Prohibitions and Penalties

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 conceal
vessel identity or lack of registration;
(g) Concealing, tampering or disposing of evidence relating to an investigation of a violation;
(h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing
or delaying a fisheries law enforcer, authorized inspector or observer or other duly authorized
government officer;
(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
LGU
Nature of Investigation
Person Liable
Summary finding
- Boat captain
- Three highest ranking
officers
- Owner and Operator
Court finding
- Boat captain
- Three highest ranking
officers
Penalty
- Confiscation of catch & gear

- Administrative fine of five times the
value of the catch or:
a. Small Scale Commercial fishing:
Php 50,000-100,000
b. Medium Scale Commercial fishing:
Php 150,000 500,000
c. Large Scale Commercial fishing:
Php 1,000,000 500,000,000
- 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
Summary finding
Person Liable
- Any offender
Penalty
- 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.
Person Liable
Summary finding
- Any offender
Court finding
- Any offender
Penalty
- Dismantling or removal of structure

- Rehabilitation of area affected
- Administrative fine of Php 500,000 to
1,000,000
- 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 promulgated
Person Liable
Penalty
Summary finding
- Owner and operator

- Three highest officers
of a commercial fishing
vessel
Court finding

vessel
- Confiscation of catch and gear

- Administrative fine equivalent to five
(5) times the value of the catch or:
Php 2M to 9M
Php 10M to 15M
c. Large Scale Commercial fishing less
than 750 gross tons:
Php 16M to 20M
d. Large Scale Commercial fishing 750
gross tons or more:
Php 25M to 45M
- 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 jurisdiction
Person Liable
Summary finding

vessel
Court finding

vessel
Penalty

- Administrative fine equivalent to
value of the catch or the following,
whichever is higher:
a. Municipal fishing:
Php 5,000 or community service
b. Small Scale Commercial fishing:
Php 100,000
c. Medium Scale Commercial fishing:
Php 200,000
d. Large Scale Commercial fishing:
Php 500,000
fine
3. Committed beyond national jurisdiction

Person Liable
Penalty
Summary finding

vessel
Court finding

vessel

Php 2M to 9M
Php 10M to 15M
Php 16M to 20M
gross tons or more:
Php 25M to 45M
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 jurisdiction
Person Liable
Summary finding

vessel
Court finding

vessel
Penalty

Php 100,000
Php 200,000
Php 500,000
fine
3. Committed beyond national jurisdiction
Person Liable
Penalty
Summary finding

vessel
Court finding

vessel

Php 2M to 9M
Php 10M to 15M
Php 16M to 20M
gross tons or more:
Php 25M to 45M
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 entity
Person Liable
Summary finding
- Any foreign person,

Court finding
- Any foreign person,

Penalty
- Administrative fine:
US$ 600,00 to US$ 1M or equivalent
in Philippine currency
- 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 species
2. 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,
respectively
b. 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 substances
Person Liable
Summary finding
- Any person actually

using aforementioned
Court finding

Penalty
- 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:
Php 30,000
Php 300,000
Php 1.5M
Php 3M
- 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
4. Electrofishing devices
Court finding
Person Liable

Penalty
- Imprisonment: 6 months
- Fine: Php 5,000
5. Possession of Explosives and noxious or poisonous substances

Person Liable
Summary finding

Court finding

Penalty

Php 10,000
Php 100,000
Php 500,000
Php 1M
- Imprisonment: 6 mos. to 2 years
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 law
Summary finding
Person Liable
- Commercial Vessel:
Owner, operator,
captain, master
fisherman
- Municipal fisherfolk
Court finding
- Commercial Vessel:
Captain or Master
fisherman
Penalty

Php 20,000
Php 50,000
Php 100,000
Php 200,000
fine
- Municipal fisherfolk
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 mature
3. 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)
Summary finding
Person Liable
Penalty

Three times the value or Php 20,000
Five times the value or Php 100,000
K.
Court finding
- Any person
- Imprisonment: 6 mos. and 1 day to 6
years
- Fine: Php 500,000 to Php 5M
- Cancellation of fishing permit or
license
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 net
- Any person
Person Liable
Summary finding
- Owner, operator, boat

captain, master
fisherman
- Chief executive
officer, managing
partner
Court finding

captain, master
fisherman
- Chief executive
officer, managing
partner
Penalty

- Administrative fine three times the
Php 50,000
Php 100,000
Php 500,000
- Confiscation and forfeiture of catch
and gear
- 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, semiprecious and precious corals, whether raw or in processed form, except for scientific
or research purposes.
2. Damaging of coral reefs.
Summary finding
Person Liable
Penalty
- 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
- Forfeiture of corals
- Master fisherman
- Recruiter or organizer - Fine equivalent to twice the
of fishworkers
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.
Summary finding
Court finding
- Owner/operator of the
fishing vessel/s
- Boat captain
- Master fisherman
- Recruiter or organizer
of fishworkers
Person Liable
- Owner, operator
- Boat captain
- Master fisherman
of fishworkers
- Fisherfolk who served
as pounders
- Boat captain
- Master fisherman
of fishworkers
Penalty

- 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
- Administrative fine of Php 20,000 or
community service
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.
Person Liable
Summary finding
- Any person or
corporation
Court finding
- Boat captain
- Master fisherman
of fishworkers
Penalty
- Confiscation of substance
- Administrative fine: Php 5M or five
times the value of the coral sand, coral
fragments, coral rocks, silica, etc.
- Confiscation of substance
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 water
2. Use of superlights using candlelight power beyond the standards set by law
Person Liable
Summary finding
- Any person
Court finding
- Any person
O.
Conversion of Mangroves (Sec. 99, RA 10654)
Penalty
- Confiscation of catch, gears and

superlight apparatus
- Administrative fine: Php
20,000/superlight or community
service IF municipal fisherfolk
- Confiscation of catch, gears and
superlight apparatus
- Fine: Php 40,000/superlight or
community service IF municipal
fisherfolk
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty
- 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
- 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)

Summary finding
Person Liable
- Any person
Penalty

3 times the value of catch or Php
20,000 or community service
Five times the value of the catch or
Q.
Php 100,000
Php 300,000
Php 500,000
Court finding
captain, master
and gear
fisherman
- Chief executive
years
officer, managing
partner
administrative fine
- Cancellation of license or permit
Fishing in Marine Protected Areas, Fisher Reserves, Refuge and Sanctuaries
(Sec. 101, RA 10654)
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty

- Administrative fine of twice the value
of the catch or the following,
Php 200,000
Php 600,000
Php 1M
and gear
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
threatened
Summary finding
Person Liable
Penalty
- Forfeiture of the species

value of the species or Php 500,000 to
Php 5M, whichever is higher
Court finding
- Any person
- Imprisonment: 12 years and 1 day to
20 years
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 trade
- Any person
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty

- Administrative fine of three times the
administrative fine
3. Exception: Taking or fishing of species from the wild for scientific research, or
conservation breeding simultaneous with commercial breeding
4. Gather, take, possess, transport, or export, forward or ship out captive-bred species
that have been transplanted to the wild.
Person Liable
Summary finding
- Any person
Court finding
- Any person
5.
Penalty

- Fine equivalent to thrice the
administrative fine or Php 3M
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 species
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty
- Forfeiture of catch and gear

value of the sabalo or Php 500,000
- Forfeiture of catch and gear
years
- 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 Department
2. 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 matter
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty
- Confiscation of breeders, spawners,

eggs or fry
value of the breeders, spawners, eggs
or fry or Php 100,000 to 500,000
for commercial fishing and/or
registration as exporter
- Confiscation of breeders, spawners,
eggs or fry
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 authorities
Summary finding
Person Liable
- Any person
Penalty
- Forfeiture or destruction of the

species
V.
Court finding
- Any person
species
- Imprisonment: 8 years
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
Violation of Harvest Control Rules (Sec. 106, RA 10654)
Person Liable
Summary finding
- Any person
Court finding

captain, master
fisherman
- Chief executive
officer, managing
partner
Penalty

3 times the value of catch or Php
20,000 or community service
Php 100,000
Php 1M
Php 5M
years
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 authorities
Summary finding
Person Liable
- Any person
Penalty

species
X.
Court finding
- Any person
species
- Imprisonment: 8 years
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
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 species
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty
- Confiscation of species
- Administrative fine equivalent to the
value of the species or Php 50,000,
whichever is higher
- Cancellation of permit or license
species
- Imprisonment: 1 mo. & 1 day to 6
mos.
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)
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty
- 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
- Imprisonment: 1 mo. & 1 day to 6
mos.
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 species
Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty

500,000 whichever is higher
- Dismantling of the obstruction at the
expense of the offender
- Suspension or revocation of the
permit or license
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 species
Person Liable
Summary finding
- Any person
Court finding

captain, master
fisherman
- Chief executive
officer, managing
partner
Penalty
Php 50,000
Php 500,000
Php 2.5M
- Imprisonment: 1 mo. and 1 day to 6
mos.
administrative fine
BB. Use of Unlicensed Gear (Sec. 120, RA 10654)

Person Liable
Summary finding
- Any person
Court finding
- Any person
Penalty

500,000 per gear
- Fine from Php 400,000 to 1M

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The Fisheries Code of the Philippines (as amended by RA No.

B. Unauthorized Fishing (Sec. 86, RA 10654)

- Confiscation of catch & gear

- Twice the value of the catch or Php

3. Prima Facie Presumption of Unauthorized Fishing possession of a fishing gear or

- Dismantling or removal of structure

2. Prima Facie Presumption of Unauthorized Fishing Activities engaging in

- Owner and operator

- Three highest officers

- Confiscation of catch and gear

3. Prima Facie Presumption - possession of a fishing gear or operating a fishing vessel in

- Owner and operator

- Three highest officers

- Confiscation of catch and gear

3. Committed beyond national jurisdiction

- Owner and operator

- Three highest officers

- Confiscation of catch and gear

F. Unregulated Fishing (Sec. 90, RA 10654)

- Owner and operator

- Three highest officers

- Confiscation of catch and gear

3. Committed beyond national jurisdiction

- Owner and operator

- Three highest officers

- Confiscation of catch and gear

G. Poaching in Philippine Waters (Sec. 91, RA 10654)

- Any foreign person,

- Any foreign person,

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

1. Catching, taking or gathering or causing to be caught, taken or gathered fish or any

- Any person actually

- Any person actually

- Confiscation of catch including those

- Any person actually

5. Possession of Explosives and noxious or poisonous substances

- Any person actually

- Any person actually

- Confiscation of catch & gear

6. Prima facie Presumption:

- Confiscation of catch & gear

- Confiscation of catch & gear

- Owner, operator, boat

- Owner, operator, boat

- Confiscation of catch & gear

L. Ban on Coral Exploitation and Exportation (Sec. 96, RA 10654)

- Confiscation of catch & gear

3. Gathering, possessing, commercially transporting, selling or exporting coral sand,

N. Illegal Use of Superlights or Fishing Light Attractor (Sec. 98, RA 10654)

- Confiscation of catch, gears and

- Administrative fine equivalent to the

P. Fishing During Closed Season (Sec. 100, RA 10654)

- Confiscation of catch & gear

- Confiscation of catch & gear

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

- Forfeiture of the species

- Forfeiture of the species

- Forfeiture of the species