Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 534)
Philippine Waters include all bodies of water within Philippine Territory such as rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays, seas, and other bodies of water within the provinces, cities, municipalities, municipal districts, and barrios; including the sea or fresh water around, between and connecting each of the islands of the Philippine Archipelago and all other waters belonging to the Philippines by historic or legal title, including the territorial sea, seabed, insular shelves, and submarine areas where the Philippines has sovereignty or jurisdiction.
Fishing with the use of explosives means the use of dynamite, other explosives, or chemical compounds that contain combustible elements which, upon ignition, kill, stupefy, disable or render unconscious any fish or fishery/aquatic products. It also includes the use of other substances or devices causing explosions with harmful effects on fishery resources.
Electro-fishing refers to the use of electricity generated by dry cell batteries, electric generators, or other power sources to kill, stupefy, disable, or render unconscious fish or fishery/aquatic products. It also includes the use of rays or beams of any nature or power source.
Yes, it is unlawful to use explosives, obnoxious or poisonous substances, or electricity to catch, take, or gather fish or fishery/aquatic products in Philippine waters, except when allowed by the Secretary of Natural Resources for research, educational, or scientific purposes under prescribed safeguards and conditions.
Using explosives to catch fish is punishable by imprisonment of 10 to 12 years. If the explosion causes physical injury, the penalty increases to 12 to 20 years imprisonment. If it causes loss of human life, the penalty ranges from 20 years to life imprisonment or death.
If poisonous substances cause physical injury, the penalty is imprisonment from 10 to 12 years. If it results in loss of human life, the penalty is imprisonment from 20 years to life or death.
Violations of rules and regulations promulgated by the Secretary of Natural Resources are punishable by imprisonment from 6 months to 4 years, or a fine of P500 to P5,000.
If a violation is committed by a partnership, association, or corporation, the managing partner, director, or president who ordered or allowed the violation shall be held liable together with the person who actually committed the prohibited acts.
Any person who knowingly possesses, deals in, sells, or disposes of illegally caught fish or fishery/aquatic products for profit shall be punished by imprisonment from 2 to 6 years upon conviction by a competent court.
Presidential Decree No. 534 took effect upon its promulgation on August 8, 1974.