NS 1- Fisheries and aquatic resources.pdf

8/22/2019 NS 1- Fisheries and aquatic resources.pdf

http://slidepdf.com/reader/full/ns-1-fisheries-and-aquatic-resourcespdf 1/24

NS 1



GROUP 3

KRISTINE MAE PALAO

KOH KEY ABAO ABAO

ANDREA DOYOHOYARIEL BABE

BENITO GUTIErREZ

JIX PAROHINOG



Fisheriesand Aquatic

Resources



&Laws

REGULATIONSFROM THE BUREAU OF FISHERIES AND AQUATIC RESOURCES OF THE PHIL.



"An act providing for the

development, management andconservation of the fisheries and

aquatic resources, integrating all

laws pertinent thereto, and for other purposes."



Pursuant to Republic Act No. 8550 -

IMPLEMENTING RULES AND REGULATIONS

"An act providing for the

development, management andconservation of the fisheries and

aquatic resources, integrating all

laws pertinent thereto, and for other purposes."



Agriculture and Fisheries

Modernization Act of 1997 (RA 8435)

"An act prescribing urgent related

measures to modernize the agriculture

and fisheries sectors of the country inorder to enhance their profitability, and

prepare said sectors for the challenges of

the globalization through an adequate,

focused and rational delivery of

necessary support services, appropriating

funds therefore and for other purposes."



Fisheries Administrative Order

Philippine Fishery Legislation

"Revising and consolidating all

laws and decrees affecting fishing

and fisheries."

Presidential Decree No. 704

Law of waters 1863



RELATED

LEGISLATIONS



Local Government Code (R.A 7160)

"An act providing for a local government

code of 1991"

Electronic Commerce Act of

2000 (R.A 8792)

"An act providing for the recognition and

use of electronic commercial and non-commercial transactions and documents,

penalties for unlawful use thereof and for

other purposes."



Government Procurement Reform Act (R.A 9184)

"An act providing for the modernization,

standardization and regulation of the

procurement activities of the government and

for other purposes."

Electronic Commerce Act of

2000 (R.A. 8792) Implementing

Rules and Regulations



Violation

Example from the Supreme Court Cases



COMMON

VIOLATION

•

DynamiteFishing



•Blast fishing or dynamite fishing is

the practice of using explosives to

stun or kill schools of fish for

easy collection.

•In the Philippines, where the

practice has been well-

documented, blast fishing was knownprior to World War I, as this

activity is mentioned by Ernst

Jünger in his book Storm of

Steel. One 1999 report estimatedthat some 70,000 fishermen (12% of

the Philippines' total fishermen)

engaged in the practice.



•Extensive hard-to-patrol coastlines, the

lure of lucrative, easy catches, and in

some cases outright apathy or corruption

on the part of local officials makeenforcement of blast fishing bans an

ongoing challenge for authorities.

•Commercial dynamite or, more

commonly, homemade bombs constructedusing a glass bottle with layers of

powdered potassium nitrate and pebbles or

an ammonium nitrate and kerosene mixture

are often employed.

•Underwater shock waves produced by the

explosion stun the fish and cause

their swim bladders to rupture.



CASE RELATEDFROM

DYNAMITE

FISHING



G.R. No. L-13678

November 20, 1959

MOISES CUBELO, defendant-

appellant. vs. THE PEOPLE OFTHE PHILIPPINES, plaintiff-

appellee,



In the Court of FirstInstance of Surigao,

appellant Moises Cubelo

was charged with thecrime of illegal fishing

with explosives



That on or about the 7th day of March,

1955, within the jurisdictional waters of

the municipality and province of Surigao,

Philippines, and within the jurisdiction

of this Honorable Court, the said accused

did then and there willfully, unlawfully

and feloniously explode one stick of

dynamite without permit to do so as a

result of which a certain kind of fishlocally called tamban valued at P10.00 was

disabled, killed and/or stupefied in

violation of Act 4003, as amended by

Commonwealth Act No. 471 and furtheramended by Republic Act No. 462.



He was arraigned on March 25, 1957, the

information being read and translated to

him in local dialect. to the charged, he

pleaded him guilty of illegal fishing withthe use of explosives as defined in Act.

No. 4003, as amended and considering his

plea of guilty as a mitigating

circumstance, sentenced him—

.. to undergo the indeterminate penalty of

one (1) year and six (6) months , as

minimum, to two (2) years , as maximum and

to pay a fine in the amount of P1,500, or

to serve subsidiary imprisonment which

shall not be more than one-third (1/3) of

the principal penalty or in any case to not

more than one year; and to pay the costs.



In view of the

foregoing, the

decision appealedfrom is hereby

affirmed, withcosts.



REFERENCES



•http://www.googlesyndicatedse

arch.com/u/lawphil?q=court+cas

es+summaries+in+aquatic+resources&ie=UTF-

8&prmd=ivns&ei=LkfAUe7WO8bJkgX

CmoG4BA&start=30&sa=N•http://www.bfar.da.gov.ph/pag

es/Legislation/legislations.ht

ml•http://ischoolmjmontano.wordp

ress.com/what-is-dynamite-

fishing/



REPORTEND OF

Documents

NS 1- Fisheries and aquatic resources.pdf