Penalties for Fisheries Violations

Fishing during a closed season is illegal. Administrative penalties include confiscation of catch and gear, plus fines ranging from P20,000 for municipal fishing to P500,000 for large-scale commercial fishing, or three to five times the value of the catch, whichever is higher. Community service is an alternative for municipal fishers unable to pay. Judicial penalties involve imprisonment (6 months and 1 day to 6 years), twice the administrative fine, confiscation of catch and gear, and license cancellation.

Fishing in marine protected areas, fishery reserves, refuge, or sanctuaries is prohibited. Administrative fines range from P20,000 for municipal fishing to P1,000,000 for large-scale commercial fishing, or twice the value of the catch, whichever is higher, along with confiscation of catch and gear. Judicial penalties include imprisonment (2 to 6 years), twice the administrative fine, confiscation, and license cancellation.

It is unlawful to fish, take, sell, or transport aquatic species listed in CITES Appendix I or categorized as threatened by IUCN. Administrative penalties involve fines from P500,000 to P5,000,000 or five times the species' value, plus forfeiture. Judicial penalties are severe, with imprisonment (12 years and 1 day to 20 years), twice the administrative fine, forfeiture, and license cancellation. Similar but lesser penalties apply for CITES Appendices II and III species if populations are not viable, and for captive-bred species transplanted to the wild. Captains and highest-ranking officers are presumed responsible in vessel-related violations.

Catching, gathering, or possessing mature milkfish (sabalo) and other breeders/spawners is illegal, unless for local breeding, scientific, or research purposes per Department guidelines. Administrative fines are P500,000 or five times the value of the catch, plus forfeiture of catch and gear. Judicial penalties include imprisonment (6 months and 1 day to 8 years), twice the administrative fine, forfeiture of catch and equipment, and license suspension/revocation.

Exportation of prohibited breeders, spawners, eggs, or fry is penalized, though hatchery-bred exports might be allowed with regulations. Shipping companies failing to cooperate in investigations face presumption of connivance. Administrative fines are P100,000 to P500,000 or three times the value, confiscation, and suspension/revocation of licenses. Judicial penalties include imprisonment (8 to 10 years), twice the administrative fine, confiscation, and license revocation.

Illegal importation or exportation of fish or fishery species results in administrative fines of P300,000 to P500,000 or five times the value, plus forfeiture and/or destruction. Shipping companies not cooperating are presumed complicit. Judicial penalties are 8 years imprisonment, twice the administrative fine, forfeiture/destruction, and a ban from fisheries-related companies.

Fishing in violation of harvest control rules is prohibited. Administrative penalties include confiscation of catch and gear, license revocation, and fines ranging from P20,000 for municipal fishing to P5,000,000 for large-scale commercial fishing, or three to five times the value of the catch. Judicial penalties involve imprisonment (6 months and 1 day to 6 years), twice the administrative fine, confiscation, and license revocation.

Aquatic pollution is unlawful. Administrative fines are P300,000 to P500,000, plus P15,000 daily until the violation ceases, alongside cease and desist orders, closure, or disconnection of water supply. Judicial penalties escalate to imprisonment (6 years and 1 day to 12 years), twice the administrative fine, and the same daily fines and orders.

Commercial fishing vessel owners/captains failing to show proof of safety compliance face administrative fines of P100,000, suspension/cancellation of permits, and vessel impoundment until compliance. Judicial penalties are imprisonment (1 month and 1 day to 6 months), twice the administrative fine, and similar permit/license actions and impoundment.

Owners and operators of fishponds, fish pens, and fish cages must submit annual reports. Failure to do so incurs an administrative fine of P5,000 per unreported hectare. Non-submission for two consecutive years for fishponds covered by FLA leads to cancellation. Judicial penalties are twice the administrative fine.

It is unlawful to gather, sell, or transport sexually mature shellfish or other aquatic species below minimum size or above maximum quantities. Administrative penalties include fines of P50,000 or the value of the species, confiscation, and cancellation of permits/licenses. Judicial penalties involve imprisonment (1 month and 1 day to 6 months), twice the administrative fine, and permit/license cancellation.

Obstructing navigation or tidal flow is illegal. Administrative fines are P200,000, plus dismantling of obstructions at the offender's expense. Judicial penalties include imprisonment (1 month and 1 day to 6 months), twice the administrative fine, confiscation of stocks, and dismantling of obstructions.

Fishery operations must adhere to good aquaculture practices and environmentally sound guidelines. Violations incur administrative fines of P10,000 to P100,000 daily until compliance. Judicial penalties are 3 years imprisonment and twice the administrative fine.

Owners/operators of commercial fishing vessels employing unlicensed fisherfolk, fishworkers, or crew face administrative fines of P4,000 per unlicensed person and suspension/revocation of licenses. For distant water fishing vessels, the administrative fine is P40,000 per unlicensed person. Judicial penalties are twice the administrative fine and license suspension/cancellation.

Obstructing migration paths of anadromous, catadromous, and other migratory species is unlawful. Administrative penalties include fines of P150,000 to P500,000, dismantling of obstructions at the offender's expense, and suspension/revocation of permits/licenses. Judicial penalties are imprisonment (7 to 12 years), twice the administrative fine, dismantling of obstructions, and permit/license suspension/revocation.

Any person obstructing a fishery law enforcement officer, authorized inspector, observer, or deputized fishwarden in their duties will be penalized under this Code, including those who deny access for legal duties.