How Well Do You Know the Philippine Fisheries Code and Its Penalties?

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16 Questions

What is the purpose of Republic Act No. 10654?

To prevent, deter, and eliminate illegal, unreported, and unregulated fishing in the Philippines

What approach to fisheries management does Republic Act No. 10654 adopt?

The precautionary principle and ecosystem-based approach

What does Republic Act No. 10654 ensure regarding fishery and aquatic resources in Philippine waters?

The rational and sustainable development, management, and conservation of fishery and aquatic resources

What does Republic Act No. 10654 require commercial fishing vessel owners/operators to do?

Keep a daily record of fish catch and spoilage, landing points, quantity, and value of fish caught and off-loaded for transhipment, sale, and/or other disposal

What is considered unreported fishing according to Republic Act No. 10654?

Fishing activities that have not been reported or have been misreported to the Department

What is considered illegal fishing according to Republic Act No. 10654?

Philippine flagged fishing vessels operating in areas managed by RFMOs to which the Philippines is not a party to

What are the penalties for violating the coral ban according to the Philippine Fisheries Code?

Administrative fines and forfeiture of corals

What is the penalty for noncompliance with good aquaculture practices according to the Philippine Fisheries Code?

Both A and B

What is the main objective of Republic Act No. 10654?

To prevent, deter, and eliminate illegal, unreported, and unregulated fishing in the Philippines

What approach does the amendment adopt for fisheries management?

The precautionary principle and ecosystem-based approach

What areas are covered by the provisions of the Philippine Fisheries Code?

All Philippine waters, including inland, coastal, or offshore fishing areas, lands devoted to aquaculture, or businesses and activities related to fishery, whether private or public lands.

What is considered unreported fishing?

Fishing activities that have not been reported or have been misreported to the Department

What is illegal fishing according to the Philippine Fisheries Code?

All of the above

What is the daily record that commercial fishing vessel owners/operators are required to keep?

Record of fish catch and spoilage, landing points, quantity, and value of fish caught and off-loaded for transhipment, sale, and/or other disposal

What is the penalty for fishing during closed season?

Administrative fine and confiscation of catch and gear

What is the penalty for using unlicensed fishing gear?

Fines of P200,000 to P500,000 per gear

Study Notes

Republic Act No. 10654: Preventing Illegal Fishing in the Philippines

  • Republic Act No. 10654 amends Republic Act No. 8550, also known as "The Philippine Fisheries Code of 1998."

  • The amendment aims to prevent, deter, and eliminate illegal, unreported, and unregulated fishing in the Philippines.

  • The amendment adopts the precautionary principle and ecosystem-based approach to fisheries management and integrated coastal area management.

  • The amendment ensures the rational and sustainable development, management, and conservation of fishery and aquatic resources in Philippine waters, including the Exclusive Economic Zone and adjacent high seas.

  • The Philippines commits to international conventions and cooperation with other states and international bodies to conserve and manage threatened aquatic species, straddling and highly migratory fish stocks, and other living marine resources.

  • The provisions of the Code shall be enforced in all Philippine waters, including inland, coastal, or offshore fishing areas, lands devoted to aquaculture, or businesses and activities related to fishery, whether private or public lands.

  • Fishing activities that have not been reported or have been misreported to the Department, or undertaken in the area of competence of a relevant Regional Fisheries Management Organization (RFMO), are considered unreported fishing, which is prohibited.

  • Philippine flagged fishing vessels operating in areas managed by RFMOs to which the Philippines is not a party to, or in areas or fish stocks where there are no applicable conservation and management measures, are considered illegal fishing, which is also prohibited.

  • The Code defines terms such as distant water fishing, conservation and management measures, fishing gear, fishing vessel/gear license, and fishing light attractor, among others.

  • The Code establishes a monitoring, control, and surveillance system to ensure that fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a sustainable basis and conserved for the benefit of Filipino citizens.

  • The Code requires commercial fishing vessel owners/operators to keep a daily record of fish catch and spoilage, landing points, quantity, and value of fish caught and off-loaded for transhipment, sale, and/or other disposal.

  • The Code authorizes the Department to adopt port state measures that must be complied with by foreign fishing vessels, including prior notification of port entry, use of designated ports, restrictions on port entry and landing or transhipment of fish, and other related measures.Prohibitions and Penalties for Fishing Activities in the Philippines

  • The Department of Fisheries and Aquatic Resources sets the quality grades/standards and labeling requirements for fishery products for export, import, and domestic consumption.

  • The Department also sets the standards for weights, volume, quality, and other measurements for all fishery transactions and trade.

  • The Bureau of Fisheries and Aquatic Resources (BFAR) is responsible for promoting the development, conservation, management, protection, and utilization of fisheries and aquatic resources in the Philippines.

  • The BFAR can initiate criminal prosecution of offenses committed in violation of the fisheries code, regardless of their location.

  • The BFAR can determine appropriate levels of administrative and other sanctions for serious violations of the laws, rules, and regulations.

  • The BFAR can require performance bonds and impose reasonable fees and charges for laboratory services, inspection, deployment of fisheries observers, and catch documentation and validation.

  • The BFAR can adopt and implement a national plan of action to manage fishing capacity, implement the international code of conduct for responsible fisheries, and declare fishery management areas as over-exploited.

  • It is unlawful to capture or gather fish or fishery products without a license or permit from the Department or LGU, except for daily food sustenance or leisure purposes.

  • Fishing for commercial purposes in municipal waters is unlawful, and the boat captain and three highest officers of the commercial fishing vessel and owner or operator violating this provision will be penalized with confiscation of catch and gear and an administrative fine.

  • Engaging in unauthorized fisheries activities, such as exploiting, occupying, producing, breeding, or culturing fish or constructing and operating fish corrals, fish traps, fish pens, and fish cages or fishponds without a license, lease, or permit, is unlawful and penalized with an administrative fine and confiscation of stocks.

  • It is unlawful to fish in the high seas, territorial seas, archipelagic waters, and exclusive economic zones of other states using a Philippine flagged fishing vessel without first securing a fishing permit from the Department and authorization from the coastal state.

  • It is unlawful to engage in unreported or unregulated fishing or to fish using explosives, noxious or poisonous substances, or electricity. Violators will be punished with administrative fines, imprisonment, and confiscation of catch and gear.Penalties for Violations of Philippine Fisheries Code

  • The Philippine Fisheries Code prohibits certain fishing practices and activities that harm marine life and habitats.

  • Violators of the code face administrative fines, imprisonment, and confiscation of fishing gear and catch.

  • The code prohibits the exploitation and exportation of corals, and damage to coral reefs.

  • Violators of the coral ban face administrative fines and forfeiture of corals, and imprisonment and fines upon conviction.

  • The code also bans destructive fishing methods, including "muro-ami" and other gears that harm marine habitats.

  • Violators of the destructive fishing ban face administrative fines and confiscation of catch and gear, and imprisonment and fines upon conviction.

  • Conversion of mangroves into fishponds or other purposes is also prohibited, with penalties including fines and rehabilitation or restoration of damaged areas.

  • Fishing during closed season is illegal, with penalties including confiscation of catch and gear and administrative fines.

  • Fishing in marine protected areas, fishery reserves, and sanctuaries is also prohibited, with penalties including confiscation of catch and gear and administrative fines or imprisonment upon conviction.

  • The capture of rare, threatened, or endangered species is unlawful, with penalties including fines, forfeiture of species, and imprisonment upon conviction.

  • Exportation of breeders, spawners, eggs, or fry is prohibited, with penalties including fines, confiscation of species, and imprisonment upon conviction.

  • Importation or exportation of fish or fishery species in violation of the code is unlawful, with penalties including fines, forfeiture or destruction of species, and imprisonment upon conviction.Penalties for Violations of Fisheries Code

  • The Fisheries Code imposes penalties for various violations, including illegal fishing, aquatic pollution, and noncompliance with safety standards.

  • Administrative liability for violations can result in fines, confiscation of catch and fishing gear, and revocation of licenses or permits.

  • Criminal liability for violations can result in imprisonment and fines twice the amount of the administrative fine.

  • Violations of aquatic pollution laws can result in fines of P300,000 to P500,000 and additional fines of P15,000 per day until the violation is resolved.

  • Failure to comply with safety standards can result in fines of P100,000 and impoundment of the vessel until compliance is achieved.

  • Failure to submit yearly reports on fishponds, fish cages, and fish pens can result in fines of P5,000 per unreported hectare and cancellation of permits or licenses.

  • Gathering, selling, or exporting sexually mature shellfish or aquatic species below minimum size can result in fines of P50,000 or the value of the species, whichever is higher, and confiscation of the same.

  • Obstruction to navigation or migration paths of migratory species can result in fines up to P500,000 and dismantling of obstructions.

  • Noncompliance with good aquaculture practices can result in fines of P10,000 to P100,000 per day until compliance is achieved.

  • Employing unlicensed fisherfolk, fishworkers, or crew can result in fines up to P40,000 and suspension or revocation of licenses or permits.

  • Noncompliance with vessel monitoring measures can result in fines up to P500,000, confiscation of catch, and suspension or revocation of licenses or permits.

  • Using unlicensed fishing gear can result in fines of P200,000 to P500,000 per gear, while falsifying or tampering with vessel markings or identity can result in fines up to P500,000 and suspension or cancellation of licenses or permits.

Test your knowledge on Republic Act No. 10654, the Philippine Fisheries Code, and the penalties for violations of fishing regulations in the Philippines. This quiz covers the key provisions of the Code, including measures to prevent illegal, unreported, and unregulated fishing, the establishment of monitoring and surveillance systems, and penalties for various violations. Test your understanding of the regulations governing fishing practices, aquatic pollution, and safety standards, and find out if you're up to date with the penalties for noncompliance

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