Prohibitions and Penalties - Fisheries Code

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A summarized enumeration and guide to the prohibitions and penalties of the RA 10654, amending the Revised Fisheries Code of the Philippines

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The Fisheries Code of the Philippines (as amended by RA No. 10654)Prohibitions and Penalties

A. Serious Violations The Fisheries Code (Sec. 4)(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 concealvessel 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;(j) Committing multiple violations which taken together constitute a serious disregard of this Code.

B. Unauthorized Fishing (Sec. 86, RA 10654)1. 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 LGUNature of InvestigationPerson LiablePenalty

Summary finding- Boat captain- Three highest ranking officers - Owner and Operator- Confiscation of catch & gear- Administrative fine of five times the value of the catch or:a. Small Scale Commercial fishing: Php 50,000-100,000b. Medium Scale Commercial fishing: Php 150,000 500,000c. Large Scale Commercial fishing: Php 1,000,000 500,000,000

Court finding- Boat captain- Three highest ranking officers - 6 months imprisonment- Confiscation of catch and gear and twice the amt. of administrative fine

2. Fishing of commercial vessels in municipal waters; any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing in municipal waters

Nature of InvestigationPerson LiablePenalty

Summary finding- Any offender- Twice the value of the catch or Php 5,000, whichever is higher - Confiscation of catch & gear or rendering of community service

3. Prima Facie Presumption of Unauthorized Fishing possession of a fishing gear or operating a fishing vessel in a fishing area without license

C. Unauthorized Fisheries Activities (Sec. 87, RA 10654)1. Exploitation, occupation, production, breeding or culturing of fish, fry or fingerlings of any fishery species or fishery products or construction and operation of fish corrals, fish traps, fish pens and fish cages or fishponds without a license, lease or permit.Nature of InvestigationPerson LiablePenalty

Summary finding- Any offender- Dismantling or removal of structure- Rehabilitation of area affected- Administrative fine of Php 500,000 to 1,000,000

Court finding- Any offender - 6 months imprisonment- Dismantling or removal of structure- Rehabilitation of area affected- Fine twice the value of administrative fine

2. Prima Facie Presumption of Unauthorized Fishing Activities engaging in aforementioned without license or permit

D. Failure to Secure Fishing Permit Prior to Distant Water Fishing (Sec. 88, RA 10654)1. Fishing in the high seas, in the territorial seas, archipelagic waters, 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. 2. Commission of acts in contravention of the terms and conditions stated in the fishing permit or as may be promulgatedNature of InvestigationPerson LiablePenalty

Summary finding- Owner and operator- Three highest officers of a commercial fishing vessel- Confiscation of catch and gear- Administrative fine equivalent to five (5) times the value of the catch or:a. Small Scale Commercial fishing: Php 2M to 9Mb. Medium Scale Commercial fishing: Php 10M to 15Mc. Large Scale Commercial fishing less than 750 gross tons: Php 16M to 20Md. Large Scale Commercial fishing 750 gross tons or more: Php 25M to 45M

Court finding- Three highest officers of a commercial fishing vessel- 6 months imprisonment- Confiscation of catch and gear- Fine twice the amt. of administrative fine

3. Prima Facie Presumption - possession of a fishing gear or operating a fishing vessel in abovementioned areas without a fishing permit

E. Unreported Fishing (Sec. 89, RA 10654)1. Refers to fishing activities which have not been reported, or have been misreported, 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.2. Committed within national jurisdictionNature of InvestigationPerson LiablePenalty

Summary finding- Owner and operator- Three highest officers of a commercial fishing vessel- Confiscation of catch and gear- Administrative fine equivalent to value of the catch or the following, whichever is higher:a. Municipal fishing: Php 5,000 or community serviceb. Small Scale Commercial fishing: Php 100,000c. Medium Scale Commercial fishing: Php 200,000d. Large Scale Commercial fishing: Php 500,000

Court finding- Three highest officers of a commercial fishing vessel- 6 months imprisonment- Confiscation of catch and gear- Fine twice the amt. of administrative fine

3. Committed beyond national jurisdictionNature of InvestigationPerson LiablePenalty

Summary finding- Owner and operator- Three highest officers of a commercial fishing vessel- Confiscation of catch and gear- Administrative fine equivalent to value of the catch or the following, whichever is higher:a. Small Scale Commercial fishing: Php 2M to 9Mb. Medium Scale Commercial fishing: Php 10M to 15Mc. Large Scale Commercial fishing less than 750 gross tons: Php 16M to 20Md. Large Scale Commercial fishing 750 gross tons or more: Php 25M to 45M

Court finding- Three highest officers of a commercial fishing vessel- 6 months imprisonment- Confiscation of catch and gear- Fine twice the amt. of administrative fine

F. Unregulated Fishing (Sec. 90, RA 10654)1. Constitutes fishing of: (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.2. Committed within national jurisdictionNature of InvestigationPerson LiablePenalty

Summary finding- Owner and operator- Three highest officers of a commercial fishing vessel- Confiscation of catch and gear- Administrative fine equivalent to value of the catch or the following, whichever is higher:a. Municipal fishing: Php 5,000 or community serviceb. Small Scale Commercial fishing: Php 100,000c. Medium Scale Commercial fishing: Php 200,000d. Large Scale Commercial fishing: Php 500,000

Court finding- Three highest officers of a commercial fishing vessel- 6 months imprisonment- Confiscation of catch and gear- Fine twice the amt. of administrative fine

3. Committed beyond national jurisdictionNature of InvestigationPerson LiablePenalty

Summary finding- Owner and operator- Three highest officers of a commercial fishing vessel- Confiscation of catch and gear- Administrative fine equivalent to value of the catch or the following, whichever is higher:a. Small Scale Commercial fishing: Php 2M to 9Mb. Medium Scale Commercial fishing: Php 10M to 15Mc. Large Scale Commercial fishing less than 750 gross tons: Php 16M to 20Md. Large Scale Commercial fishing 750 gross tons or more: Php 25M to 45M

Court finding- Three highest officers of a commercial fishing vessel- 6 months imprisonment- Confiscation of catch and gear- Fine twice the amt. of administrative fine

G. Poaching in Philippine Waters (Sec. 91, RA 10654)1. Fishing or operating of any fishing vessel in Philippine waters by any foreign person, corporation or entityNature of InvestigationPerson LiablePenalty

Summary finding- Any foreign person, corporation or entity- Administrative fine:US$ 600,00 to US$ 1M or equivalent in Philippine currency

Court finding- Any foreign person, corporation or entity- Confiscation of catch, fishing equipment and vessel- Administrative Fine:US$ 1,200,000 or equivalent in Philippine currency- If caught w/in Philippine internal waters: Imprisonment of 6 mos. And 1 day to 2 years and 2 mos.- If caught for the second time w/in Philippine internal waters: imprisonment of 3 years + fine of US$ 2,400,00 or its equivalent in Philippine currency

2. Presumption of Poaching entry of any foreign fishing vessel in Philippine waters

H. Fishing through Explosives, Noxious or Poisonous Substance or Electricity (Sec. 92, RA 10654)1. Catching, taking or gathering or causing 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 species2. Exceptions:a. Use of poisonous or noxious substances to catch, take or gather fish or fisher species with proper permit and endorsement from the Department and LGUs, respectivelyb. Use of poisonous or noxious substances to eradicate predators or pests in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact in neighboring waters and grounds 3. Actual use of explosives, noxious or poisonous substancesNature of InvestigationPerson LiablePenalty

Summary finding- Any person actually using aforementioned- 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- Administrative fine equivalent to 5 times the value of the catch or the following, whichever is higher:a. Municipal fishing: Php 30,000b. Small Scale Commercial fishing: Php 300,000b. Medium Scale Commercial fishing: Php 1.5Mc. Large Scale Commercial fishing: Php 3M

Court finding- Any person actually using aforementioned- 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- Imprisonment: 5 to 10 years- Without prejudice to institute separate criminal case if action led to physical injury or loss of human life- Fine twice the amt. of administrative fine

4. Electrofishing devicesNature of InvestigationPerson LiablePenalty

Court finding- Any person actually using aforementioned- Imprisonment: 6 months- Fine: Php 5,000

5. Possession of Explosives and noxious or poisonous substances Nature of InvestigationPerson LiablePenalty

Summary finding- Any person actually using aforementioned- Confiscation of catch & gear- Administrative fine equivalent to 5 times the value of the catch or the following, whichever is higher:a. Municipal fishing: Php 10,000b. Small Scale Commercial fishing: Php 100,000b. Medium Scale Commercial fishing: Php 500,000c. Large Scale Commercial fishing: Php 1M

Court finding- Any person actually using aforementioned- Confiscation of catch and gear- Imprisonment: 6 mos. to 2 years- Fine twice the amt. of administrative fine

6. Prima facie Presumption:a. 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;b. discovery in any fishing vessel of fish caught or killed with the use of explosives, noxious or poisonous substances, or by electricity.

I. Use of Fine Mesh (Sec. 93, RA 10654)1. Fishing using nets with mesh smaller than that determined or provided by lawNature of InvestigationPerson LiablePenalty

Summary finding- Commercial Vessel: Owner, operator, captain, master fisherman

- Municipal fisherfolk- Confiscation of catch & gear- Administrative fine equivalent to 3 times the value of the catch or the following, whichever is higher:a. Municipal fishing: Php 20,000b. Small Scale Commercial fishing: Php 50,000b. Medium Scale Commercial fishing: Php 100,000c. Large Scale Commercial fishing: Php 200,000

Court finding- Commercial Vessel: Captain or Master fisherman

- Municipal fisherfolk- Confiscation of catch and gear- Imprisonment: 6 mos. to 2 years- Fine twice the amt. of administrative fine

2. Exception: use of fine mesh to gather fry, glass eels, elvers, tabios, and alamang and other species that by their nature are small but already mature3. Presumption of Use of Fine Mesh discovery of fine mesh in a fishing vessel

J. Fishing in Overexploited Fishery Management Areas (Sec. 94, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of catch & gear- Administrative fine:a. Municipal fishing: Three times the value or Php 20,000b. Small Scale Commercial fishing: Five times the value or Php 100,000b. Medium Scale Commercial fishing: Five times the value or Php 300,000c. Large Scale Commercial fishing: Five times the value or Php 500,000

Court finding- Any person- Confiscation of catch and gear- Imprisonment: 6 mos. and 1 day to 6 years- Fine: Php 500,000 to Php 5M- Cancellation of fishing permit or license

K. Use of Active Gear in Municipal Waters, Bays and Other Fishery Mgmt. Areas(Sec. 95, RA 10654)1. Active Fishing Gear - 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 netNature of InvestigationPerson LiablePenalty

Summary finding- Owner, operator, boat captain, master fisherman- Chief executive officer, managing partner- Confiscation of catch & gear- Administrative fine three times the value of the catch or the following, whichever is higher:a. Municipal fishing: Php 20,000 or community serviceb. Small Scale Commercial fishing: Php 50,000b. Medium Scale Commercial fishing: Php 100,000c. Large Scale Commercial fishing: Php 500,000

Court finding- Owner, operator, boat captain, master fisherman- Chief executive officer, managing partner- Confiscation and forfeiture of catch and gear- Imprisonment: 2 to 6 years- Fine equivalent to twice the administrative fine

L. Ban on Coral Exploitation and Exportation (Sec. 96, RA 10654)1. Gathering, possessing, commercially transporting, selling or exporting ordinary, semi-precious and precious corals, whether raw or in processed form, except for scientific or research purposes. 2. Damaging of coral reefs.Nature of InvestigationPerson LiablePenalty

Summary finding- Owner/operator of the fishing vessel/s- Boat captain- Master fisherman- Recruiter or organizer of fishworkers

- Forfeiture of corals- Administrative fine eight (8) times the value of corals gathered, possessed, commercially transported, sold or exported or Php 500,000 to Php 10M, whichever is higher- Compensation for the restoration of the damaged coral reefs

Court finding- Boat captain- Master fisherman- Recruiter or organizer of fishworkers- Forfeiture of corals- Imprisonment: 10 to 20 years- Fine equivalent to twice the administrative fine

M. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat (Sec. 97, RA 10654)1. Fishing with gear or method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department.2. 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.Nature of InvestigationPerson LiablePenalty

Summary finding- Owner, operator- Boat captain- Master fisherman- Recruiter or organizer of fishworkers- Confiscation of catch & gear- Administrative fine five (5) times the value of fish caught or Php 2M, whichever is higher- Compensation for the restoration of the damaged coral reefs

- Fisherfolk who served as pounders- Administrative fine of Php 20,000 or community service

Court finding- Boat captain- Master fisherman- Recruiter or organizer of fishworkers- Imprisonment: 2 to 10 years- Fine equivalent to twice the administrative fine

3. Gathering, possessing, commercially transporting, selling or exporting coral sand, coral fragments, coral rocks, silica, and any other substances which make up any marine habitat.Nature of InvestigationPerson LiablePenalty

Summary finding- Any person or corporation- Confiscation of substance- Administrative fine: Php 5M or five times the value of the coral sand, coral fragments, coral rocks, silica, etc.

Court finding- Boat captain- Master fisherman- Recruiter or organizer of fishworkers- Confiscation of substance- Imprisonment: 2 to 10 years- Fine equivalent to twice the administrative fine

4. 5. 6. 7. 8. 9.

N. Illegal Use of Superlights or Fishing Light Attractor (Sec. 98, RA 10654)1. Superlights refers to a type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water2. Use of superlights using candlelight power beyond the standards set by lawNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of catch, gears and superlight apparatus- Administrative fine: Php 20,000/superlight or community service IF municipal fisherfolk

Court finding- Any person- Confiscation of catch, gears and superlight apparatus- Imprisonment: 6 mos. to 2 years- Fine: Php 40,000/superlight or community service IF municipal fisherfolk

O. Conversion of Mangroves (Sec. 99, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Administrative fine equivalent to the ecological value of a hectare of mangrove or Php 10M/hectare, whichever is higher- Compensation for restoration or rehabilitation of damaged area

Court finding- Any person- Fine: Php 80,000 + fine equivalent to administrative penalty- Imprisonment: 6mos and 1 day to 12 years- Environmental damages: Php500,000/hectare/year until area is restored- Compensation for restoration or rehabilitation of damaged area

P. Fishing During Closed Season (Sec. 100, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of catch & gear- Administrative fine:a. Municipal fishing: 3 times the value of catch or Php 20,000 or community serviceb. Small Scale Commercial fishing: Five times the value of the catch or Php 100,000c. Medium Scale Commercial fishing: Five times the value of the catch or Php 300,000d. Large Scale Commercial fishing: Five times the value of the catch or Php 500,000

Court finding- Owner, operator, boat captain, master fisherman- Chief executive officer, managing partner- Confiscation and forfeiture of catch and gear- Imprisonment: 6 mos. and 1 day to 6 years- Fine equivalent to twice the administrative fine- Cancellation of license or permit

Q. Fishing in Marine Protected Areas, Fisher Reserves, Refuge and Sanctuaries(Sec. 101, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of catch & gear- Administrative fine of twice the value of the catch or the following, whichever is higher:a. Municipal fishing: Php 20,000 or community serviceb. Small Scale Commercial fishing: Php 200,000c. Medium Scale Commercial fishing: Php 600,000d. Large Scale Commercial fishing: Php 1M

Court finding- Any person- Confiscation and forfeiture of catch and gear- Imprisonment: 2 to 6 years- Fine equivalent to twice the administrative fine- Cancellation of license or permit

R. Fishing or Taking of Rare, Threatened or Endangered Species (Sec. 102, RA 10654)1. 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 threatenedNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture of the species- Administrative fine of five times the value of the species or Php 500,000 to Php 5M, whichever is higher

Court finding- Any person- Forfeiture of the species- Imprisonment: 12 years and 1 day to 20 years- Fine equivalent to twice the administrative fine- Cancellation of fishing permit

2. 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 tradeNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture of the species- Administrative fine of three times the value of the species or Php 300,000 to Php 3M, whichever is higher

Court finding- Any person- Forfeiture of the species- Imprisonment: 5 to 8 years- Fine equivalent to twice the administrative fine

3. Exception: Taking or fishing of species from the wild for scientific research, or conservation breeding simultaneous with commercial breeding4. Gather, take, possess, transport, or export, forward or ship out captive-bred species that have been transplanted to the wild.Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture of the species- Administrative fine of three times the value of the species or Php 300,000 to Php 3M, whichever is higher

Court finding- Any person- Forfeiture of the species- Imprisonment: 5 to 8 years- Fine equivalent to thrice the administrative fine or Php 3M

5. Presumption of commission of the act shall redound to captain, master fisherman, and two highest ranking officers of the vessel IF committed by a vessel manned by more than two (2) persons

S. Capture of Sabalo and Other Breeders/Spawners (Sec. 103, RA 10654)1. Catch, gather, capture or possess mature milkfish or sabalo and other breeders or spawners of other fishery speciesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture of catch and gear- Administrative fine of five times the value of the sabalo or Php 500,000

Court finding- Any person- Forfeiture of catch and gear- Imprisonment: 6 mos. and 1 day to 8 years- Fine equivalent to twice the administrative fine or Php 3M- Suspension or revocation of license

2. 3. Exception: Purposes or scientific or research purposes may be allowed subject to guidelines that shall be promulgated by the Department.

T. Exportation of Breeders, Spawners, Eggs or Fry (Sec. 104, RA 10654)1. Exception: Export of hatchery-bred or captive-bred breeder, spawner, egg or fry, may be allowed subject to the regulations to be promulgated by the Department2. Presumption of connivance or conspiracy 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 matterNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of breeders, spawners, eggs or fry- Administrative fine of three times the value of the breeders, spawners, eggs or fry or Php 100,000 to 500,000- Suspension or revocation of license for commercial fishing and/or registration as exporter

Court finding- Any person- Confiscation of breeders, spawners, eggs or fry- Imprisonment: 8 to 10 years- Fine equivalent to twice the administrative fine or Php 3M- Suspension or revocation of license

U. Importation or Exportation of Fish or Fishery Species (Sec. 105, RA 10654)1. Presumption of connivance or conspiracy 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 authoritiesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture or destruction of the species- Administrative fine of three times the value of the species or Php 300,000 to 500,000, whichever is higher

Court finding- Any person- Forfeiture or destruction of the species- Imprisonment: 8 years- Fine equivalent to twice the administrative fine- Offenders shall be banned from being members or stockholders of companies currently engaged in fisheries or companies to be created in the future

V. Violation of Harvest Control Rules (Sec. 106, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of catch & gear- Administrative fine:a. Municipal fishing: 3 times the value of catch or Php 20,000 or community serviceb. Small Scale Commercial fishing: Five times the value of the catch or Php 100,000c. Medium Scale Commercial fishing: Five times the value of the catch or Php 1Md. Large Scale Commercial fishing: Five times the value of the catch or Php 5M

Court finding- Owner, operator, boat captain, master fisherman- Chief executive officer, managing partner- Confiscation of catch and gear- Imprisonment: 6 mos. and 1 day to 6 years- Fine equivalent to twice the administrative fine- Revocation license or permit

W. Importation or Exportation of Fish or Fishery Species (Sec. 105, RA 10654)1. Presumption of connivance/consFailure 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 authoritiesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Forfeiture or destruction of the species- Administrative fine of five times the value of the species or Php 300,000 to 500,000, whichever is higher

Court finding- Any person- Forfeiture or destruction of the species- Imprisonment: 8 years- Fine equivalent to twice the administrative fine- Offenders shall be banned from being members or stockholders of companies currently engaged in fisheries or companies to be created in the future

X. Gathering and Marketing of Shell Fishes or Other Aquatic Species (Sec. 110, RA 10654)1. 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 speciesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Confiscation of species- Administrative fine equivalent to the value of the species or Php 50,000, whichever is higher- Cancellation of permit or license

Court finding- Any person- Forfeiture or destruction of the species- Imprisonment: 1 mo. & 1 day to 6 mos.- Fine equivalent to twice the administrative fine- Cancellation of permit or license

Y. Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay (Sec. 111, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Administrative fine of Php 200,000, whichever is higher- Dismantling of the obstruction, fish corrals/traps, fish pens or fish cages at the expense of the offender

Court finding- Any person- Imprisonment: 1 mo. & 1 day to 6 mos.- Fine equivalent to twice 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

Z. Obstruction of Defined Migration Paths (Sec. 114, RA 10654)1. Obstruction of any defined migration path of anadromous, catadromous and other migratory speciesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Administrative fine of Php 150,000 to 500,000 whichever is higher- Dismantling of the obstruction at the expense of the offender- Suspension or revocation of the permit or license

Court finding- Any person- Imprisonment: 7 to 12 years- Fine equivalent to twice the administrative fine- Dismantling of the obstruction at the expense of the offender- Suspension or revocation of the permit or license

AA. Constructing, Importing or Converting Fishing Vessels or Gears without Permit from the Department (Sec. 120, RA 10654)1. Obstruction of any defined migration path of anadromous, catadromous and other migratory speciesNature of InvestigationPerson LiablePenalty

Summary finding- Any person- Administrative fine:a. Small Scale Commercial fishing: Php 50,000b. Medium Scale Commercial fishing: Php 500,000c. Large Scale Commercial fishing: Php 2.5M

Court finding- Owner, operator, boat captain, master fisherman- Chief executive officer, managing partner- Confiscation of catch and gear- Imprisonment: 1 mo. and 1 day to 6 mos.- Fine equivalent to twice the administrative fine

BB. Use of Unlicensed Gear (Sec. 120, RA 10654)Nature of InvestigationPerson LiablePenalty

Summary finding- Any person- Administrative fine of Php 200,000 to 500,000 per gear

Court finding- Any person- Fine from Php 400,000 to 1M