RA 8550, As Amended by RA 10654

Kenneth A.
Sy
Fishery Law Enforcement Officer
BFAR-Fisheries Protection and Law Enforcement Group
BFAR-FPLEG
Republic Act No. 10654
Consolidation “An Act To
of Senate Bill Prevent, Deter
No. 2414 & Lapsed
& Eliminate
into law on
House Bill No. Illegal,
Feb. 27,
4536 passed on Unreported &
2015
Dec. 1, 2014 Unregulated
Fishing”
RA 10654 Sec. 21 IRR

effectivity date: within 6
September 24,
months
March 24, 2015 2015
from
effectivity
IRR signed Published on IRR

on Philippine Star Effectivity
September and Inquirer date:
23, 2015 on Sept. 25, October 10,
2015 2015
Salient Features
A. Introduces the concept of IUU fishing
B. IUU fishing activities are defined as new offenses

C. Addresses high seas fishing & fishing in other coastal states by
Phil. flagged fishing vessels
D. Emphasizes compliance with conventions to conserve & manage living
marine resources such as UNCLOS (Ecosystems Based Approach;
Precautionary Principle
E. Increases fines & adopts graduation of penalties & a wide array of
accompanying administrative penalties for serious violations to ensure
that sanctions are dissuasive and have deterrent
effect
Salient Features
F. Adopts an automatic escalation clause in the amount of fines
to address inflation & maintain deterrent effect
G. Empowers BFAR to prosecute criminal offenses regardless of

where the offense took place
H. Introduces concept of community service for municipal
fisherfolk offenders
I. Adopts broad measures on port state, flag state (vessel

monitoring measures, observer program, catch documentation) &
market-related measures
Salient Features
J. Empowers the department to ensure enforcement of regulatory
measures (notice of violation, cease & desist orders, ejectment &
impoundment)
administrative adjudication in
K. Provides a new chapter on
order to promptly & effectively deprive offenders of the
economic benefits derived from IUU fishing & empowers DA to
organize the adjudication committee & to issue notice of violations
Definition of Terms
 Commercial Fishing – the taking of fishery species
by passive or active gear for trade, business or profit beyond
subsistence or sports fishing, to be further classified as:
1. Small scale commercial fishing – fishing with passive

or active gear utilizing fishing vessels of 3.1 GT up to
20 GT;
2. Medium scale commercial fishing – fishing utilizing
active gears and vessels of 20.1 GT up to 150 GT; and
3. Large scale commercial fishing – fishing utilizing
active gears and vessels of more than 150 GT.
Definition of Terms
 Closed Season – the period during which the taking
of specified fishery species by a specified fishing gear
is prohibited in a specified area or areas in Philippine
waters.
 Community Service – 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.
Distant Water Fishing – fishing in the high seas or in

waters of other states.
Definition of Terms
 Fishing Light Attractor – 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.
 Fisheries Observer – 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.
Definition of Terms
 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.
 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.
 Port State Measures – 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
Definition of Terms
 Precautionary principle - states that when human
activities may lead to threats of serious and irreversible
damage to the environment that is scientifically plausible
but uncertain, actions shall be taken to avoid or diminish
that threat.
 Prima Facie- Latin word which means at the first view or

on the first appearance
 Prima facie presumption - a presumption based on what

is known or seen when something is first considered or
dealt with
-presumption which can be rebutted or disputed by
competent proof to the contrary
-
Definition of Terms
 Serious Violation – means any of the following
violations of the Code:
(a) Fishing without a valid license, authorization or
permit;
(b) Fishing without reporting the catch or misreporting
the catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel
markings, identity or registration to conceal vessel
identity or lack of registration;
Definition of Terms
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.
Definition of Terms
 Multiple violations – as provided in Item 82 (j) of Section
4 Serious Violation, refer to the commission by an offender
at any one instance, of 3 or more violations as defined in
this Code, which are not enumerated under (a) to (i) of
Item 82 of Section 4 [Serious Violation], resulting to an
actual damage of at least P5 Million, which, taken together
constitute a serious disregard of the Code, and therefore
qualify as a serious violation.
 Transhipment – refers to the transfer of all or any fish or

fishery product from one fishing vessel to another.
Definition of Terms
 Unreported Fishing – 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.
Definition of Terms
 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.
Definition of Terms
 Vessel Monitoring Measure – means a method or a
system used to track and monitor the position, course and
speed of the vessels at any given time for the purpose of
management of fishing effort and fisheries resources and
for traceability.
 Vessel Monitoring System – refers to a satellite-based

system used to track and monitor the position, course and
speed of the vessels at any given time for the purpose of
management of fishing effort and fisheries resources and
for traceability.
Definition of Terms
 3 highest officers –
1. Captain or Maestro -considered the highest officer
2. Master Fisherman -the second highest officer
3.Third highest officer -the next highest responsible person
after the Master Fisherman and determined to have been
responsible for decision-making in fishery operations.
The 3 officers must be on board the vessel.

Prohibitions and Penalties
Sec. 86 to Sec. 128
Sec. 86 Unauthorized Fishing
Sec. 87 Engaging in Unauthorized Fisheries Activities
Sec. 88 Failure to Secure Fishing Permit prior to Engaging in Distant Water Fishing
Sec. 89 Unreported Fishing
Sec. 90 Unregulated Fishing
Sec. 91 Poaching in Philippine Waters
Sec. 92 Fishing through Explosives, Noxious or Poisonous Substance or Electricity
Sec. 93 Use of Fine Mesh Net
Sec. 94 Fishing in Overexploited Fishery Management Areas
Sec. 95 Use of Active Gear in Municipal Waters, Bays and Other Fishery Management
Areas
Sec. 96 Ban on Coral Exploitation and Exportation
Sec. 97 Ban on Muro-ami, Other Methods and Gears Destructive to Coral Reefs and
Other Marine Habitat
Sec. 98 Illegal Use of Superlights or Fishing Light Attractor
Sec. 99 Conversion of Mangroves
Sec. 100 Fishing During Closed Season
Sec. 101 Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries
Sec. 86 to Sec. 128
Sec. 102 Fishing or taking of Rare, Threatened, or Endangered Species
Sec. 103 Capture of Sabalo and Other Breeders/ Spawners
Sec. 104 Exportation of Breeders, Spawners, Eggs or fry
Sec. 105 Importation or Exportation of Fish or Fishery Species
Sec. 106 Violation of Harvest Control Rules
Sec. 107 Aquatic Pollution
Sec. 108 Failure to Comply with Minimum Safety Standards
Sec. 109 Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages
Sec. 110 Gathering and Marketing of Shell Fishes and Other Aquatic Species
Sec. 111 Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or
Bay
Sec. 112 Non-Compliance with Good Aquaculture Practice
Sec. 113 Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk ,
Fishworker or Crew
Sec. 114 Obstruction of Defined Migration Paths
Sec. 115 Obstruction to Fishery Law Enforcement Officer
Sec. 86 to Sec. 128
Sec. 116 Non-Compliance with Fisheries Observer Coverage
Sec. 117 Non-Compliance with Port State Measures
Sec. 118 Failure to Comply with Rules and Regulations on Conservation and
Management Measures
Sec. 119 Non-Compliance with Vessel Monitoring Measures
Sec. 120 Constructing, Importing or Converting Fishing Vessels or Gears without
Permit from the Department
Sec. 121 Use of Unlicensed Gear
Sec. 122 Falsifying, Concealing or Tampering with Vessel Markings, Identity or
Registration
Sec. 123 Concealing, Tampering or Disposing of Evidence Relating to an Investigation
of a Violation
Sec. 124 Non-Compliance with the requirements for the Introduction of Foreign or
Exotic Aquatic Species
Sec. 125 Failure to Comply with Standards and Trade-Related Measures
Sec. 126 Possessing, Dealing in or Disposing Illegally Caught or Taken Fish
Sec. 127 Unauthorized Disclosure of Sensitive Technical Information
Sec. 128 Other Violations
Sec. 86. Unauthorized Fishing
(a) Unlawful to capture or gather or to cause the capture
or gathering of fish, fry or fingerlings of any fishery
species or fishery products without license or permit
from the DA or LGU.
(b) Unlawful for any person not listed in the registry of

municipal fisherfolk to engage in any commercial
fishing activity in municipal waters.
 Fishing for daily food sustenance or for leisure which is
not for commercial, occupation or livelihood purposes
is allowed.
 Except in cases specified under this Code, it is unlawful for
any commercial fishing vessel to fish in municipal waters.
Prima facie presumption of unauthorized fishing
 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
 The prima facie presumption will not apply if the gear of the
vessel is not engaged in fishing or deployed, or in cases of
authorized and supervised sea and net trials: provided, that
there is prior authorization for such sea and net trials
granted by the BFAR Central Office and Regional Offices.
Penalties
Liability Persons Penalty
Liable
Administrative •Boat Captain • Confiscation of Catch and Gear
• 3 Highest • Fine 5x the value of the catch or fine
Officers whichever is higher:
• Owner or Small Scale- P50K to P100K
operator Medium Scale-P150k to P500K
Large Scale-P1M to P5M
Criminal • Boat Captain • Imprisonment of 6 mos.
and • Confiscation of catch and gear and 2x the
• 3 highest administrative fine
Officers
 (b) Unlawful for any person not listed in the registry
of municipal fisherfolk to engage in any commercial
fishing activity in municipal waters.
 Penalties:
Person Liable Administrative Penalty

• Person not listed in registry of • 2x the value of catch or P5K
Municipal Fisherfolk whichever is higher or community
service, if applicable
• confiscation of the catch and
fishing gear
SEC. 87. Engaging in Unauthorized
Fisheries Activities
 Unlawful for any person to exploit, occupy, produce,
breed or culture fish, fry or fingerlings of any fishery
species or fishery products or construct and operate
fish corrals, fish traps, fish pens and fish cages or
fishponds without a license, lease or permit.
 The discovery of any person engaging in any of the

above activities without a lease, license or permit
shall constitute a prima facie presumption that the
person is engaged in unauthorized fisheries activity.
 Fish Corral
 Penalties
Liable
Administrativ Person • P500K to P1M
e without a • Dismantling and removal of the structures at
license, lease the expenses of the offender
or permit • Rehabilitation of the area and confiscation of
stocks
Criminal Person • Imprisonment: 6 mos.
without a • Fine: 2x the administrative fine
license, lease • Dismantling and Removal of the structures at
or permit the expenses of the offender
• Rehabilitation of the area and confiscation of
stocks
SEC. 90. Unregulated Fishing
 Unlawful for any person to engage in unregulated
fishing in waters within and beyond national
jurisdiction
 2 types of Unregulated Fishing:
1. Within waters of national jurisdiction

2. In waters beyond national Jurisdiction
1.Unregulated Fishing within waters of national

jurisdiction
The following are considered unregulated fishing in

Philippine waters:
a. the act of a fisherman or fisherfolk of
working in an unregistered fishing vessel; or
b. the act of a corporation or enterprise of
operating an unregistered fishing vessel.
2. In waters beyond national jurisdiction
- Unregulated fishing committed in waters beyond national

jurisdiction, by a Filipino or a Filipino corporation, shall be
prosecuted exclusively by the Philippine government.
-If the unregulated fishing was committed in a coastal state,

there shall be concurrent jurisdiction for purposes of
prosecution.
Penalties:
Within waters of national jurisdiction
Persons Liable Administrative Penalty

• Owner or operator of municipal • Fine
or commercial fishing vessel Municipal Fishing-P5K or
• 3 highest officers community service, if applicable
Small Scale-P100K
Medium Scale-P200k
Large scale-P500k
Penalties: In waters beyond national jurisdiction

Liable
Administrative • Owner • Fine-5x the value of catch or amount
• Operator indicated, whichever is higher:
• 3 Highest Small Scale-P2M to P9M
Officers Medium Scale-P10M to P15M
Large Scale
<750GT-P16M to P20M
>750Gt-P25M to P45M
Criminal 3 Highest • Imprisonment: 6 mos.

Officers • Fine: 2x Administrative fine
• Confiscation of catch and gear
SEC. 92. Fishing Through Explosives, Noxious
or Poisonous Substance, or Electricity
a. Unlawful 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
Unlawful to use electrofishing devices for fishing
b. Unlawful for any person to possess explosives, and

noxious or poisonous substances for illegal fishing
 The use of poisonous or noxious substances to catch, take
or gather fish or fishery species may be allowed for
research, educational or scientific purposes, subject to
safeguards and conditions set by the Department and
endorsement from the concerned LGU
 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.
SEC. 92. Fishing Through Explosives, Noxious or
Poisonous Substance, or Electricity
 Prima Facie Presumption
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.
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.
 Only fish examiners duly authorized by DA-BFAR shall

be qualified to determine that the fish are caught by
explosives.
 Only testing laboratories accredited by the Philippine

Accreditation Office and recognized by the DA-BFAR
are qualified to determine if the fish are caught by
noxious or poisonous substances. The recognition
scheme developed by DA-BFAR for government and
private testing laboratories shall be adopted.
SEC. 92. Fishing Through Explosives,
Noxious or Poisonous Substance, or
Electricity
 Penalties
Use of Electrofishing devises
Person Liable Criminal Penalty

Person in actual use of • Imprisonment-6 yrs.
electrofishing device • Fine-P5K
a) use of explosives, noxious or poisonous substance in fishing
Liability Person Liable Penalty

•Administrative • Person found • Confiscation of:
in the actual 1. catch including those not caught
use of illegally if co-mingled with those
explosives, caught illegally,
noxious or 2. gear, explosives and noxious or
poisonous poisonous substances, or electrofishing
substances devices and paraphernalia and gear, a
3. Fine equivalent to 5x the value of the
catch or the amount of fine indicated
below whichever is higher:
Municipal fishing- P30k
Small Scale-P300K
Medium Scale-P1.5M
Large Scale-P3M
a) use of explosives, noxious or poisonous substance in fishing
Liability Persons Liable Penalty
Criminal • Person found in • Imprisonment-5 to 10 years
the actual use of • Confiscation of:
explosives, 1. catch, including those not caught
noxious or illegally if co-mingled with those caught
poisonous illegally
substances 2. gear, explosives and noxious or
poisonous substances, or electrofishing
devices and paraphernalia, gear
• Fine: 2x 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.
 Penalties
b) Possession of explosives, noxious, or poisonous substances
for illegal fishing
Liability Persons Liable Penalty
Administrative • Confiscation of catch and gear
• Fine-5x the value of catch or amount
• Person in indicated whichever is higher:
possession of Municipal-P5K
explosives, Small Scale-P100K
noxious or Medium Scale-P500K
poisonous Large Scale-P1M
substances for • Imprisonment-6 mos. to 2 yrs.
Criminal illegal fishing • Fine-2x the Administrative fine
• Confiscation of catch and gear.
SEC. 93. Use of Fine Mesh Net
 Unlawful to fish using nets with mesh smaller than that which
may be determined by the Department
 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.
 Prima facie presumption
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.
 Exceptions. – The use of fine mesh net shall be allowed through a
specific gear license or permit granted for this purpose, only in the
following circumstances:
1. If the net is used to catch:
a) Padas (Siganidae), bangus fry (Chanos chanos), sugpo fry

(Penaeidae), banak fry (Mugilidae), glass eels and elvers
(Anguilidae) and such other immature species for culture
purposes;
b) Aquarium/ornamental animals; and
c) Other species already mature such as, but not limited to, alamang
(Acetes spp.), tabios (Pandaca pygmea), sinarapan (Mistichthys
luzonensis), dilis (Engraulidae), and snails (Ampularia luzonica
and Vivipora spp.).

 2. In cases of ring nets, purse seines for sardines, mackerels
and scads, and bagnets, wherein the mesh size is 1.9
centimeters (17 knots), measured between two opposite
knots of a full mesh when stretched: provided, however, that
the operator is required to take measures to ensure that no
juvenile will be caught.
 Penalties
Liability Person Liable Administrative

Administrative • Owner, • Confiscation of catch and fishing gear
• operator, • Fine- 3x the value of catch or amount
• captain, indicated whichever is higher:
Municipal- P20K or community service, if
• Municipal
applicable
fisherfolk Small Scale-P50K
Medium Scale-P100K
Large Scale-P200K
Criminal • Captain or • Confiscation of catch and gear
master • Imprisonment-6 years
fisherman • Fine-2x the administrative fine
• Municipal
fisherfolk
SEC. 94. Fishing in Overexploited Fishery
Management Areas
 Unlawful
for any person to fish in fishery
management areas declared as overexploited.
 The DA-NFRDI and DA-BFAR, in coordination with

concerned stakeholders, LGUs and other
government agencies, whenever appropriate, shall
continue to conduct resource assessments in
fishery management areas to determine whether
they are overexploited, and to declare them as such.
Recent data show
heavy exploitation
rate in nine of
major bays and
gulfs (BFAR-NFRDI,
2008)
Unabated fishing
pressure and
destructive fishing
practices are the
direct threats to
fisheries
SEC. 94. Fishing in Overexploited Fishery
• Penalties:
Management Areas
Person Liable Administrative Criminal
• Person caught • Confiscation of catch and • Imprisonment-6 mos.
fishing in FMAs gear and 1 day to 6 yrs.
declared as • Fine: Whichever is higher • Fine- P500K to P5M
overexploited Municipal-3x value of catch • Confiscation of catch and
or P20K ,community service, fishing equipment used
if applicable • Cancellation of permit or
Small Scale-5x value of catch license
or P100K
Medium Scale-5x value of
catch or P300K
Large Scale-5x the value of
catch or P500k
SEC. 95. Use of Active Gear in Municipal Waters,
Bays and Other Fishery Management Areas
 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.
 Exceptions:
The following gears are not covered by the prohibition:
1. Gill nets, other than bottom-set gill nets, not more than
500 meters in length per boat used by registered
municipal fisherfolk, which shall be regulated by the LGU;
2. "Sudsud" or push net used to catch Acetes sp. "alamang" and
Stolephorus sp. "dilis," which is operated by a registered municipal
fisherfolk/fisherfolk cooperative/association, either manually or by
the use of a registered and licensed municipal motorized boat with
single piston engine of not more than sixteen (16) horsepower,
during approved fishing season for the species, and covered by a
management plan duly approved by the LGU;
3. Active gears such as purse seine or "pangulong", ring net or "taksay"

and such other gears that do not touch the sea bottom, used by
small and medium commercial fishing vessels authorized by the LGU
pursuant to Section 18 of this Code and pertinent rules, to fish in the
10.1 to 15 km. of municipal waters only, as reckoned from the general
coastline.
 “Sud-sud” or Push net

 The municipal or city government, may, authorize or permit small and
medium commercial fishing vessels to operate within the 10.1 to 15
kilometer area from the shore line in municipal waters provided, that
all the following are met:
a. no commercial fishing in municipal waters with depth less than seven

(7) fathoms as certified by the appropriate agency;
- The boundaries of the allowable areas for commercial fishing must be

established. The municipality and city government may seek the
assistance of the Department and/or the National Mapping and
Resource Information Authority (NAMRIA) in establishing the
boundaries and isobath depth of waters;
SEC. 95. Use of Active Gear in Municipal Waters, Bays
and Other Fishery Management Areas
b. fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department;
-In addition to passive gears, small and medium commercial fishing

vessels, may be allowed to use active gears such as purse seine or
"pangulong", ring net or "taksay" and such other gears that do not touch
the sea bottom.
c. prior consultation, through public hearing, with the M/CFARMC has

been conducted to present the following:
(1) a map showing the areas of the municipal waters where small
and medium commercial fishing vessels may be allowed to
operate;
(2) the type of fishing vessels and gears that may be allowed in
such waters; and
(3) the draft municipal fisheries ordinance permitting such
commercial fishing operations
d. The applicant vessel as well as the shipowner, employer, captain and

crew have been certified by the appropriate agency as not having
violated this Code, environmental laws and related laws.
e. Enact appropriate municipal fisheries ordinance.
In no case shall the authorization or permit mentioned above be

granted for fishing in bays as determined by the Department to be in
an environmentally critical condition and during closed season.
 Penalties
• Owner, • Confiscation of catch • Confiscation and
• operator, and fishing gears forfeiture of fishing
• boat captain, • Fine- 3x the value of gears and catch
• master fisherman of the catch value • Imprisonment -2 yrs.
the vessel or the chief indicated whichever is to 6 yrs.
executive officer in a higher: • Fine-2x the
corporation or the Municipal- P20K administrative fine
managing partner in a community service, if
partnership applicable
Small Scale-P50K
Medium Scale-P100K
Large Scale-P500K
SEC. 99. Conversion of Mangroves
 It shall be unlawful for any person to convert mangroves
into fishponds or for any other purpose.
 The prohibition on conversion does not apply to any of the

following:
a.)Areas covered by Fishpond Lease Agreements (FLA),
Aquasilviculture Stewardship Contract (ASC) or Gratuitous
Permit and other tenurial instruments;
b.) Private property not classified as mangrove forest; and
c.) Development activities duly covered and approved by
competent authorities.
Greatest threat to mangroves is conversion either to

agriculture, aquaculture, saltponds, human
settlements or other coastal development
 Penalties
Persons Administrative Criminal
Liable
• Persons who • Fine- equivalent to the • Base fine: P80K or a fine
converted ecological value of a equivalent to the
mangroves into hectare of mangrove based administrative penalties,
fishponds or for on available studies or • Imprisonment - 6 months
other purposes fine -P10M/ hectare, and 1 day to 12 years
whichever is higher • Restore or pay for the
• Restore or pay for the restoration of the damage.
restoration of the damaged • Environmental damages-
area. P500K per hectare/year
until the area is restored.
SEC. 101. Fishing in Marine Protected Areas,
Fishery Reserves, Refuge and Sanctuaries
 Unlawful to fish in marine protected areas, fishery reserves,
refuge, or fish sanctuaries as declared by the Department
or the LGUs.
 Penalties
Persons Liable Administrative Criminal
• Person who • Confiscation of catch and gear • Imprisonment-2 yrs to
conducted • Fine-2x the value of catch or 6 yrs
fishing in Marine amount indicated, whichever is • Fine- 2x the
Protected Areas, higher administrative fine
Fishery Reserves, Municipal-P20K or community • Confiscation of catch
Refuge and service if applicable and gear
Sanctuaries Small Scale-P200K • Cancellation of
Medium Scale-P600K License
Large Scale-P1M
SEC. 102. Fishing or Taking of Rare,
Threatened or Endangered Species
 (a) Unlawful to fish or take, catch, gather, sell,
purchase, possess, transport, export, forward or
ship out:
1. aquatic species listed in Appendix I of the Convention on

the International Trade in Endangered Species of Wild
Flora and Fauna (CITES), or
2. those categorized by the International Union for

Conservation of Nature and Natural Resources (IUCN)
as threatened and determined by the Department as
such.
SEC. 102. Fishing or Taking of
Rare, Threatened or Endangered Species
 CITES Appendix I Species
Irawaddy dolphin (Orcaella

Humpback whale (Megaptera
brevirostris )
novaeangliae)
(b) 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
 The taking or fishing of these species from the wild may be

allowed if for:
a. scientific research, or
b. conservation breeding simultaneous with
commercial breeding
 CITES Appendix II
Fraser’s dolphin (Lagenodelphis hosei) Hippocampus

Tridacnidae
spp. (seahorses)
spp. (giant
clams)
 CITES Appendix III
Red coral, Corallium japonicum

(c) Unlawful to gather, take, possess, transport, or export,
forward or ship out captive-bred species that have been
transplanted to the wild.
 If the violation mentioned in a, b and c is committed by a
vessel manned by more than 2 persons, the captain,
master, and 2 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.
The prohibition on fishing or taking applies to parts

and derivatives of the rare, threatened or endangered
species.
 Other species may be added to the list of Rare,
Threatened, Endangered Aquatic Species pursuant to
FAO 208 s. 2001 upon recommendation of the
Philippine Aquatic Red List Committee subject to the
consultation process stated in Rule 65.2.
 The National Aquatic Wildlife Management

Committee, created under the IRR of the Wildlife Act,
shall determine the value of the species based on
accepted scientific methodology for the purpose of
implementing the pertinent penalties to be imposed on
the offender.
 Penalties
a.) Aquatic species listed in Appendix I of the , or categorized by
the
IUCN as threatened
Person Liable and determined by the Department
Administrative as such
Criminal
• Person who fish or • Fine- 5x the value of • Imprisonment- 12
take, the species or yrs and 1 day to 20
catch, gather, sell, purchase, P500K to P5M, yrs
possess, transport, export, whichever is higher, • Fine-2x the
forward or ship out: and administrative fine
1. Aquatic species listed • Forfeiture of the •Forfeiture of the
in Appendix I of the CITES species. species
or • Cancellation of
2. categorized by the fishing permit.
IUCN as threatened and
determined by the
Department as such
 Penalties
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

• Person who fish, take, catch, gather, • Fine-3x the value of • Imprisonment -5
sell, purchase, possess, transport, export, the species or P300K to 8 years
forward or ship out aquatic species listed to P3M, whichever is • Fine- 2x the
in CITES Appendices II and III without a higher, and administrative fine
declaration based on scientific • Forfeiture of the • Forfeiture of the
assessments that the population of the species. species.
species in the wild can remain viable
under pressure of collection and trade
 Penalties
Captive-bred species that have been transplanted to the
wild.
• Person who gather, • Fine- 3x the value of •Imprisonment-5 to 8

take, possess, the species or P300K yrs.
transport, or export, to P3M, whichever is Fine-3x the value of
forward or ship out higher, the species or P3M,
captive-bred species • Forfeiture of the whichever is higher,
that have been species and
transplanted to the •Forfeiture of the
wild. species
SEC. 103. Capture of Sabalo and Other
Breeders/Spawners
 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.
 Subject to guidelines, the catching of sabalo and
other breeders/spawners for may be allowed for:
a) local breeding purposes or

b) scientific or research purposes
SEC. 103. Capture of Sabalo and Other
Breeders/Spawners
 Penalties
• Person who catch, gather, • Fine-5x the value of the • Imprisonment- 6
capture or possess mature sabalo, other breeders, or mos. and 1 day to 8
milkfish or sabalo and other spawners gathered or yrs
breeders or spawners of other captured, or P500K, • Fine-2x the
fishery species as may be whichever is higher, administrative fine,
determined by the Department • Forfeiture of catch and • Forfeiture of catch
gear. and fishing
• Person who catch sabalo and equipment used, and
other breeders/ spawners for •Suspension or
local breeding purposes or revocation of license
scientific or research purposes
not in accordance with the
guidelines set by the
Department.
SEC. 104. Exportation of Breeders,
Spawners, Eggs or Fry
 The export of hatchery-bred or captive-bred breeder,
spawner, egg or fry, may be allowed subject to the
regulations to be promulgated.
 The eggs and fry, prohibited for exportation refer to viable

or live eggs or fry, intended for breeding, propagation or
culture purposes
 There is a presumption of connivance or conspiracy

between the shipper and the shipping or forwarding
company on whose possession the breeders, spawners,
eggs, or fry are discovered or seized if the shipping or
forwarding company fails to fully cooperate in the
investigation.
 A shipping or forwarding company, in whose possession the breeders,
spawners, eggs, or fry are discovered or seized, shall be considered as fully
cooperating in the investigation if, upon five (5) days from receipt of a
written request by the DA-BFAR, the following documents covering the
transactions are submitted:
o Cargo booking advice;
o Master airway bill (MAWB) or transfer manifest;
o Articles of Incorporation/ Partnership or DTI registration;
o Copy of the latest General Information Sheet/Financial Statement of the
corporation;
o Latest address of exporter on record;
o Copy of latest statement of account of the exporter;
o List of employees of exporter on record;
o Contact numbers of exporter on record; and
o A written undertaking of the owner of the shipping or forwarding company to
provide other assistance, which may include among others, the appearance of
any officer of the company during the investigation process.
 Penalties
• Person/ shipper who • Fine-3x the value of • Imprisonment of 8
exported breeders, the breeders, yrs to 10 yrs,
spawners, eggs or fry spawners, eggs, or fry • Confiscation of
taken from the wild exported or P100K to breeders, spawners,
P500K whichever is eggs or fry,
• Person/ shipper who higher, • Fine-2x the
exported hatchery- • Confiscation of administrative fine
bred or captive bred breeders, spawners, • Revocation of the
spawner, egg or fry but eggs or fry fishing license, and/or
did not comply with • Suspension or suspension or
the requirements set revocation of license revocation of
by the Department. for commercial fishing registration as
and/or registration as exporter
exporter.
SEC. 105. Importation or Exportation of
Fish or Fishery Species
 Unlawful to import or export fish or fishery species in
violation of this Code
 There is a presumption of connivance or conspiracy

between the shipper and the shipping or forwarding
company on whose possession the fish or fishery
species are discovered or seized if the shipping or
forwarding company fails to fully cooperate in the
investigation.
 A shipping or forwarding company, in whose possession the fish or
fishery species imported or exported, shall be considered as fully
cooperating in the investigation if, upon five (5) days from receipt of a
written request by the DA-BFAR, the following documents covering the
transactions are submitted:
o Cargo booking advice;
o Master airway bill (MAWB) or transfer manifest;
o Articles of Incorporation/ Partnership or DTI registration;
o Copy of the latest General Information Sheet/Financial Statement of the
corporation;
o Latest address of exporter on record;
o Copy of latest statement of account of the exporter;
o List of employees of exporter on record;
o Contact numbers of exporter on record; and
o A written undertaking of the owner of the shipping or forwarding company
to provide other assistance, which may include among others, the
appearance of any officer of the company during the investigation process.
 Penalties
• Person who import or • Fine of 5x times the •Imprisonment- 8 yrs
export fish or fishery value of the species or and •fine of twice the
products in violation of•P300K to p500K administrative fine,
the Code whichever is higher, and •Forfeiture and/or
•Forfeiture and/or destruction of the
• Shipping or destruction of the species
forwarding company (in species. • Offenders shall be
case he was not able to banned from being
rebut presumption that members or
he was in connivance stockholders of
with the shipper) companies currently
engaged in fisheries or
companies to be created
in the future.
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
 Harvest Control Rules for Limit Reference Points. – Once the LRP
is reached, the following HCR shall be implemented after compliance
with Rule 65.2:
a. Limitation on fishing effort. – The fishing effort per fishing ground or
fishery management area shall be maintained at existing levels and no
additional new licenses shall be issued;
Rules
b. Determination of priority access for renewal of licenses. – Licensees
of CFVL who have been timely and consistently submitting catch
reports shall have priority access to the fishing ground through the
renewal of their licenses. However, licenses shall not be renewed if the
licensees have been found guilty by a court of a serious violation as
defined in this Code;
c. Declaration of a closed season. – A closed season, either spatial,

temporal or by gear or fishing method, may be declared as appropriate;
d. Reduction by attrition. – As an extreme measure when the resource is
at its critical level, decommissioned vessels shall not be replaced; and,
e. Other measures. – Other measures may be adopted when necessary.
Rules
 Penalties
• Persons who • Confiscation of catch and • Imprisonment- 6 mos.
violated the fishing gear and 1 day to 6 years
Harvest Control • Revocation of license • Fine- 2x
Rules • Fine: whichever is higher administrative fine
implemented in a Municipal- 3x value of •Confiscation of catch
fishing area catch or P20K or community and fishing gear
service if applicable • Revocation of License
Small-scale- 5x value of catch
or P100K
Medium Scale- 5x value of
catch or P1M
Large Scale- 5x value of catch
or P5M
SEC. 107. Aquatic Pollution
 Unlawful to conduct activities that will cause aquatic
pollution
 A Technical Committee will assist the Adjudication

Committee in determining whether the activity harms the
living and non-living aquatic resources, extent of damage
and monitor compliance with the rehabilitation plan
SEC. 107. Aquatic Pollution
 Penalties
Persons liable Administrative Criminal
• Persons who • Fine- P300K to P500K • Imprisonment of 6 yrs and 1
conducted • additional fine of P15K/ day day to 12 yrs
activities that until the violation ceases and • Fine- 2x administrative fine
caused aquatic the fines are paid additional fine of P15K per day
pollution • cease and desist order, until the violation ceases and
closure or suspension of the the fines are paid
development, construction or • cease and desist order,
facility, or cessation of closure or suspension of the
operations, or disconnection development, construction or
of water supply which may be facility, or cessation of
issued ex parte pending operations, or disconnection
resolution of the case. of water supply which may be
issued ex parte pending
resolution of the case.
SEC. 109. Failure to Submit a Yearly Report
on All Fishponds, Fish Pens and Fish Cages
 Unlawful not to submit an annual report on the type of
species and volume of production of fishponds, fish pens
and fish cages whether in public or private lands
 Owners or operators of fishponds, fish pens, and fish cages

are required to submit an annual report of the type of
species and volume of production from January 1 to
December 31 not later than January 31 of the succeeding year
to the DA-BFAR Regional offices following the format
prescribed.
 The DA-BFAR may give notice of the failure to submit the

report. The owner/operator has a grace period of 2 months
from receipt of the notice to comply with the requirement
otherwise administrative and/or criminal charges shall be
filed against him.
SEC. 109. Failure to Submit a Yearly Report
on All Fishponds, Fish Pens and Fish Cages
 Penalties
• Owner/ operator • Fine-P5K/ per • Fine- 2x
of fishponds, fish unreported hectare. administrative fine
pens, and fish cages • Fishpond with
whether in public Fishpond Lease
or private lands Agreement-
who fail to submit non-submission of
the annual report a report for 2
despite notice and consecutive years
beyond the 2 shall result to its
months grace cancellation
period given
SEC. 110. Gathering and Marketing of Shell
Fishes or Other Aquatic Species
 Unlawful for any person to gather, take, sell, transfer,
possess, commercially transport, export, forward or
ship out:
1. any sexually mature shell fish or other aquatic

species identified by the Department,
2. aquatic species which are below the minimum size,
or above the maximum quantities prescribed
SEC. 110. Gathering and Marketing of Shell
Fishes or Other Aquatic Species
 Other parameters for the protection of heavily
traded species may be promulgated.
 Penalties

• Persons who gather, take, • Fine equivalent to • Imprisonment -1
sell, transfer, possess, the value of the month and 1 day to
commercially transport, species or P50K, 6 months
export, forward or ship out whichever is higher, • Fine-2x
sexually mature shellfish or • Confiscation of the administrative fine
other aquatic species or same, • Cancellation of
aquatic species below the • Cancellation of the permit or
minimum size or above the permit or license license.
maximum quantities
prescribed
SEC. 111. Obstruction to Navigation or
Flow or Ebb of Tide in any Stream, River,
Lake or Bay
 Unlawful to cause obstruction to navigation or flow
or ebb of tide
 Existing fisheries structures not prohibited by law are

not considered as obstruction to navigation and free
flow of water.
SEC. 111. Obstruction to Navigation or
Flow or Ebb of Tide in any Stream, River,
Lake or Bay
 Penalties

• Person who caused or • Fine-P200K • Imprisonment- 1 mo.
owns the fish corrals, • Dismantling of and 1 day to 6 mos.
fish traps. Fish pens or Obstruction, fish • Fine-2x the
fish cages that corrals/ traps, fish pens administrative fine
obstructs the or fish cages at the • Confiscation of stocks
navigation or flow or expense of the offender and dismantling of
ebb of tide in any obstruction , fish
stream, river, lake or corrals/traps, fish pens
bay or fish cages at the
expense of the violator
SEC. 112. Noncompliance with Good
Aquaculture Practices
 In the conduct of fishery operations involving the
breeding and farming of fish and other fishery species,
it is unlawful not to comply with:
1. good aquaculture practices, and

2. the guidelines for environmentally-sound design
and operation for the sustainable development of the
aquaculture industry
 Proper storage of feeds
× √
 Non-compliance with good aquaculture practice and
environmentally-sound design shall refer to violations of
standards, which, after failure of the owner or operator to
comply thereto and to adopt the required remedial
measures, despite prior written notice of such violations,
result into any of the following situations:
a. 50% mortality of the cultured fish stocks of an

aquaculture zone comprised of several contiguous farms
owned by different individuals;
b. Poisoning of wild fish population;
c. Widespread contamination of pests and diseases; or
d. Aquatic pollution as defined under this Code.
 Penalties
• Owner/ operator who • Fine- P10K to • Imprisonment –
despite written prior notice of P100K per day 3 yrs and
non compliance with good until the violation • Fine-2x the
aquaculture practices and ceases and the administrative fine
guidelines for environmentally fines are paid
sound design did not adopt
the required remedial
measures which resulted in
50% mortality, poisoning,
spreading of pests and
diseases, aquatic pollution
SEC. 115. Obstruction to Fishery Law
Enforcement Officer
 Unlawful to assault, resist, intimidate, harass,
seriously interfere with, or unduly obstruct or delay 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
 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.
Enforcement Officer
 Fishery law enforcement officer, authorized inspector or
observer, a deputized fish warden of the LGU, or any lawfully-
boarding government officers, shall only refer to those:
1. properly appointed and authorized officer by

competent authorities,
2. properly identified as an officer by wearing the proper
uniform and/or by possessing an identification card
indicating his appointment and authorization.
The law enforcement officer should observe the proper

boarding and inspection procedures as provided in the
approved manual of operations.
Enforcement Officer
Enforcement Officer
 A fishery law enforcement officer shall enjoy the
presumption of regularity under Section 3(m), Rule 131 of
the Rules of Court when enforcing the provisions of this
Code and other fishery laws.
 Penalties
• Fishing vessel • Cancellation of license • Imprisonment from 6
owner, master or or permit mos. to 2 yrs and
operator, or any • Fine- P1M for fishing • Fine- 2x the
other person acting vessels operating in administrative fine
in his behalf Philippine waters or P2M • Cancellation of license
for fishing vessels or permit
operating beyond
Philippine waters
SEC. 118. Failure to Comply with Rules &
Regulations on Conservation and
Management Measures
 Unlawful not 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.
SEC. 118. Failure to Comply with Rules &
Regulations on Conservation and
Management Measures
 Penalties
• Person who • Confiscation of catch and •Imprisonment- 6 mos.
failed to comply • Suspension or cancellation • Fine- 2x the
with of license or permit administrative fine
conservation • Fine-2x value of the catch • confiscation of the catch
and management or the amount indicated and
measures below whichever is higher: • suspension or
adopted in rules Municipal-P20K or cancellation of license.
and regulations community service if
applicable
Small Scale- P1M
Medium Scale- P2.5M
Large Scale- P5M
SEC. 122. Falsifying, Concealing or
Tampering with Vessel Markings, Identity
or Registration
 Unlawful for any person to falsify, conceal vessel
identity or lack of registration or tamper with the
vessel markings, identity or registration
SEC. 122. Falsifying, Concealing or
Tampering with Vessel Markings, Identity or
Registration
 Penalties
• Person who falsified, • Confiscation of catch • Imprisonment- 2 yrs
concealed the vessel • Suspension or to 6 yrs
identity or lack of cancellation of license • Fine- 2x
registration or tamper • Fine: administrative fine
with vessel markings, Municipal- P10K or • Confiscation of catch
identity or registartion community service if • Suspension or
applicable cancellation of license
Small-scale-P100K
Medium Scale- P1M
Large Scale- P5M
Distant Water Fishing
vessels- 2x the amount
indicated
SEC. 123. Concealing, Tampering or
Disposing of Evidence Relating to an
Investigation of a Violation
 Unlawful for any person to conceal, tamper or dispose
evidence relating to an investigation of a violation.
SEC. 123. Concealing, Tampering or
Disposing of Evidence Relating to an
Investigation of a Violation
 Penalties
• Person who • Suspension or cancellation of • Imprisonment-5 yrs

concealed, license to 10 yrs
tampered, or • Fine • Fine- 2x
disposed of Municipal- P10K or community administrative fine
evidence relation to service if applicable • Suspension or
an investigation of Small-scale- P100K cancellation of license
a violation Medium Scale- P1M
Large Scale- P5M
Distant water fishing vessel-2x

the administrative fine
provided
SEC. 124. Noncompliance with the
Requirements for the Introduction of
Foreign or Exotic Aquatic Species
 Unlawful to import, introduce, or breed, foreign or exotic
aquatic species without the conduct of risk analysis and
prior approval of the Department.
 The importation, introduction to the wild, or breeding of

foreign or exotic aquatic species or genetically modified
aquatic species, their by-products and derivatives, shall be
governed by the provisions of Republic Act No. 9147 or the
Wildlife Act, FAO No. 221, Series of 2003, and Executive
Order No. 514, Series of 2006.
SEC. 124. Noncompliance with the
Requirements for the Introduction of
Foreign or Exotic Aquatic Species
 Penalties
• Persons who • Fine - P200K to P6M • Imprisonment- 6 yrs to
imported, • Confiscation and destruction 12 yrs
introduced or bred of the foreign or exotic species • Fine -P400K to P12M
foreign, aquatic • Should the species become • Confiscation of foreign
species without the invasive and result to predation or exotic species and the
conduct of risk of native aquatic biota, loss of • Costs for containment,
analysis and prior income or damage to the eradication or
approval of the habitat, the offender shall bear restoration.
Department the costs of containment,
eradication and/or restoration.
SEC. 126. Possessing, Dealing in or
Disposing Illegally Caught or Taken Fish
 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.
 There shall be a mandatory training conducted by BFAR for fish
sellers, fish dealers, transporters, importers, or exporters on the
detection of fish caught through the use of explosives.
 The instances when a prima facie presumption shall apply are as

follows:
a. Completion of the training by the offender;
b. Failure to complete the training for an unjustifiable cause; or
c. Failure to attend despite due notice.
The LGU personnel authorized to issue the Auxiliary Invoice shall

also undergo the mandatory training.
 The cooperation of the seller, fish dealer, transporter,
importer, or exporter of fish, in whose possession any fish
or species caught with the use of explosives or noxious or
poisonous substances, to pinpoint the source of the fish in
an investigation conducted on the matter, shall rebut the
prima facie presumption of knowledge.
 The prohibited acts mentioned in this Section do not apply

to acts undertaken to dispose confiscated fish following
seizure or confiscation in accordance with existing rules.
 Penalties
• Persons who ship, • Fine- P50K to P200K • Imprisonment- 6
commercially transport, 5x value of fish or mos. to 2 yrs,
offer for sale, sell, species, whichever is • Fine-8x value of the
import, export or have higher, and species or P100K to
custody, control, • Confiscation of the P500K, whichever is
possession of, or to deal same higher
in any manner dispose • Confiscation of the
of any fish or fishery fish or fishery products
species caught, taken or • Suspension or
retained in violation of revocation of
the Code registration or license
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.
 The DA-BFAR shall observe the process stated in

Rule 65.2, on the promulgation of new rules and
regulations.
SEC. 128. Other Violations
• Penalties
Persons Liable Administrative

• Persons who violated • Fine- P100K to P5M
Administrative Orders or depending on the
regulations promulgated by socioeconomic impact and
the Department 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 prescribed shall be increased by at least 10% every 3
years to compensate for inflation and to maintain the deterrent
function of such fines.
 The Escalation Clause shall apply if these 2 conditions concur:
1. The Bangko Sentral ng Pilipinas has determined that there has

been inflation in the past 3 years; and
2. The existing fines no longer serve as a deterrent as determined
by DA-BFAR following the process stated in Rule 65.2.
SEC.130.Administrative Adjudication
 The Department is empowered to impose the administrative fines
and penalties provided in this Code for this purpose an Adjudication
Committee shall be organized.
 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.
 Composition of the Adjudication Committee
a. Director of DA-BFAR, as Chairperson, and the following 4
other members to be designated by the Secretary:
 DA-BFAR Assistant Director for Technical Services;

 DA-BFAR Assistant Director for Administrative Services;
 Representative of the municipal fisherfolk sector in the
NFARMC; and
 Representative of the commercial fishing sector in the
NFARMC.
The NFARMC members representing the municipal fisherfolk sector

and commercial fishing sector shall choose their respective
representative to the Adjudication Committee.
 Support Staff:
1. Secretariat
2. Hearing Officers in the National and
Regional Offices
The Adjudication Committee shall within 3

months from its first regular meeting
promulgate rules of procedure for the conduct of
administrative adjudication.
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.
 An administrative action is commenced upon the filing of a
verified complaint must be supported by affidavits of
witnesses and documentary evidence before the
Adjudication Committee through the Secretariat.
 In cases initiated by the Bureau, the law enforcement officer

shall file the completion of the investigation of the violation.
Sec. 131 Commencement of Summary
Administrative Adjudication
 Offer to settle
- Prior to the commencement of any criminal action in

court, the violation may be subject to an administrative
settlement based on a schedule to be promulgated by
the Adjudication Committee;
- The settlement penalty shall not be lower than thirty

percent (30%) of the minimum of the imposable
penalty prescribed under the law;
 Offer to settle
The settlement penalty imposed after the filing of an Answer

or responsive pleading but before a decision is rendered,
shall not be lower than 50% of the imposable penalty under
the law.
An offender may avail of an administrative settlement, as a

matter of right, twice within the 3 year period of their
license. Thereafter, the acceptance of an offer to settle shall
be decided upon by the Adjudication Committee.
 In determining the settlement penalty to be imposed, the
following formula shall be used:
Settlement Penalty = (ACTUAL GT ÷ MAX GT) x Compromise

Rate x Minimum Penalty amount
 In case the formula is inapplicable:

a.) settlement penalty shall not be lower than thirty percent
(30%) of the minimum of the imposable penalty prescribed under
the law;
b.) settlement penalty imposed after the filing of an Answer or
responsive pleading but before a decision is rendered, shall not be
lower than 50% of the imposable penalty under the law.
 A written offer of settlement made and approved by the
Adjudication Committee before the promulgation of
judgment shall not be considered as an admission of
any liability.
 A written offer made and accepted after the filing of an

Answer or any responsive pleading shall warrant a
higher rate.
SEC. 132. Power to Issue Cease and Desist
Orders & to Summarily Evict Without the
Necessity of Judicial Order
 The DA-BFAR National and Regional Directors may issue
the following subject to the requirements of administrative
due process and guidelines set by the Department:
a.) Cease and Desist Orders
- for violations of the Fisheries Code or other fishery laws,
rules and regulations
b.) Summary Ejectment Orders

- to implement the decision of the Adjudication Committee
in FLA related cases or violations of the Fisheries Code.
SEC. 133. Authority of the Director of the BFAR
or the Duly Authorized Representative to Issue
Notice of Violation and Order Confiscation
 Notice of Violation
-may be issued by authorized representatives of the Bureau
- issued immediately upon apprehension or arrest of the
offender to the offender, owner on record of the vessel or
gear.
- informs the apprehended party the offense committed,

imposable penalties and that he will be charged
administratively before the Adjudication Committee and
that he may offer a settlement and that upon offer and
acceptance of an offer to settle, the offender will not be
administratively charged before the Adjudication
Committee.
 Seizure Receipt
- issued to the offender together with the NOV
- contains an inventory of fish, fishery species or aquatic
resources that are subjects or proceeds of the offense
committed and all fishing equipment, paraphernalia and
gears that may be confiscated as provided for by law.
- signed by the authorized representative of the Bureau and
a witness
 Effects of the Issuance of a Seizure Receipt
1. Allows the authorized representatives to seize any fish,

fishery species or aquatic resources illegally caught, taken
or gathered on behalf of the government, for distribution to
LGUs, orphanages, homes for the aged, and similar
charitable institutions, as they may deem appropriate, after
the proper documentation necessary for adjudication
and/or litigation purposes have been taken.
 Effects of Issuance of Seizure Receipt
2. Allows the authorized representatives to seize on behalf of the

government, regardless of a settlement, the following:
a. fish, fishery species or its products or by-products prohibited by law to be
possessed, transported or traded;
b. fishing equipment, paraphernalia or gears prohibited by law to be used in
fishing;
c. fishing equipment, paraphernalia or gears prohibited by law to be
possessed, transported or traded without the necessary permit;
d. fish, fishery species, aquatic resources, its products or by-
products, fishing gear, equipment or paraphernalia abandoned by
the offender during the conduct of law enforcement operations; and
e. other items prohibited by law.
SEC. 137. Community Service
 In case the offender is a:
a. municipal fisherfolk or
b. 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 which shall be computed based on the
fine and the prevailing minimum wage in the
community, among others.
 The Adjudication Committee may impose the alternative

penalty of community service only upon the application of
the offending municipal fisherfolk or upon the application
and proof by an offender who has no property.
 In imposing the alternative penalty of community service,

the adjudication committee shall prioritize those types of
community service that relate to fishery or fishery resource
management and conservation.
 Examples of Community Service

a) planting of mangroves in mangrove areas or river
embankments;
b) rendering services for a certain period to a community-
managed mangrove nursery, marine finfish hatchery or
community fish landing center;
c) capacitating the fisherfolks and their families, in the
community where the offense was committed, through
the conduct of alternative livelihood seminars, free health
programs/ medical missions, or provision of educational
materials/supplies;
d) developing an information, education campaign material
on fishery and fishery resource management and
conservation and disseminating the same;
e) participating in or undertaking a coastal clean-up
operation; or
f) organizing other activities that will redound to the benefit
of the community where the violation was committed.
Thank you!

RA 8550, As Amended by RA 10654

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RA 8550, As Amended by RA 10654

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Kenneth A.

RA 10654 Sec. 21 IRR

IRR signed Published on IRR

B. IUU fishing activities are defined as new offenses

G. Empowers BFAR to prosecute criminal offenses regardless of

I. Adopts broad measures on port state, flag state (vessel

1. Small scale commercial fishing – fishing with passive

 Community Service – any service or activity that is

Distant Water Fishing – fishing in the high seas or in

 Fisheries Observer – a person duly authorized by the

 Illegal Fishing – means fishing activities conducted by

 Port State Measures – requirements established or

 Prima Facie- Latin word which means at the first view or

 Prima facie presumption - a presumption based on what

 Transhipment – refers to the transfer of all or any fish or

 Vessel Monitoring System – refers to a satellite-based

The 3 officers must be on board the vessel.

(b) Unlawful for any person not listed in the registry of

Prima facie presumption of unauthorized fishing

 Discovery of any person in possession of a fishing gear or

Person Liable Administrative Penalty

 The discovery of any person engaging in any of the

 2 types of Unregulated Fishing:

1. Within waters of national jurisdiction

1.Unregulated Fishing within waters of national

The following are considered unregulated fishing in

- Unregulated fishing committed in waters beyond national

-If the unregulated fishing was committed in a coastal state,

Persons Liable Administrative Penalty

Liability Persons Penalty

Criminal 3 Highest • Imprisonment: 6 mos.

Unlawful to use electrofishing devices for fishing

b. Unlawful for any person to possess explosives, and

 The use of poisonous or noxious substances to eradicate

Discovery of dynamite, other explosives and chemical

Discovery in any fishing vessel of fish caught or killed with the

 Only fish examiners duly authorized by DA-BFAR shall

 Only testing laboratories accredited by the Philippine

Person Liable Criminal Penalty

Liability Person Liable Penalty

• Fine: 2x the administrative fine, without

The discovery of a fine mesh net in a fishing vessel shall

1. If the net is used to catch:

a) Padas (Siganidae), bangus fry (Chanos chanos), sugpo fry

Liability Person Liable Administrative

 The DA-NFRDI and DA-BFAR, in coordination with

3. Active gears such as purse seine or "pangulong", ring net or "taksay"

 “Sud-sud” or Push net

a. no commercial fishing in municipal waters with depth less than seven

- The boundaries of the allowable areas for commercial fishing must be

-In addition to passive gears, small and medium commercial fishing

c. prior consultation, through public hearing, with the M/CFARMC has

d. The applicant vessel as well as the shipowner, employer, captain and

e. Enact appropriate municipal fisheries ordinance.

In no case shall the authorization or permit mentioned above be

 The prohibition on conversion does not apply to any of the

Greatest threat to mangroves is conversion either to

1. aquatic species listed in Appendix I of the Convention on