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Illegal Fishing

RA 8550, as amended by RA 10654

Section Acts Punished


Sec. 86 – Unauthorized (a) Capturing or gathering or causing the capture or gathering of fish, fry or
Fishing fingerlings of any fishery species or fishery products without license or
permit from the Department or LGU
(b) Engaging in any commercial fishing activity in municipal waters by any
person not listed in the registry of municipal fisherfolk

Sec. 87 – Engaging in Exploiting, occupying, producing, breeding or culturing fish, fry or


Unauthorized Fisheries fingerlings of any fishery species or fishery products or constructing and
Activities operating fish corrals, fish traps, fish pens and fish cages or fishponds
without a license, lease or permit.

Sec. 88 – Failure to (a) Fishing in the high seas, in the territorial seas, archipelagic waters, and
Secure Fishing Permit Exclusive Economic Zones of other states using a Philippine flagged
Prior to Engaging in fishing vessel without first securing a fishing permit from the
Distant Water Fishing Department and authorization from the coastal state
(b) Committing acts that are in contravention of the terms and conditions
stated in the fishing permit or as may be promulgated by the
Department by an owner or operator, and the three (3) highest officers
of a commercial fishing vessel

Sec. 89 – Unreported Engaging in unreported fishing or failing to comply with the reportorial
Fishing requirements:
 shall keep a daily record of fish catch and spoilage, landing points,
and quantity and value of fish caught, and off-loaded for
transshipment, sale and/or other disposal
 detailed information shall be duly certified by the vessel’s captain
and transmitted monthly to the officer or representative of the
Department, at the nearest designated landing point

Sec. 90 – Unregulated Engaging in unregulated fishing in waters within and beyond national
Fishing jurisdiction
 Conducting fishing activities by:
o Vessels without nationality but operated by Filipino and/or
Filipino corporation;
o Philippine flagged fishing vessels operating in areas
managed by RFMOs to which the Philippines is not a party
to; or
o Philippine flagged fishing vessels operating in areas or fish
stocks where there are no applicable conservation and
management measures.
Sec. 91 – Poaching in Fishing or operating any fishing vessel in Philippine waters by any foreign
Philippine Waters person, corporation or entity

Sec. 92 – Fishing (a) Catching, taking or gathering or causing to be caught, taken or gathered
Through Explosives, fish or any fishery species in Philippine waters with the use of
Noxious or Poisonous explosives, noxious or poisonous substance such as sodium cyanide,
Substance, or which will kill, stupefy, disable or render unconscious fish or fishery
Electricity species
(b) Possessing explosives, and noxious or poisonous substances for illegal
fishing

Sec. 93 – Use of Fine Engaging in fishing using nets with mesh smaller than that which may be
Mesh Net determined by the Department

Sec. 94 – Fishing in Fishing in fishery management areas declared as overexploited


Overexploited Fishery
Management Areas

Sec. 95 – Use of Active Engaging in fishing in municipal waters and in all bays as well as other
Gear in Municipal fishery management areas using active fishing gears
Waters, Bays and
Other Fishery
Management Areas

Sec. 96 – Ban on Coral (a) Gathering, possessing, commercially transporting, selling or exporting
Exploitation and ordinary, semi-precious and precious corals, whether raw or in
Exportation processed form by any person or corporation, except for scientific or
research purposes
(b) Committing any activity that damage coral reefs by any person,
corporation or entity

Sec. 97 – Ban on Muro- (a) Fishing with gear or method that destroys coral reefs, seagrass beds,
ami, Other Methods and other fishery marine life habitat
and Gear Destructive (b) Entrapping, gathering or catching fish and other fishery species by
to Coral Reefs and means of ‘Muro-ami’ and any of its variation, and such similar gears and
Other Marine Habitat methods that require diving, other physical or mechanical acts to
pound the coral reefs and other habitat
(c) Gather, possessing, commercially transporting, selling or exporting
coral sand, coral fragments, coral rocks, silica, and any other substances
which make up any marine habitat, except in cases allowed by law

Sec. 98 – Illegal Use of (a) Engaging in fishing with the use of superlight in municipal waters, or
Superlights or Fishing fishing with fishing light attractor using candlelight power or intensity
Lights Attractor beyond the standards set by the Department
(b) Fishing with the use of superlight or fishing light attractor outside
municipal waters in violation of the rules promulgated by the
Department
Sec. 99 – Conversion of Converting mangroves into fishponds or for any other purpose
Mangroves

Sec. 100 – Fishing Fishing during closed season


During Closed Season

Sec. 101 – Fishing in Fishing in marine protected areas, fishery reserves, refuge, or fish
Marine Protected sanctuaries as declared by the Department or the LGUs
Areas, Fishery
Reserves, Refuge and
Sanctuaries

Sec. 102 – Fishing or (a) Fishing or taking, catching, gathering, selling, purchasing, possessing,
Taking of Rare, transporting, exporting, forwarding or shipping out aquatic species
Threatened or listed in:
Endangered Species 1) Appendix I of the Convention on the International Trade in
Endangered Species of Wild Flora and Fauna (CITES), and
2) 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
(b) Gathering, taking, possessing, transporting, or exporting, forwarding or
shipping out captive-bred species that have been transplanted to the
wild

Sec. 103 – Capture of Catching, gathering, capturing or possessing mature milkfish or sabalo and
Sabalo and Other other breeders or spawners of other fishery species as may be determined
Breeders/Spawners by the Department

Sec. 104 – Exportation Exporting breeders, spawners, eggs or fry


of Breeders, Spawners,
Eggs or Fry

Sec. 105 – Importation Importing or exporting of fish or fishery species in violation of the Code
or Exportation of Fish
or Fishery Species

Sec. 106 – Violation of Fishing in violation of harvest control rules as determined by the
Harvest Control Rules Department

Sec. 107 – Aquatic Causing aquatic pollution


Pollution

Sec. 108 – Failure to Failure to exhibit or show proof of compliance with the safety standards
Comply with Minimum upon demand by proper authorities
Safety Standards
Sec. 109 – Failure to Failure to submit an annual report to the Department of the type of species
Submit a Yearly Report and volume of production by owners and operators of fishponds, fish pens
on all Fishponds, Fish and fish cages
Pens and Fish Cages

Sec. 110 – Gathering Gathering, taking, selling, transferring, possessing, commercially


and Marketing of Shell transporting, exporting, forwarding or shipping out any sexually mature
Fishes or Other Aquatic shell fish or other aquatic species identified by the Department, or below
Species the minimum size, or above the maximum quantities prescribed for the
species
Sec. 111 – Obstruction Causing obstruction to navigation or flow or ebb of tide
to Navigation or Flow
or Ebb of Tide in any
Stream, River, Lake or
Bay

Sec. 112 – Failure to comply with good aquaculture practices and the guidelines for
Noncompliance with environmentally-sound design and operation for the sustainable
Good Aquaculture development of the aquaculture industry which shall be promulgated by
Practices the Department

Sec. 113 – Commercial (a) Employing unlicensed fisherfolk or fishworker or crew by the owner or
Fishing Vessel operator of a commercial fishing vessel
Operators Employing (b) Employing unlicensed fisherfolk or fishworker or crew by Philippine
Unlicensed Fisherfolk, flagged fishing vessels engaged in distant water fishing
Fishworker or Crew

Sec. 114 – Obstruction Obstructing any defined migration path of anadromous, catadromous and
of Defined Migration other migratory species
Paths

Sec. 115 – Obstruction Assaulting, resisting, intimidating, harassing, seriously interfering with, or
to Fishery Law unduly obstructing or delaying a fishery law enforcement officer,
Enforcement Officer authorized inspector or observer, the deputized fishwarden of the LGU, or
any lawfully-boarding government officers in exercising their duties by the
fishing vessel owner, master or operator or any other person acting on
behalf of any fishing vessel

Sec. 116 – (a) Sailing of Philippine distant water fishing vessel without a fisheries
Noncompliance with observer on board
Fisheries Observer (b) Sailing of commercial fishing vessels without a fisheries observer
Coverage

Sec. 117 – (a) Failure to provide a catch report by a foreign fishing vessel when
Noncompliance with granted entry
Port State Measures (b) Failure to comply with other rules on port state measures promulgated
by the Department in coordination with port state authorities
Sec. 118 – Failure to Failure to comply with conservation and management measures adopted in
Comply with Rules and rules and regulations to be promulgated by the Department
Regulations on
Conservation and
Management
Measures

Sec. 119 - (a) Engaging in fishing activities by municipal, commercial or distant water
Noncompliance with fishing vessel without complying with the vessel monitoring measures
Vessel Monitoring (b) Intentionally tampering with, switching off or disabling the vessel
Measures monitoring system

Sec. 120 - Constructing, Construct or importing fishing vessels or gears or converting other vessels
Importing or into fishing vessels without permit from the Department
Converting Fishing
Vessels or Gears
Without Permit from
the Department

Sec. 121 - Use of Using a fishing gear or method for commercial fishing without license
Unlicensed Gear

Sec. 122 - Falsifying, concealing vessel identity or lack of registration or tampering


Falsifying, Concealing or with the vessel markings, identity or registration
Tampering with Vessel
Markings, Identity or
Registration

Sec. 123 - Concealing, Concealing, tampering or disposing evidence relating to an investigation of


Tampering or Disposing a violation
of Evidence Relating to
an Investigation of a
Violation

Sec. 124 - Importing, introducing, or breeding foreign or exotic aquatic species


Noncompliance with without the conduct of risk analysis and prior approval of the Department
the Requirements for
the Introduction of
Foreign or Exotic
Aquatic Species

Sec. 125 - Failure to Failure to comply with standards for weights, volume, quality and other
Comply with Standards requirements for all fishery transactions and trade and trade-related
and Trade-Related measures prescribed by the Department
Measures
Sec. 126 - Possessing, Shipping, commercially transporting, offering for sale, selling, importing,
Dealing in or Disposing exporting, or having custody, control, or possession of, or dealing in or in
Illegally Caught or any manner disposing of any fish or species caught, taken or retained in
Taken Fish violation of this Code

Sec. 127 - Disclosing without authorization of data from the vessel monitoring system
Unauthorized or vessel monitoring measure and other related data arising therefrom
Disclosure of Sensitive
Technical Information

Sec. 128 – Other Violating fishery administrative orders or regulations promulgated by the
Violations Department

Note: Department = Department of Agriculture

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