Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Illegal fishing, dealing in illegally caught fish or fishery /aquatic products.
SEC. 33. Illegal fishing, dealing in illegally caught fish or fishery /aquatic products.—It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substance, or by the use of electricity as defined in paragraphs (l), (m) and (d), respectively, of
Fishing with fine-mesh nets.
SEC. 34. Fishing with fine-mesh nets.—It shall be unlawful for any person to fish with nets with mesh smaller than that which may be fixed by rules and regulations promulgated conformably with the provisions of section 7 hereof: Provided, That this prohibition in the use of fine-mesh nets shall not apply to the gathering of fry, glass eels and elvers and such species which by their very nature are small but already mature.
Trawl fishing in waters seven fathoms deep or less.
SEC. 35. Trawl fishing in waters seven fathoms deep or less.—Subject to the provisions of Section 17 hereof, no person shall operate trawls in waters seven fathoms deep or less.
Ban on exportation of Bangus Fry.
SEC. 36. Ban on exportation of Bangus Fry.—It shall be unlawful for any person to export "bangus" fry.
Pollution of waters.
SEC. 37. Pollution of waters.—It shall be unlawful to place, cause to be placed, discharge or deposit, or cause to be discharged or deposited, or to pass or place where it can pass into Philippine waters, petroleum, acid, coal, or oil tar, lampback, aniline, asphalt, bitumen, or residuary products of petroleum or carbonaceous material or substance, molasses, mining and mill tailings, or any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, sugar central, mill or factory of any kind, or any sawdust, shavings, slabs, edgings, or any factory refuse or any substance or material deleterious to fish or fishery/aquatic life.
Penalties.
SEC. 38. Penalties.—(a) For illegal fishing and dealing in illegally caught fish or fishery/aquatic products.—Violation of Section 33 hereof shall be punished as follows: By imprisonment from ten (10) to twelve (12) years, if explosives are use: Provided, That if the explosion results 1) in physical injury to any person, the penalty shall be imprisonment from twelve (12) to twenty (20) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life, or death; By imprisonment from eight (8) to ten (10) years, if obnoxious or poisonous substances are used: Provided, That if the use of such substances results 1) in physical injury to any person, the penalty shall be imprisonment from ten (10) to twelve (12) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life or death; By imprisonment from two (2) to four (4) years, if electricity is used; and By imprisonment from two (2) to six (6) years for dealing in illegally caught fish or fishery/aquatic pro ducts. Trawl fishing.—Violation of section 35 hereof shall be punished by a fine not exceeding one thousand pesos (P1,000.00) or imprisonment for a period not exceeding one (1) year, or both fine and imprisonment, in the discretion of the Court. Exportation of "bangus" fry.—Violation of section 36 shall be punished by a fine of not less than one thou sand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) or by imprisonment for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment, in the discretion of the Court. Other violations.—Violation of any other provision of this Decree, or of any rule or regulation already existing, or which may be promulgated pursuant to this Decree, shall subject the offender to fine of from five hundred pesos (P500.00) to five thousand pesos (P5,000.00) or imprisonment from six (6) months to four (4) years, or both such fine and imprisonment, in the discretion of the Court: Provided, That the Director of Fisheries and Aquatic Resources is hereby empowered to impose upon the offender an administrative fine of not more than five thou sand (P5,000.00) or to cancel his permit or license, or to impose such fine and to cancel his permit or license, in the discretion of the Director: Provided, Further, That the Director, or his duly authorized representative, and law enforcement agents are hereby empowered to impound with the assistance of the Philippine Coast Guard, if necessary, the fishing boat including the dynamite, blasting caps and other explosives, obnoxious or poisonous substances, and apparatus used in electric fishing, and other apparatus used in illegal fishing pending the termination of the criminal case by competent courts: Provided, Finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such inspection and/or movement is authorized under this Decree, shall be subject to a fine of not more than two thousand pesos (P2,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, in the discretion of the Court. Any public official, who enforces an ordinance, resolution, rule and/or regulation concerning fishing and fisheries not previously approved by the Secretary, shall be criminally prosecuted and, upon conviction, shall suffer the penalty of not more than five (5) years imprisonment or a fine of not more than ten thousand pesos (P10,000.00) or both such fine and imprisonment, in the discretion of the Court. Action on any violation mentioned in this Chapter shall be taken if the Secretary so decides.
Seizure Proceedings.
SEC. 39. Seizure Proceedings.—Any foreign fishing boat illegally engaged in fishing within Philippine waters shall be summarily confiscated administratively, including its catch and fishing equipment, without prejudice to any civil or criminal action that may be taken against its owners and/or operators.
Persons authorized to enforce this Decree and fisheries rules and regulations.
SEC. 40. Persons authorized to enforce this Decree and fisheries rules and regulations.—Members of the Philippine Coast Guard, Philippine Constabulary, local police force, government law enforcement agencies and other competent government employees duly designated in writing by the Secretary, are hereby made deputies of said Secretary in the enforcement of this Decree and fisheries rules and regulations.
Compromise.
SEC. 41. Compromise.—With the approval of the Secretary, the Director may, at any stage of the proceeding, compromise any case arising under any provision of the Decree, subject to the following schedule of administrative funds: Vessel entering fishery reserve or closed areas.— Any vessel, licensed or unlicensed, entering a fishery reserve or a declared closed area for the purpose of fishing shall be fined in a sum not exceeding five thousand pesos (P5,000.00). Vessel fishing or continuing to fish after the expiration of the license.—A vessel continuing to fish within sixty (60) days from the date of expiration of the license shall pay the ordinary annual license fee in full. A vessel fishing or continuing to fish without having procured the renewal of the license therefor shall be fined in a sum not exceeding fifty pesos (P50.00) for every month the license remains unrenewed. Vessel employing unlicensed fishermen.—A vessel found employing unlicensed fishermen shall be fined in a sum of not less than fifty pesos (P50.00) nor more than one hundred pesos (P100.00) for each fisherman and for each month such fisherman is employed. Obstruction of fishery officers.—The owner master or operator of any fishing boat, whether licensed or not, who obstructs or hinders, or causes to be obstructed or hindered, any fishery officer from boarding such boat to enable said officer to perform his duty shall be fined in an amount not exceeding five hundred pesos (P500.00) In addition, the license of the fishing boat may be cancelled. Failure to submit required reports.—The owner master or operator of a fishing boat who fails to submit a required report within thirty (30) days after due date shall be fined in an amount not exceeding five pesos (P5.00). Transfer of ownership or lease of fishing boat to be reported—Any owner of a fishing boat who fails to notify the Director of the sale or lease of the boat to another person within ten (10) days after the sale or lease, shall be fined in an amount not exceeding two hundred pesos (P200.00). Vessel engaging in fishing without license.—The owner, master or operator of a fishing boat engaging in fishing operations without a license shall be fined in an amount not exceeding one thousand pesos (P1,000.00) for each month or fraction thereof of operation. Other violations.—Other violations may be compromised: Provided, That the fine shall not be less than fifty per cent (50%) of the fine originally imposed for the violation.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).