Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: Section 1. Title. - This Act shall be known as the “Anti-Rabies Act of 2007”. 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 Rabies shall be provided and the need for responsible pet ownership established. Sec. 3. Definition of Terms. - For the purpose of this Act, the following terms shall mean: (a) Bitten refers to an act by which a Dog seizes, cuts or grips with its teeth so that the skin of a person has been wounded, pierced or scratched. (b) Concerned Officials refers to barangay officials, health workers, police officers or government veterinarians. (c) Direct Supervision refers to range supervision where physical presence of the veterinarian within the barangay is necessary. (d) Dog refers to a common quadruped domestic animal belonging to the order carnivora (male or female), scientifically known as canis familiaris. (e) Euthanasia refers to the process of painless death to Dogs and other animals. (f) Impound refers to seize and hold in the custody of the law. (g) Owner refers to any person keeping, harboring or having charge, care or control of a Dog including his/her representative. (h) Pound refers to a public enclosure for stray animals. (i) Public Place refers to any place open to the public like parks, malls, markets, streets, etc. (j) Rabies refers to a highly fatal disease caused by a lyssa virus, transmitted mainly through the bite of an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia, and other neurological manifestations. (k) Rabies transmission refers to the transmission or passage of the Rabies virus through a bite by an infected animal, or through contamination with virus-laden saliva on breaks in the skin and of mucous membranes such as the eyes, the lips, the mouth, or the genital organs. (l) Rabies Vaccination/Immunoprophylaxis of Humans refers to the inoculation of humans, with modern day rabies

vaccines or Rabies immunoglobulin, by a trained doctor or nurse under the supervision of a qualified medical practitioner. (m) Rabies Vaccination of Dogs refers to the inoculation of a Dog with a Rabies vaccine by a licensed government or privateveterinarian or trained individual under the direct supervision of a licensed veterinarian. The services of the said trainedindividual shall be limited only to Rabies Vaccination Injection in Dogs and only during government mass vaccination campaigns. (n) Post-exposure Treatment (P.E.T) refers to an anti-Rabies treatment administered after an exposure to Rabies, which include local wound care, Rabies vaccine, with or without anti-Rabies immunizing agent. (o) Pre-exposure Prophylaxis (P.E.P.) refers to Rabies vaccination administered before an exposure to Rabies to those who are at high risk of getting Rabies. (p) Stray Dog refers to any Dog leaving its Owner’s place or premise and no longer under the effective control of the Owner. (q) Veterinary or Human Barbiturates refer to drugs that depress the function of the central nervous system. Sec. 4. National Rabies Prevention and Control Program. - It is hereby mandated that there shall be a National Rabies Prevention and Control Program to be implemented by a multi-agency/multisectoral committee chaired by the Bureau of Animal Industry of the Department of Agriculture. The program shall be a multiagency effort in controlling and eliminating Rabies in the country. Among its component activities include: (1) mass vaccination of Dogs; (2) establishment of a central database system for registered and vaccinated Dogs; (3) impounding, field control and disposition of unregistered, Stray and unvaccinated Dogs; (4) conduct of information and education campaign on the prevention and control

of Rabies; (5) provision on pre-exposure treatment to high risk personnel and Post ExposureTreatment to animal bite victims; (6) provision of free routine immunization or Pre-Exposure Prophylaxis (P.E.P.) of schoolchildren aged five to fourteen in areas where there is high incidence of rabies as well as the encouragement of the practice of responsible pet ownership; (7) The program shall be implemented by the Department of Agriculture (DA), Department of Health (DOH), Department of the Interior and Local Government (DILG) and Department of Education (DepEd), as well as Local Government Units (LGUs) with the assistance of the Department of Environment and Natural Resources (DENR), Non-Governmental Organizations (NGOs) and People’s Organizations (POs). Sec. 5. Responsibilities of Pet Owner. All Pet Owners shall be required to: (a) Have their Dog regularly vaccinated against Rabies and maintain a registration card which shall contain all vaccinations conducted on their Dog, for accurate record purposes. (b) Submit their Dogs for mandatory registration. (c) Maintain control over their Dog and not allow it to roam the streets or any Public Place without a leash. (d) Be a responsible Owner by providing their Dog with proper grooming, adequate food and clean shelter. (e) Within twenty-four (24) hours, report immediately any Dog biting incident to the Concerned Officials for investigation or for any appropriate action and place such Dog under observation by a government or private veterinarian. (f) Assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries. Sec. 6. Responsibilities of Government Agencies. The following

government agencies, which shall jointly implement the National Rabies Prevention and Control Program, shall be tasked to: A. Department of Agriculture (1) Improve and upgrade existing animal Rabies laboratory diagnostic capabilities to ensure better services to the people. (2) Ensure the availability and adequate supply of animal anti-Rabies vaccine at all times. (3) Undertake free anti-Rabies Vaccination of Dogs giving priority to high risk depressed areas. (4) Maintain and improve animal Rabies surveillance system. (5) Establish and maintain Rabies free zone in coordination with the LGUs. (6) Immediately facilitate for the approval of the sale and use of Veterinary and Human Barbiturate drugs and veterinary euthanasia drugs by the DOH and the Philippine Drug Enforcement Agency (PDEA). (7) Strengthen the training of field personnel and the Information Education and Communication (IEC) activities on Rabies prevention and control and responsiblepet ownership. (8) Conduct research on Rabies and its control in coordination with other agencies. (9) Formulate minimum standards and monitor the effective implementation of this Act. (10) Encourage collaborative activities with the DOH, DepEd, DILG, DENR, NGOs, POs and other concerned sectors. B. Department of Health (1) Ensure the availability and adequate supply of DOH pre-qualified human AntiRabies vaccine in animal bite treatment centers at all times and shall coordinate with other implementing agencies and concerned NGOs for this purpose. (2) Provide Post-Exposure Treatment at the minimum expense to individuals bitten by animals suspected of being rabid which will consist of the initial vaccine and immunoglobulin dose. (3) Provide Pre-Exposure Treatment to high-risk personnel, such as, but not limited to, laboratory staff,veterinarians,

animal handlers, vaccinators and other persons working with Rabies virus for free. (4) Coordinate with the DA in the development of appropriate health education strategy to inform the public on Rabies prevention and control and responsible pet ownership. (5) Develop and maintain a human Rabies surveillance system.(6) Encourage collaborative activities with the DA, DepEd, DILG, DENR, NGOs, POs and other concerned sectors. (7) Immediately approve the registration of Veterinary and Human Barbiturate drugs and veterinary euthanasia drugs in coordination with the PDEA. C. Department of Education (1) Strengthen Rabies education program through school health teaching/curriculum. (2) Assist in the Dog mass immunization campaigns in the community. (3) Encourage collaborative activities with the DA, DOH, DILG, DENR, NGOs, POs and other concerned sectors. (4) Integrate proper information and education on responsible pet ownership in the relevant subjects in the Elementary and High School levels. Sec. 7. Responsibilities of the LGUs. LGUs, in their respective localities, shall: (1) Ensure that all Dogs are properly immunized, registered and issued a corresponding Dog tag for every immunized and registered Dog. (2) Strictly enforce Dog Impounding activities and field control to eliminate Stray Dogs. (3) Ensure that Dogs are leashed or confined within the premises of the Owner’s house or Owner’s fenced surroundings. (4) Allocate funds to augment the implementation of the National Rabies Prevention and Control Program, particularly on the financing of supplies and human and Dog vaccines needed for immunization. (5) Ensure the enforcement of Section 6 of Republic Act No. 8485 or “The Animal Welfare Act of 1998”.

(6) Enact additional local ordinances that will support the National Rabies Prevention and Control Program that should include the regulation of treatment locally known as “tandok.” (7) Prohibit the trade of Dogs for meat. (8) With respect to cities and first class municipalities, establish and maintain a Dog Pound where Impounded Dogs shall be kept, in accordance with Section 9 herein: Provided, That the other municipalities, shall, on their own, establish a Dog Pound or opt to share the expense of establishing and maintaining a Dog Pound with other adjoining municipalities and/or with private animal shelters and control facilities. (9) Prohibit the use of electrocution as a euthanasia procedure. (10) Appoint a veterinarian and establish a veterinary office in every province, city and first-class municipality: Provided, That the other municipalities shall, on their own, opt to share the expense of having a veterinary office. (11) Require pet shops to post information regarding Rabies and responsible pet ownership. (12) For purposes of ensuring the administrative feasibility of implementing the provisions of this Act and subject to paragraph 8 of this Section, the LGU shall collect the fines imposed under Section 11 subparagraphs (1). (3), (4), (5) and (6) hereof. Any and all fines collected pursuant to this Act shall be used for the enhancement of the National Rabies Prevention and Control Program within the locality concerned, as well as the achievement of the objectives envisioned in this Act.The DILG shall ensure compliance of these responsibilities by the LGUs. Sec. 8. Assistance of NGOs and the Academe. - The agencies tasked to implement the anti-Rabies program shall seek the assistance and participation of NGOs in any of the following activities: (1) Community mobilization. (2) Health education/information 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 the effectivity of this Act.

(Sgd.) GLORIA MACAPAGAL - ARROYO 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.) President

MANNY of the

VILLAR 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, 2007 and February 20, 2007 respectively. (Sgd.) Secretary

OSCAR of

(Sgd.) ROBERTO Secretary House of Approved:

May

G. the P.

YABES Senate

NAZARENO General Representatives 25,

2007

[REPUBLIC ACT NO. 10631] AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8485, 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. 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.

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.

“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.”

“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.

SEC. 2. Section 6 of Republic Act No. 8485 is hereby amended to read as follows:

“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. 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,

“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.

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 mayaring 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 – mapaaso, 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 highlycommercialized 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 kalapitbarangay 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: [email protected] the name & designation of the person you spoke to as well as the circumstances of the report so we can help you followup.) 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 enhance biological diversity;

and

(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. SECTION 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. — The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic

resources, including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and, by joint 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; (b) “By-product or derivatives” means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens; (c) “Captive-breeding/culture or propagation” means the process of producing individuals under controlled conditions or with human interventions; (d) “Collection or collecting” means the act of gathering or harvesting wildlife, its by-products or derivatives;

(e) “Conservation” means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat;

subspecies naturally occur or has naturally established its population; (n) “Import permit” refers to a permit authorizing an individual to bring in wildlife from another country;

(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;

(o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring or has naturally established population in the country;

(g) “Economically important species” means species which have actual or potential value in trade or utilization for commercial purpose;

(p) “Introduction” means bringing species into the wild that is outside its natural habitat;

(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; (i) “Endemic species” means species or subspecies which is naturally occurring and found only within specific areas in the country; (j) “Exotic species” means species or subspecies which do not naturally occur in the country; (k) “Export permit” refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country; (l) “Gratuitous permit” means permit issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife; (m) “Habitat” means a place or environment where a species or

(q) “Reexport permit” refers to a permit authorizing an individual to bring out of the country a previously imported wildlife; (r) “Secretary” means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture; (s) “Threatened species” a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction; (t) “Trade” means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally; (u) “Traditional use” means utilization of wildlife by indigenous 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 Wildlife Resources ARTICLE ONE General Provision

Protection

of

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 require that prior informed consent be obtained by the applicant from the concerned indigenous cultural communities, local communities,

management board under Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. The prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period. Upon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period. If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources. SECTION 15. Scientific Researches on Wildlife. — Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided, That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall likewise apply.

SECTION 16. Biosafety. — All activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction; field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats. SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. — Breeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact study. SECTION 18. Economically Important Species. — The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-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. The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which

species shall likewise be categorized as threatened.

simultaneous breeding.

SECTION 23. Collection of Threatened Wildlife, By-Products and Derivatives. — The collection of threatened wildlife, as determined and listed pursuant to this Act, including its by-products and derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance with Section 6 of this Act: Provided, That only the accredited individuals, business, research, educational or scientific entities shall be allowed to collect for conservation breeding or propagation purposes.

The Secretary shall threatened species breeding and shall or update such list arises.

SECTION 24. Conservation Breeding or Propagation of Threatened Species. — Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or 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: (a) Proven effective breeding and captive management techniques of the species; and (b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act,

with

conservation

prepare a list of for commercial regularly revise or as the need

SECTION 25. Establishment of Critical Habitats. — Within two (2) years following the effectivity of this Act, the Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in the area, among others. All designated critical habitats shall 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 Exotic Species

Threatened

and

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 detrimental to wildlife;

products

(ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral extraction; (iv) burning; (v) logging; and (vi) quarrying

exploration

and/or

(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 species listed as critical;

against

(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 byproducts, 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 CDEaAI

by

the

government.

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 wellbeing. The Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers.

deduction from the taxable income of the donor and shall be exempt from donor’s tax.

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.

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.

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 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 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

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 the Department of Agriculture, in coordination with the Committees on Environment and Ecology of the Senate and the House of Representatives, respectively, shall promulgate respective rules and regulations for the effective implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of rules and

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. 1219, as amended, Republic Act No. 6147, and other laws, orders and regulations inconsistent herewith are hereby repealed or amended accordingly. SECTION 41. Effectivity. — This Act shall take effect fifteen (15) days after publication in the Official Gazette or two (2) newspapers of general circulation. [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 200nautical 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, or businesses and activities relating to fishery, whether private or public lands; and (d) all Philippine flagged fishing vessels operating in areas governed

by a Regional Fisheries Management Organization (RFMO), in the high seas, or in waters of other coastal states.” SEC. 3. Section 4 of the same Act is hereby amended, as follows: “SEC. 4. Definition of Terms. – As used in this Code, the following terms and phrases shall mean as follows: (1) x x x xxx (12) Community Service – means any service or activity that is performed for the benefit of the community or its institutions in lieu of payment of fine imposed as administrative or criminal penalty. (13) Conservation and Management Measures – means measures to conserve and manage living marine resources that are adopted and applied consistently with the relevant rules of international law including those reflected in conventions, RFMO resolutions and laws of other coastal states where Philippine flagged vessels fish. (14) x x x (15) x x x (16) x x x (17) x x x (18) Distant Water Fishing – means fishing in the high seas or in waters of other states.

(19) x x x (20) x x x (21) x x x (22) x x x (23) x x x (24) x x x (25) x x x (26) x x x (27) x x x (28) x x x (29) x x x (30) x x x (31) x x x (32) x x x (33) x x x (34) 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 fishing vessels operating in violation of Philippine laws, Regional Fisheries Management Organization resolutions, and laws of other coastal states. (56) x x x (57) x x x (58) x x x (59) x x x (60) Marine Protected Area – means a defined area of the sea established and set aside by law, administrative regulation, or any other effective means in order to conserve and protect a part of or the

entire enclosed environment through the establishment of management guidelines. It is considered a generic term that includes all declared areas governed by specific rules or guidelines in order to protect and manage activities within the enclosed area. (61) x x x (62) x x x (63) x x x (64) x x x (65) x x x (66) x x x (67) x x x (68) x x x (69) x x x (70) x x x (71) x x x (72) x x x (73) Port State Measures – refers to the requirements established or interventions undertaken by port states, which a Philippine flagged or foreign fishing vessel must comply with as a condition for the use of ports within the port state. (74) x x x (75) x x x (76) Reference Points – means benchmark values often based on indicators such as fishery stock size

or the level of fishing that serves as standard to compare estimates of a fishery stock size and fishing mortality over time depending on the biological characteristics of the species. Reference points can mark: (a) a limit or a level that should be avoided; (b) a target, which should be achieved and maintained; or (c) a trigger that signals the need to take prescribed actions. (77) Regional Fisheries Management Organization (RFMO) – means a multi-lateral organization with responsibility to coordinate management and establish 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;

(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

(c) Fishing in a closed area or during a closed season;

(85) Transhipment – refers to the transfer of all or any fish or fishery product from one fishing vessel to another.

(d) Fishing of prohibited species;

(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 overexploited 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

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.

(aa) perform such other related functions which shall promote the development, conservation, management, protection and utilization of fisheries and aquatic resources.”

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:

SEC. 17. Chapter VI of Republic Act No. 8550 is hereby repealed and replaced with a new Chapter VI to read as follows:

(1) Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

“CHAPTER VI

(2) One hundred fifty thousand pesos (P150,000.00) to Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing; and

PROHIBITIONS AND PENALTIES SEC. 86. Unauthorized Fishing. – (a) It shall be unlawful for any person to

(3) One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) for largescale commercial fishing.

permit shall constitute & prima facie presumption that the person is engaged in unauthorized fisheries activity.

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.

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.

(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

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 smallscale commercial fishing; (2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for mediumscale commercial fishing; and (3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for largescale 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 smallscale commercial fishing; (2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for mediumscale commercial fishing; and (3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for largescale 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 smallscale commercial fishing; (2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for mediumscale commercial fishing; and (3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for largescale 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 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 activity that damage coral reefs. 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; (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 catch or Three hundred thousand pesos (P300,000.00), whichever is higher for medium-scale commercial fishing; and (4) Five 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 with imprisonment of six (6) months and one (1) day to six (6) years, confiscation of catch and gear, and fine twice the amount of the administrative fine and cancellation of license or permit. SEC. 101. Fishing in Marine 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: (1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the offender fails to pay the fine, community service shall be rendered; (2) Two hundred thousand pesos (P200,000.00) for small-scale commercial fishing; (3) Six hundred thousand pesos (P600,000.00) for medium-scale commercial fishing; and (4) One million pesos (P1,000,000.00) for large-scale commercial fishing. Upon conviction by a court of law, violation of this provision shall be punished by imprisonment of two (2) years to six (6) years and a fine twice the amount of the administrative fine, confiscation of catch and gear, and cancellation of license or permit. SEC. 102. Fishing or Taking of Rare, 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. – 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.

fishery species in violation of this Code shall be unlawful.

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.

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 equivalent to three (3) times the value of the breeders, spawners, eggs, or fry exported or One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00), whichever is higher, confiscation of breeders, spawners, eggs or fry, suspension or revocation of license for commercial fishing and/or registration as exporter. Upon conviction by a court of law, the offender shall be punished by imprisonment of eight (8) years to ten (10) years, confiscation of breeders, spawners, eggs or fry, a fine equivalent to twice the amount of the administrative fine, revocation of the fishing license, and/or suspension or revocation of registration as exporter. SEC. 105. Importation or Exportation of Fish or Fishery Species. – Any importation or exportation of fish or

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 environmentallysound 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.

shall be punished with confiscation of catch and suspension or cancellation of license or permit and an administrative fine of twice the value of the catch or the amount indicated below whichever is higher:

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.

(1) Twenty thousand pesos (P20,000.00) for municipal fishing or community service in case of failure to pay the fine;

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. SEC. 118. Failure to Comply with Rules and Regulations on Conservation and Management Measures. – It shall be unlawful for any person to fail to comply with conservation and management measures adopted in rules and regulations to be promulgated by the Department pursuant to international conventions, RFMO resolutions and laws of coastal states where Philippine vessels fish. Upon a summary finding of administrative liability, violation of the rules and regulations promulgated by the Department

(2) One million pesos (P1,000,000.00) for small-scale commercial fishing; (3) Two million five hundred thousand pesos (P2,500,000.00), for medium-scale commercial fishing; and (4) Five million pesos (P5,000,000.00), for large-scale commercial fishing. Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) months and fine twice the amount of the administrative fine, and confiscation of the catch and suspension or cancellation of license. SEC. 119. Noncompliance with Vessel Monitoring Measures. – No municipal, commercial or distant water fishing vessel shall engage in fishing activity without complying with the vessel monitoring measures promulgated by the Department in coordination with the LGUs: Provided, That for vessels operating in Philippine waters, only the catcher vessel shall be covered by this requirement. It shall also be unlawful to intentionally tamper with, switch

off or disable the vessel monitoring system.

catch and suspension or revocation of the license.

Upon a summary finding of administrative liability, the fishing vessel owner, master or any other person acting on behalf of the vessel owner shall be punished with confiscation of catch, suspension or revocation of the license and an administrative fine equivalent to twice the value of the catch or the amount indicated below, whichever is higher:

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.

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of failure to pay the fine; (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

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.

fine shall be twice the amount indicated above.

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.

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. 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:

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;

(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;

(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

(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.

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

In case of violation by distant water fishing vessels, the administrative

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 commission of the offense.

the

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.

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).

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:

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.

(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

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 utilized as follows:

be

exclusively

(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;

(g) ten percent (10%) for scholarship grants for children of fisherfolks and fishworkers in fish catch, aquaculture, fishing and fish processing; (h) fifteen percent (15%) for livelihood programs for production enhancement and poverty alleviation; and (i) fifteen percent (15%) for assistance to fishermen in the form 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. SEC. 23. Repealing Clause. – All laws, decrees, executive orders and rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly. SEC. 24. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation. Approved,