Illegal FishingRepublic Act No. 8550
“The Philippine Fisheries Code of 1998”
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Declaration of Policy● Food security
● Exclusive use and enjoyment of Filipino citizens of fishery and aquatic resources
● Rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine waters
● Protection of rights of fisherfolk in the preferential use of municipal waters
● Support for the fishery sector
Sec. 2, RA 8550
Application of its ProvisionsThe provisions of this Code shall be enforced in:
(a)all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;
Philippine waters- include:
(1) all bodies of water within the Philippine territory such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water now existing or which may hereafter exist in the provinces, cities, municipalities, and barangays
(2) the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions,
(3) the territorial sea, the sea beds, the insular shelves,
(4) all other waters over which the Philippines has sovereignty and jurisdiction including the 200-nautical miles Exclusive Economic Zone and the continental shelf.
Sec. 3, paragraph (64), RA 8550
Exclusive Economic Zone (EEZ)
An area beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical miles from the baselines as defined under existing laws.
Sec. 3, paragraph (64), RA 8550
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Application of its ProvisionsThe provisions of this Code shall be enforced in:
(b) All aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fishpens/cages; and
(c) All lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands.
Definition of TermsFishing
the taking of fishery species from their wild state of habitat, with or without the use of fishing vessels. (Sec. 4, paragraph 39, RA 8850)
Fisheries
all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof. (Sec. 4, paragraph 31, RA 8850)
Fish and Fishery/Aquatic Products
include not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form. (Sec. 4, paragraph 22, RA 8850)
Definition of TermsFisherfolk
people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources
Sec. 4, paragraph 28, RA 8850
Definition of TermsFishworker
● a person regularly or not regularly employed in commercial fishing and related industries
● Excluded from this category are administrators, security guards and overseers.
Sec. 4, paragraph 44, RA 8850
Definition of TermsFishery Operator
one who owns and provides the means including land, labor, capital, fishing gears and vessels, but does not personally engage in fishery
Sec. 4, paragraph 35, RA 8850
Philippine Fisheries
1.Municipal fishing
2.Commercial fishing
3.Aquaculture
Municipal FishingRefers to the fishing
● within municipal waters
● using fishing vessels of 3 gross tons or less, or fishing not requiring the use of fishing vessels.
Sec.4, par. 57, RA 8550
Municipal FishingMunicipal waters- include:
● Streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under RA 7586 (National Integrated Protected Areas System Law)
● Marine waters included between two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen kilometers from such coastline
Municipal FishingMunicipal waters
● Where two municipalities are so situated on opposite shores that there is less than thirty kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities.
Municipal Waters
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Municipal Fishing● Municipal fisheries are under the jurisdiction of municipal/
city government (Sec. 16, RA 8850)
● Priority and support given resident municipal fisherfolk (Secs. 2 &17, RA 8550)
● Users of Municipal Waters (Sec. 18, RA 8850)
● Municipal fisherfolk and their cooperatives/ organizations who are listed as such in the registry of municipal fisherfolk
● Municipal/city governments may, through its local chief executive and acting pursuant to an ordinance, authorize small and medium commercial fishing within 10.1 to 15 kilometer area from the shoreline in municipal waters ● No permission may be granted for fishing in bays as determined by the
Department to be in an environmentally critical condition and during closed season
Commercial FishingThe taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing, to be further classified as:
Classification Size of vessel
Small scale commercial fishing 3.1 GT to 20 GT
Medium scale commercial fishing
20.1 GT to 150 GT
Large scale commercial fishing More than 150 GT
Sec. 4, par. 10, RA 8550
AquacultureFishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas (Sec. 4, par. 3, RA 8550)
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Government Agencies ● Department of Agriculture
● Bureau of Fisheries and Aquatic Resources
● Fisheries and Aquatic Resources Management Councils
● Local Government Units
● Judiciary
Chapter VI Prohibitions and Penalties
Sec. 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries
Sec. 86. Unauthorized Fishing and Engaging in Other Unauthorized Fisheries
Prohibited Acts
1: “No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit.”
EXCEPTION: Fishing for daily food sustenance or for leisure which is NOT for commercial, occupation or livelihood purposes may be allowed.
Sec. 86. Unauthorized Fishing and Engaging in Other Unauthorized Fisheries
PRIMA FACIE PRESUMPTION OF UNAUTHORIZED FISHING
“Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a PRIMA FACIE PRESUMPTION that the person and/or vessel is engaged in unauthorized fishing”
Licenses and Permits Access to Fishery Resources
● The Department shall issue such number of licenses and permits for the conduct of fishery activities subject to the limits of the Maximum Sustainable Yield of the resource as determined by scientific studies or best available evidence.
● Preference shall be given to resource users in the local communities adjacent or nearest to the municipal waters.
Sec. 7, RA 8550
Licenses and PermitsGeneral Rule: No person shall operate a commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific research or educational purposes or engage in any fishery activity, or seek employment as a fishworker or pearl diver without first securing a license from the Department Exception: fishing vessel engaged in a scientific, research or educational purposes within the Philippine waters pursuant to an international agreement
Requisites to fall under the exception:
1)The fishing vessel is engaged in scientific, research or educational purposes pursuant to an international agreement.
2)The Philippines is a signatory to the agreement.
3)The agreement defines the status, privileges and obligations of said vessel and its crew and the non-Filipino officials of the international agency under which said vessel operates.
Sec. 26, RA 8550
Licenses and PermitsWho can get a commercial fishing vessel license?
● Citizens of the Philippines
● Partnerships or associations, cooperatives or corporations duly registered in the Philippines at least 60% of the capital stock of which is owned by Filipino citizens
Sec. 27, RA 8850
Licenses and PermitsRegistration+and+licensing+of+fishing+gears+used+in+commercial+fishing+
● Before&a&commercial+fishing+vessel+holding&a&commercial&fishing&vessel&license&may&begin&fishing&operations&in&Philippine&waters,&the&fishing+gear+it&will&utilize&in&fishing&shall&be®istered&and&licensed&therefor.&
&Sec.&29,&RA&8850
Sec. 86. Unauthorized Fishing and Engaging in Other Unauthorized Fisheries
Prohibited Acts
2: “It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may hereinafter be declared as over-exploited.”
Elements:
(1)That a commercial fishing vessel is used for fishing
(2)That the area where the vessel is fishing is either: (a) A bay; or
(b) A fishery management area declared as over-exploited.
Sec. 86. Unauthorized Fishing and Engaging in Other Unauthorized Fisheries
Prohibited Acts
3: “It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters.“
Elements:
(1)That the offender is NOT listed in the registry of municipal fisherfolk
(2)That he engages in any commercial fishing activity in the municipal water
Sec. 86. Unauthorized Fishing and Engaging in Other Unauthorized Fisheries
Penalties:
Prohibited+act+under+Sec.+86
Penalties
Acts%1&2 Imposed(upon((the(captain%of(the(fishing(boat(or(the(three(highest(officers(of(the(boat:(
• Fine%equivalent%to%the%value%of%the%catch%or%P10,000,%whichever%is%higher;
• Imprisonment%of%6%months; • Confiscation%of%catch%and%fishing%gears%and%automatic%
revocation%of%license.% Act%3 • Confiscation%of%catch
• Fine%of%P500
Sec. 87. Poaching in Philippine Waters
Sec. 87. Poaching in Philippine Waters
“It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters.”
Elements:
(1)That the offender is a foreign person, corporation or entity
(2)That he fishes or operates any fishing vessel in Philippine waters
Sec. 87. Poaching in Philippine Waters
PRIMA FACIE EVIDENCE
The entry of any foreign fishing vessel in Philippine waters shall constitute a PRIMA FACIE EVIDENCE that the vessel is engaged in fishing in Philippine waters.
Penalty
- Fine of US$100,000
- Confiscation of its catch, fishing equipment and fishing vessel
The Department is empowered to impose an administrative fine of not less than US$50,000.00 but not more than US$200,000.00, or its equivalent in the Philippine Currency.
Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Prohibited Acts
(1) Catching, taking or gathering fish or any fish species in the Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species
Exceptions:
(1) the Department, subject to such safeguards and conditions deemed necessary and endorsement from the concerned LGUs, may allow, for research, educational or scientific purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species
(2) the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact in neighboring waters and grounds
DefinitionsFishing through Explosives
● The use of the dynamite, other explosives or other chemical compounds that contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species.
• It also refers to the use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat.
Sec. 4, par. 42, RA 8550
Fishing with Noxious or Poisonous Substance
The use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat.
Sec. 4, par. 43, RA 8550
Definitions
DefinitionsElectrofishing
The&use&of&electricity&generated&by&batteries,&electric&generators&and&other&source&of&electric&power&to&kill,&stupefy,&disable&or&render&unconscious&fishery&species,&whether&or¬&the&same&are&subsequently&recovered.&
Sec. 4, par. 16, RA 8550
Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Prohibited Acts
(2) Possessing, dealing in, selling, or in any manner disposing of illegally caught, taken, or gathered fish or fishery species
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Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Prima facie evidence
(1) Discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker
(2) Discovery in any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity
Hizon v. Court of Appeals
Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Penalties
Act Penalty
Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing
Imprisonment ranging from 6 months to 2 years
Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing
Imprisonment ranging from 5 years to 10 years
without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life
Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species
Imprisonment ranging from 5 years to 10 years
without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life
In all cases enumerated above Forfeiture of the explosives, noxious or poisonous substances and/or electrical devices, as well as the fishing vessels, fishing equipment and catch shall be forfeited
Sec. 89. Use of Fine Mesh Nets
Sec. 89. Use of Fine Mesh Nets
Fine Mesh Net Net with mesh size of less than 3 cm. measured between 2 opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency
Sec. 4, par. 21, RA 8850 http://www.inform.kz/fotoarticles/20141213071737.jpg
Sec. 89. Use of Fine Mesh NetsExceptions
The prohibition shall NOT apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature to be identified in the implementing rules and regulations by the Department.
http://seymoursalmon.com/images/lifecycle/fry.jpg http://a.abcnews.go.com/images/International/nc_glass_eels_nt_120323_wblog.jpg
fry glass eel
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tabios
elvers
alamang
Sec. 89. Use of Fine Mesh NetsPenalties
● A fine from P2,000 to P20,000 or imprisonment from 6 months to 2 years or both
● If the offense is committed by a commercial fishing vessel, the boat captain, the master fisherman and the owner/operator of the commercial fishing vessel shall also be subjected to the same penalties provided herein
● The Department is also empowered to impose upon the offender an administrative fine and/or cancel his permit or license or both.
Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas
Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management
Areas
Elements
(1)That the offender engages in fishing in municipal waters and in all bays, as well as other fishery management areas
(2)That he uses active fishing gears as defined in this Code
Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas
Active Fishing Gears
● A fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments;
● Trawl, purse seines, Danish seines, bag nets, pa-aling, drift gill net and tuna longline.
Sec. 4, RA 8550
Trawl
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Purse Seine
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Pa-aling
http://humanplanet.com/timothyallen/2011/01/pa-aling-fishing/
Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management
AreasPenalties
Persons Penalized Penalty
Boat captain and master fisherman who participated in the violation
Imprisonment from 2 years to 6 years
Owner/operator of the vessel
If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation
If the owner/operator is a partnership the penalty shall be imposed on the managing partner.
Fine from P2,000 to P20,000 upon the discretion of the court
The catch shall be confiscated and forfeited.
Sec. 91. Ban on Coral Exploitation and Exportation
Sec. 91. Ban on Coral Exploitation and Exportation
Prohibited Act: Gathering, possessing, selling or exporting ordinary, precious, and semi-precious corals, whether in raw or in processed form.
Exception: Scientific or research purposes
http://www.whoi.edu/cms/images/coral_reefs_main_196653.jpeg
Precious Corals● Red, white, pink corals
http://www.gemselect.com/other-info/graphics/natural-red-coral.jpg
Semi-Precious Corals● Black corals
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Ordinary Corals● Neither precious nor semi-precious
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Sec. 91. Ban on Coral Exploitation and Exportation
Penalties
● Imprisonment from 6 months to 2 years; or
● Fine from P2,000 to P20,000; or both
● Forfeiture of the subject corals, including the vessel and its proper disposition
The confiscated corrals shall either be
● Returned to the sea; or
● Donated to schools and museums for educational or scientific purposes; or
● Disposed through other means
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
Prohibited Acts:
(1)Fishing with gear method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department
(2)Engaging in “muro-ami” and any of its variation, and such similar gear and methods that require diving, other physical or mechanical act to pound the coral reefs and other habitat to entrap, gather, or catch fish and other fishery species
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
“Muro-Ami”
A Japanese fishing method used in reef fishing consisting of a movable bagnet, detachable wings and scarelines having plastic strips and iron/steel/stone weights, effecting fish capture by spreading the net in an arc around reefs or shoals and, with the use of the scarelines, a cordon of fishermen drive the fish towards the waiting net while pounding the corals by means of heavy weights like iron/steel/stone or rock making it destructive to the corals.
(Sec. 1(a) FAO 203 ss 2000)
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
“Kayakas”
Locally known as bahan, bahig, lukay, lukayan, pukot, singkil, tigsil, lintig or likum-likom, is the local version of the “muro-ami” but smaller in size, using bamboo or trunk of trees as scaring devices aside from coconut or other leaves or material to drive the fish out of the coral reefs while at the same time pounding the corals which makes it destructive to the corals.
(Sec. 1(b) FAO 203 ss 2000)
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
“Scarelines”
A device made up of ropes of various diameter with length depending upon the depth of the water, with styrofoam, bamboo or synthetic material used as floats at one end of the rope, and stones, lead or iron chains and other material of varying weight. Along the rope are plastic strips, corn/coconut husks, coconut or other leaves or material tied at different intervals used to scare and drive the fish towards the waiting net. Contact and entanglement of the scarelines with the corals is what is making it destructive.
(Sec. 1(c) FAO 203 ss 2000)
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
Penalties:
● Operator, boat captain, master fisherman, and recruiter of the organizer of fishworkers: ➢ 2 years to 10 years imprisonment and a fine not less
than P100,000 to P500,000 or both such fine and imprisonment, at the discretion of the court.
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat
Prohibited Acts:
(3) Gathering, selling or exporting white sand, silica, pebbles and any other substances which make up any marine habitat.
Penalties:
● 2 years to 10 years imprisonment and a fine not less than P100,000 but not more than P500,000 or both, at the discretion of the court
● Confiscation of the substance taken from its marine habitat
Sec. 93. Illegal Use of Superlights
Sec. 93. Illegal Use of Superlights
Prohibited Acts:
(1)Fishing with the use of superlights in municipal waters
(2)Fishing with the use of superlights in violation of the rules and regulations which may be promulgated by the Department on the use of superlights outside municipal waters
Sec. 93. Illegal Use of Superlights
Superlight
also called magic light, is a type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water.
It consists of a ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine.
Sec. 4, par. 71, RA 8550 http://i.ytimg.com/vi/lwsHDp23VSI/maxresdefault.jpg
Sec. 93. Illegal Use of Superlights
Regulation&on&use&of&superlights&outside&of&municipal&waters:&
FISHERIES&ADMINISTRATIVE&ORDER&NO.&204&:&Series&of&2000,&Section&2
Scale+of+Fishing Allowed+Kilowatts+per+Vessel
Small%scale%(3.1%to%20%GT) 20%KW%per%vessel%
Medium%scale%(20.1%to%150%GT) 36%KW%per%vessel
Large%scale%(More%than%150%GT) 40%KW%per%vessel
Sec. 93. Illegal Use of Superlights
Penalties:
● Imprisonment from 6 months to 2 years; or fine of P5,000 per superlight; or both, at the discretion of the courts
● Confiscation of the superlight, fishing gears and vessel
Sec. 94. Conversion of Mangroves
Sec. 94. Conversion of Mangroves
Prohibited Act
Conversion of mangroves into fishponds or any other purposes
“Mangroves”
a community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps.
Sec. 4, par.51, RA 8550
http://www.inewmedia.org/wp-content/uploads/2014/07/Philippines-Mangrove-Planting.jpg
Sec. 94. Conversion of Mangroves
Penalties
● Imprisonment of 6 years and 1 day to 12 years and/or a fine of P80,000
● If the area requires rehabilitation or restoration as determined by the court, the offender shall also be required to restore or compensate for the restoration of the damage.
Sec. 95. Fishing in Overfished Area and During Closed Season
Sec. 95. Fishing in Overfished Area and During Closed Season
Prohibited Acts:
(1)Fishing in an overfished area
(2)Fishing during closed season
Sec. 95. Fishing in Overfished Area and During Closed Season
Limited Entry Into Overfished Areas
Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger of being overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters.
Sec. 23, RA 8550
Sec. 95. Fishing in Overfished Area and During Closed Season
Closed Season
Definition
The period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters.
(Sec. 4, par. 8, RA 8550)
Establishment of Closed Season
The Secretary may declare a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays
● He may also include waters under the jurisdiction of special agencies, municipal waters and bays ● Only upon concurrence and approval and recommendation of such
special agency and concerned LGU and FARMC. (Sec. 9, RA 8550)
Sec. 95. Fishing in Overfished Area and During Closed Season
Penalties
● Imprisonment of 6 months and 1 day to 6 years; and/or a fine of P6,000
● Forfeiture of the catch
● Cancellation of fishing permit or license
Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries
Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries
“It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries.”
Fishery Reserve
● A&designated&area&where&activities&are®ulated&and&set&aside&for&propagation,+educational,+research+and+scientific+purposes.&(Sec.&4,&par.&37,&RA&8550)&
● For&the&exclusive&use&of&Government&(Sec.&80,&RA&8550)
Fishery Refuge and Sanctuaries
● At least 25% but not more than 40%of bays, foreshore lands, continental shelf or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish
● May be established by DA
● No commercial fishing in these areas
Sec. 81, RA 8550
Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries
Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries
Penalties
● Imprisonment of 2 years to 6 years and/or fine of P2,000 to P20,000
● Forfeiture of the catch
● Cancellation of the fishing permit or license
Sec. 97 Fishing or Taking of Rare, Threatened or Endangered Species
Sec. 97 Fishing or Taking of Rare, Threatened or Endangered Species
“It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CITES* and as determined by the Department.”
*Convention on International Trade in Endangered Species of Wild Fauna and Flora
Endangered, Rare and/or Threatened Species
● Aquatic&plants,&animals,&including&some&varieties&of&corals&and&sea&shells&in+danger+of+extinction++
● As&provided&for&in&existing&fishery&laws,&rules&and®ulations&or&in&the&Protected&Areas&and&Wildlife&Bureau&of&the&DENR&and&in&the&Convention&of&the&International&Trade&of&Endangered&Species&of&Flora&and&Fauna&(CITES)&
Sec.&4,&par.&17,&RA&8550&
Sec. 97 Fishing or Taking of Rare, Threatened or Endangered Species
Penalties
● Imprisonment of 12 years to 20 years and/or fine of P120,000
● Forfeiture of the catch
● Cancellation of fishing permit
Sec. 98. Capture of Sabalo and Other Breeders/Spawners
Sec. 98. Capture of Sabalo and Other Breeders/Spawners
“It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or spawners of other fishery species as may be determined by the Department”
Exceptions:
Catching of "sabalo" and other breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the Department
Sec. 98. Capture of Sabalo and Other Breeders/Spawners
Penalties
● Imprisonment of 6 months and 1 day to 8 years and/or fine of P80,000
● Forfeiture of the catch and fishing equipment used
● Revocation of license
Sec. 99. Exportation of Breeders, Spawners, Eggs or Fry
Sec. 99. Exportation of Breeders, Spawners, Eggs or Fry“Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall be punished”
Section 61. (b) To protect and maintain the local biodiversity or ensure the sufficiency of domestic supply, spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be determined by the Department, shall NOT be exported or caused to be exported by any person;
Penalties
● Imprisonment of 8 years
● Confiscation of the breeders, eggs or fry or a fine equivalent to double the value of the same
● Revocation of the fishing and/or export license permit
Sec. 99. Exportation of Breeders, Spawners, Eggs or Fry
Sec. 100. Importation or Exportation of Fish or Fishery Species
Sec. 100. Importation or Exportation of Fish or Fishery Species
“Any importation or exportation of fish or fisheries species in violation of this Code shall be punished”
Section 61. Importation and Exportation of Fishery Products. -
(a) Export of fishery products shall be regulated whenever such exportation affects domestic food security and production: Provided, That exportation of live fish shall be prohibited except those which are hatched or propagated in accredited hatcheries and ponds;
Section 61.
(c) Fishery products may be imported only when the importation has been certified as necessary by the Department in consultation with the FARMC, and all the requirements of this Code, as well as all existing rules and regulations have been complied with: Provided, That fish imports for canning/processing purposes only may be allowed without the necessary certification, but within the provisions of Section 61(d) of this Code; and
(d) No person, shall import and/or export fishery products of whatever size, stage or form for any purpose without securing a permit from the Department.
Sec. 100. Importation or Exportation of Fish or Fishery Species
Sec. 100. Importation or Exportation of Fish or Fishery Species
Penalties
• 8 years imprisonment
• Fine of 80,000 pesos
• Destruction of live fishery species
• Forfeiture of non-live fishery species in favor of the DA for its proper disposition.
• Violators shall be banned from being members or stockholders of companies currently engaged in fisheries or companies to be created in the future
Sec. 101. Violation of Catch Ceilings
Sec. 101. Violation of Catch Ceilings
“It shall be unlawful for any person to fish in violation of catch ceilings as determined by the Department.”
Catch Ceilings
The annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. (Sec. 4, par. 7, RA 8550)
Who prescribes catch ceilings?
● The Secretary of the DA may prescribed imitations or quota on the total quantity of fish captured, for a specified period of time and specified area based on the best available evidence. (Sec. 8, RA 8850)
● In municipal waters and fishery management areas, and waters under the jurisdiction of special agencies, catch ceilings may be established upon the concurrence and approval or recommendation of such special agency and the concerned LGU in consultation with the FARMC (Secs. 8 &23, RA 8550)
Sec. 101. Violation of Catch Ceilings
Penalties
● Imprisonment of 6 months and 1 day to 6 years and/or fine of P50,000
● Forfeiture of the catch, and fishing equipment
● Revocation of license
Sec. 102. Aquatic Pollution
Sec. 102. Aquatic PollutionAquatic Pollution Introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation
Sec. 4, par. 4, RA 8550
Aquatic Pollution Includes:
● Dumping/disposal of waste and other marine litters
● Discharge of petroleum or residual products of petroleum or carbonaceous materials/substances, and other, radioactive noxious, or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure
● Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion which cause similar hazards and deleterious effects
Sec. 4, par. 4, RA 8550
Sec. 102. Aquatic Pollution
Sec. 102. Aquatic PollutionPenalties
● Imprisonment of 6 years and 1 day to 12 years and/or fine of P80,000 plus an additional fine of fine of P8,000 per day until such violation ceases and the fines paid.
Sec. 103. Other Violations
Sec. 103. Other ViolationsOther fisheries activities which are also considered as violations of the Code
(a) Failure to Comply with Minimum Safety Standards
(b) Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages
(c) Gathering and Marketing of Shell Fishes
(d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay
(e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Sec. 103. Other Violations(a) Failure to Comply with Minimum Safety Standards.
“The owner and captain of a commercial fishing vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of compliance with the safety standards provided in this Code,”
● Section 36. Complement of Fishing Vessels. - Every commercial fishing vessel of Philippine registry when actually operated, shall be manned in accordance with the requirements of the Philippine Merchant Marine rules and regulations.
● Section 37. Medical Supplies and Life-Saving Devices. - All fishing vessels shall be provided with adequate medical supplies and life-saving devices to be determined by the Occupational Safety and Health Center: Provided, That a fishing vessel of twenty (20) GT or more shall have as a member of its crew a person qualified as a first aider duly certified by the Philippine National Red Cross.
Sec. 103. Other Violations(a) Failure to Comply with Minimum Safety Standards.
● Immediately prevented from continuing his fishing activity and escorted to the nearest port or landing point
● The license to operate the commercial fishing vessel shall be suspended until the safety standard has been complied with
Sec. 103. Other Violations(b) Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages.
Penalties:
● The Fishpond Lease Agreement of the holder who fails to render a yearly report shall be immediately cancelled.
● If the offender be the owner of the fishpond, fish pen or fish cage, he shall be subjected to the following penalties:
(1) first offense, a fine of Five hundred pesos (P500.00) per unreported hectare;
(2) subsequent offenses, a fine of One thousand pesos (1,000.00) per unreported hectare.
Sec. 103. Other Violations(c) Gathering and Marketing of Shell Fishes.
Elements:
(1)That the person takes, sells, transfers, or has in possession shell fishes for any purpose;
(2)That the shell fishes are sexually mature or below the minimum size prescribed for the particular species or above the maximum quantities prescribed for the particular species
Sec. 103. Other Violations(d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay.
removed at the expense of the lessee, licensee or occupants (Sec. 55, RA 8850)
(e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages.
“It shall be unlawful to construct and operate fish corrals/ traps, fish pens and fish cages without a license/permit.”
Sec. 103. Other ViolationsPenalties for the enumerated prohibited acts under Sec. 103
● A fine ranging from P10,000 or imprisonment from 1 month and 1 day to 6 months, or both
● subject to the provision of subparagraph (b) of the same section
● Forfeiture of the proceeds of such offense and the instruments and tools with which it was committed
● The confiscation and forfeiture shall be in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.
Sec. 103. Other Violations● The Secretary is empowered to impose upon the offender an
administrative fine of not more than P10,000 or to cancel his permit or license, or both
● The Secretary, or his duly authorized representative, and law enforcement agents are empowered to impound
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
➢ Fine of not more than Ten thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both upon the discretion of the court
Sec. 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker
or Crew
Section 26. Commercial Fishing Vessel License and Other Licenses
● No person shall engage in any fishery activity or seek employment as a fishworker without first securing a permit or license from the Department
● All skippers/master fishers shall be required to undertake an orientation training on detection of fish caught by illegal means before they can be issued their fishworker licenses
Sec. 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker
or Crew
Sec. 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker
or Crew
Penalties
Imposed on the owner/operator of a commercial fishing vessel
Person Illegally Employed
Penalty Imposed on the Owner/Operator of a Commercial Fishing Vessel
Unlicensed fisherfolk or fishworker
Fine of P500 for each unlicensed fisherfolk or fisherworker for every month the same has been employed
Unlicensed crew member Fine of P1,000 for each unlicensed crew member for every month the same has been employed
Sec. 105. Obstruction of Defined Migration Paths
Sec. 105. Obstruction of Defined Migration Paths
“Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but not limited to river mouths and estuaries within a distance determined by the concerned FARMCs”
Penalties
● Imprisonment of 7 years to 12 years or a fine from P50,000 to P100,000 or both at the discretion of the court; and
● Cancellation of permit/license, if any; and
● Dismantling of the obstruction at the expense of the offender; and
● Confiscation
Sec. 106. Obstruction to Fishery Law Enforcement Officer
Sec. 106. Obstruction to Fishery Law Enforcement Officer
Elements
(1)That the offender is the boat owner, master or operator or any person acting on his behalf or of any fishing vessel
(2)That he evades, obstructs, or hinders any fishery law enforcement officer of the Department to perform his duty
Sec. 106. Obstruction to Fishery Law Enforcement Officer
Penalties
● Fine of P10,000
● Cancellation of registration, permit and/or license of the vessel including the license of the master fisherman