Title
Ban on Coral Exploitation and Exportation
Law
Bfar Administrative Order No. 202, S. 2000
Decision Date
Aug 14, 2000
The regulation prohibits the gathering, possession, sale, and exportation of all types of corals, imposing penalties for violations while allowing limited research permits under strict conditions.

Core definitions for coral rules

  • “Person” includes a natural or juridical person under Section 1(a).
  • “Coral” consists of small anemone-like organisms in Phylum Coelenterata that secrete their own skeletons of various forms and includes hard, soft, stony, or horny corals under Section 1(b).
  • “Precious coral” is the genus Corallium (red, pink, and white corals) characterized as having a rigid axis of calcareous or horny spicules under Section 1(b)(i).
  • “Semi-precious coral” is characterized as having a thorny, horny axis (such as the Antipatharians) represented by black corals under Section 1(b)(ii).
  • “Ordinary coral” covers all kinds of coral other than precious and semi-precious corals under Section 1(b)(iii).
  • “Exploitation” means the actual extraction, gathering and collection in accordance with acceptable coral development and conservation practices under Section 1(c).
  • “Exportation” means the actual sending or shipping of corals to another country for sale under Section 1(d).

Prohibition on coral exploitation and export

  • Section 2 makes it unlawful for any person or corporation to gather corals.
  • Section 2 makes it unlawful for any person or corporation to possess corals.
  • Section 2 makes it unlawful for any person or corporation to sell corals.
  • Section 2 makes it unlawful for any person or corporation to export corals.
  • The prohibition covers ordinary, precious and semi-precious corals whether in raw or processed form under Section 2(a).

Research exception for limited scientific use

  • Section 3(a) authorizes the Secretary of Agriculture, through the Director of Fisheries and Aquatic Resources, to issue a special permit to research institutions.
  • Research institutions may use a special permit to gather coral in limited quantities for scientific or research purposes under Section 3(a).
  • The exception does not apply to coral species listed in CITES Appendix under Section 3(a).

Criminal penalties for violations

  • A violation of the Order subjects the offender to imprisonment from six months to two (2) years under Section 4(a).
  • A violation of the Order subjects the offender to a fine from two thousand pesos (P2,000.00) to twenty thousand pesos (P20,000.00) under Section 4(a).
  • The court may impose both such fine and imprisonment, or either one, at its discretion under Section 4(a).
  • Violations result in forfeiture of the subject corals, including the vessel under Section 4(a).
  • The Order requires forfeiture to include the vessel and directs its proper disposition under Section 4(a).

Confiscated corals and disposition

  • Confiscated corals must be returned to the sea under Section 5(a).
  • Confiscated corals may be donated to schools and museums for educational and scientific purposes under Section 5(a).
  • Confiscated corals may also be disposed through other means most favorable to the Government under Section 5(a).

Repeal of inconsistent regulations

  • All existing administrative orders, rules and regulations, or parts thereof, that are inconsistent with the Order are repealed or modified accordingly under Section 6(a).

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