Section 38. Penalties. —

1. For illegal fishing and dealing in illegally caught fish or fishery/aquatic products. — Violation of Section 33 hereof shall be punished as follows:

   1. By imprisonment from ten (10) to twelve (12) years, if explosives are used: Provided, That if the explosion results 1) in physical injury to any person, the penalty shall be imprisonment from twelve (12) to twenty (20) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life, or death;

   2. By imprisonment from eight (8) to ten (10) years, if obnoxious or poisonous substances are used: Provided, That if the use of such substances results 1) in physical injury to any person, the penalty shall be imprisonment from ten (10) to twelve (12) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life or death;

   3. By imprisonment from two (2) to four (4) years, if electricity is used; and

   4. By imprisonment from two (2) to six (6) years for dealing in illegally caught fish or fishery/aquatic products.

2. Trawl fishing. — Violation of section 35 hereof shall be punished by a fine not exceeding one thousand pesos (P1,000.00) or imprisonment for a period not exceeding one (1) year, or both fine and imprisonment, in the discretion of the Court.

3. Exportation of "bangus" fry. — Violation of section 36 shall be punished by a fine of not less than one thousand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) or by imprisonment for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment, in the discretion of the Court.

4. Other violations. — Violation of any other provision of this Decree, or of any rule or regulation already existing, or which may be promulgated pursuant to this Decree, shall subject the offender to fine of from five hundred pesos (P500.00) to five thousand pesos (P5,000.00) or imprisonment from six (6) months to four (4) years, or both such fine and imprisonment, in the discretion of the Court: Provided, That the Director of Fisheries and Aquatic Resources is hereby empowered to impose upon the offender an administrative fine of not more than five thousand (P5,000.00) or to cancel his permit or license, or to impose such fine and to cancel his permit or license, in the discretion of the Director: Provided, Further, That the Director, or his duly authorized representative, and law enforcement agents are hereby empowered to impound with the assistance of the Philippine Coast Guard, if necessary, the fishing boat including the dynamite, blasting caps and other explosives, obnoxious or poisonous substances, and apparatus used in electric fishing, and other apparatus used in illegal fishing, pending the termination of the criminal case by competent courts: Provided; finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such inspection and/or movement is authorized under this Decree, shall be subject to a fine of not more than two thousand pesos (P2,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, in the discretion of the Court.

Any public official, who enforces an ordinance, resolution, rule and/or regulation concerning fishing and fisheries not previously approved by the Secretary, shall be criminally prosecuted and, upon conviction, shall suffer the penalty of not more than five (5) years imprisonment or a fine of not more than ten thousand pesos (P10,000.00) or both such fine and imprisonment, in the discretion of the Court.