Philippine Fisheries Code Overview
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Questions and Answers

The Philippine waters include only lakes and rivers.

False (B)

The Philippines has a 200-nautical mile Exclusive Economic Zone (EEZ).

True (A)

All aquatic and fishery resources, whether inland or offshore, fall under the provisions of the Philippine Fisheries Code.

True (A)

Aquaculture activities are excluded from the enforcement provisions of the Fisheries Code.

<p>False (B)</p> Signup and view all the answers

The State's objective is to eliminate fishing altogether to preserve aquatic resources.

<p>False (B)</p> Signup and view all the answers

Unauthorized fishing is lawful if the person has an appropriate fishing gear.

<p>False (B)</p> Signup and view all the answers

The definition of Philippine waters includes waters that may be created in the future.

<p>True (A)</p> Signup and view all the answers

It is unlawful for any commercial fishing vessel to fish in municipal waters.

<p>True (A)</p> Signup and view all the answers

The continental shelf is not considered part of the Philippine waters.

<p>False (B)</p> Signup and view all the answers

A person can capture fish in high seas without any fishing permit from the Department.

<p>False (B)</p> Signup and view all the answers

The enforcement of the Fisheries Code applies only to national waters and does not extend to local levels such as barangays.

<p>False (B)</p> Signup and view all the answers

A prima facie presumption of unauthorized fishing can be established by discovering a person with a fishing vessel in prohibited waters.

<p>True (A)</p> Signup and view all the answers

All fishing activities require a license or permit, except for a few specified cases.

<p>True (A)</p> Signup and view all the answers

Fishing for daily consumption does not require a fishing permit.

<p>False (B)</p> Signup and view all the answers

Utilizing offshore and deep-sea resources is optional for Philippine flagged fishing vessels.

<p>True (A)</p> Signup and view all the answers

The law prohibits the construction and operation of commercial fishing units without a license.

<p>True (A)</p> Signup and view all the answers

Fishing without a valid license is not considered a serious violation.

<p>False (B)</p> Signup and view all the answers

Impoundment of fishing vessels is listed as a possible consequence for serious violations.

<p>True (A)</p> Signup and view all the answers

Falsifying vessel markings can lead to a permanent ban from fishing.

<p>False (B)</p> Signup and view all the answers

Assaulting or intimidating fishing inspectors is categorized under serious violations.

<p>True (A)</p> Signup and view all the answers

The maximum increase in fines for repeated violations is eight times the catch value.

<p>True (A)</p> Signup and view all the answers

Fishing in closed areas is not considered a serious violation.

<p>False (B)</p> Signup and view all the answers

The Department may impound gear used in the commission of the offense during the legal proceedings.

<p>True (A)</p> Signup and view all the answers

The Sea Lion Fishing Corporation pursued the correct legal remedy in response to violations.

<p>False (B)</p> Signup and view all the answers

Mangrove forests consist solely of typical mangrove trees.

<p>False (B)</p> Signup and view all the answers

Cutting any tree in a mangrove forest does not constitute conversion under the law.

<p>False (B)</p> Signup and view all the answers

A tax declaration issued in good faith allows for the continued possession of mangrove lands.

<p>False (B)</p> Signup and view all the answers

The Supreme Court emphasized the importance of compliance with environmental laws.

<p>True (A)</p> Signup and view all the answers

The Polluter Pays Principle means that the government must cover the costs of pollution remediation.

<p>False (B)</p> Signup and view all the answers

The Philippine Clean Air Act recognizes the necessity for public authorities to manage pollution costs.

<p>True (A)</p> Signup and view all the answers

Conversion of mangrove forests is legally acceptable if the landowner provides proper documentation.

<p>False (B)</p> Signup and view all the answers

Environmental laws must be followed irrespective of the ownership status of the land.

<p>True (A)</p> Signup and view all the answers

Emissions trading is prohibited among pollution sources within an airshed.

<p>False (B)</p> Signup and view all the answers

The term 'non-attainment areas' refers to regions where specific pollutants have already exceeded ambient air quality standards.

<p>True (A)</p> Signup and view all the answers

The ban on incineration applies to the burning of all types of waste without exceptions.

<p>False (B)</p> Signup and view all the answers

Existing incinerators dealing with biomedical wastes must cease operations within three years after the effectivity of the Act.

<p>True (A)</p> Signup and view all the answers

The designation of airsheds focuses solely on the climatic conditions of an area.

<p>False (B)</p> Signup and view all the answers

The definition of 'Emission' includes any air contaminant or unwanted gas stream.

<p>True (A)</p> Signup and view all the answers

Alternative fuels only include solar panels and do not encompass water as a fuel source.

<p>False (B)</p> Signup and view all the answers

The court recognized the petitioners' standing in the Henares vs. LTFRB case due to their public interest in clean air.

<p>True (A)</p> Signup and view all the answers

Owners of industrial operations are mandated to comply with air quality standards.

<p>True (A)</p> Signup and view all the answers

The Department does not coordinate with other government agencies during the management of air quality.

<p>False (B)</p> Signup and view all the answers

Incineration is allowed for burning municipal wastes in all circumstances.

<p>False (B)</p> Signup and view all the answers

Emission reduction benefits are not considered when evaluating alternative fuels and processes.

<p>False (B)</p> Signup and view all the answers

The process of incineration emits harmless vapors.

<p>False (B)</p> Signup and view all the answers

A common action plan is to be formulated for each airshed to ensure effective air quality management.

<p>True (A)</p> Signup and view all the answers

The certificate of emission has a validity period.

<p>False (B)</p> Signup and view all the answers

To protect public health, it is permissible to exceed safe concentrations of pollutants in the breathing zone.

<p>False (B)</p> Signup and view all the answers

Flashcards

200-nautical mile EEZ

The area of sea around the Philippines where the country has special rights for economic activities.

Philippine waters

All bodies of water within Philippine territory, including seas, lakes, rivers, etc.

Philippine Fisheries Code

A law in the Philippines that manages and protects its fisheries and aquatic resources.

Coastal fishing areas

Fishing areas located near the coast of the Philippines.

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Aquaculture

Farming of fish and other aquatic organisms.

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Fishery sector objectives

Goals for the fishery sector, including conservation and sustained management.

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Conservation

Protecting and preserving fish and their environment.

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Sustained Management

Managing fish resources in a way that ensures their availability for future generations.

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Unauthorized Fishing

It's illegal to fish without a license or permit from the Department or Local Government Unit (LGU).

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Fishing in Municipal Waters

Commercial fishing vessels are banned from municipal waters unless specified by the Code.

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Fishing Gear Possession Without Permit

Being found with fishing gear in an area without a permit suggests unauthorized activity.

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Distant Water Fishing Without Permit

Fishing in international waters (high seas, EEZs) by Philippine flagged vessels requires a permit from the Philippines and approval from the coastal nation.

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Unreported Fishing

Fishing activity must be reported if done in the high seas, territorial seas, or Exclusive Economic Zones (EEZs) of other states using a Philippine flagged fishing vessel.

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Fishing Permit

A document allowing fishing in specific waters.

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High Seas

International waters beyond territorial limits.

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Exclusive Economic Zone (EEZ)

Area of the sea where a coastal state has the rights to explore, exploit, conserve and manage natural resources.

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Serious Violations

Acts that severely breach Philippine fishing regulations and result in harsh penalties, including license revocation, vessel impoundment, and increased fines.

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What are some examples of serious violations?

Examples include: fishing without a license, fishing in closed areas, using prohibited gear, falsifying catch reports, assaulting fishery officers, and repeatedly violating regulations.

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What happens if you commit a serious violation?

Possible consequences include: confiscation of gear, vessel impoundment, license suspension or revocation, bans on tax rebates, inclusion in the IUU vessel list, denial of port services, and blacklisting.

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What is IUU fishing?

IUU fishing stands for illegal, unreported, and unregulated fishing, meaning fishing activities that violate international or national laws.

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How are IUU vessels handled?

Vessels involved in IUU fishing can be included in a list, making them subject to stricter scrutiny and potential sanctions by authorities.

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What is the role of the Department in addressing violations?

The Department is responsible for issuing penalties and overseeing the enforcement of fishing regulations. They can impound vessels and gear during investigations.

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What is the maximum fine for repeated violations?

For repeat offenders within 5 years, fines can be up to eight (8) times the value of the catch, highlighting the seriousness of repeated offenses.

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Mangrove Forests

A community of intertidal plants, including mangrove trees, that thrive in salty, coastal areas. They are crucial for coastal protection, biodiversity, and fisheries.

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Mangrove Conversion

Altering the natural structure and form of a mangrove forest, which is considered illegal under Philippine law.

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What remedy did the Sea Lion Fishing Corporation pursue?

The Sea Lion Fishing Corporation wrongly chose to file a Petition for Certiorari under Rule 65 of the Rules of Court before the Court of Appeals (CA).

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What does the Court say about trees in mangrove forests?

The Court ruled that cutting any tree in a mangrove forest, regardless of its species, constitutes conversion, thus illegal.

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Does a tax declaration justify possession of a mangrove area?

No, the issuance of a tax declaration does not justify continued possession of a mangrove area.

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Polluter Pays Principle

This principle states that those who pollute the environment are responsible for the costs of cleaning up and restoring the damage they caused.

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What is the objective of the Polluter Pays Principle?

To ensure that the costs of pollution are borne by the polluters themselves, rather than by the government or society as a whole.

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Philippine Clean Air Act

A law in the Philippines aimed at protecting and improving air quality by regulating air pollution sources.

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Coverage of the Clean Air Act

The Clean Air Act applies to all sources of air pollution, including industrial plants, vehicles, and even household activities.

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Ambient Air Quality Standard

The maximum allowable concentration of an air pollutant in the breathing zone to protect public health and welfare.

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Non-Attainment Area

A geographical region where specific air pollutants have already exceeded the ambient air quality standards.

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What are alternative fuels?

Fuels that replace conventional fuels and reduce emissions, like solar and water power.

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What is the purpose of designating airsheds?

To identify areas with similar climate, meteorology, and topology for effective air quality management.

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What is the goal of an air quality management program?

To prevent or reduce air pollution and protect public health.

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What steps are taken in non-attainment areas to improve air quality?

A program is implemented to prevent new sources of air pollution and reduce existing ones.

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What is the role of local government units (LGUs) in air quality management?

LGUs work with other agencies to prevent air pollution, including relocation of polluting industries.

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How is a common action plan formulated in an airshed?

Collaboration and coordination between various stakeholders, including government agencies and LGUs, are necessary.

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Certificate of Emission

A certificate issued by the DOTC or its authorized emission testing center(s) for a vehicle apprehended during roadside inspection, certifying that the vehicle meets emission requirements. It has no validity period.

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Emissions Trading

Allows pollution sources within an airshed to trade emission allowances, enabling a more efficient way to reduce overall pollution.

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Ban on Incineration

Prohibits the burning of municipal, biomedical, and hazardous waste, aiming to reduce air pollution.

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Incineration Exception: Traditional Practices

The ban on incineration doesn't apply to traditional small-scale methods like Siga for community sanitation, agricultural, cultural, health, and food preparation purposes.

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Incineration Exception: Crematoria

The ban doesn't apply to crematoria, which are specifically designed for the respectful disposal of deceased individuals.

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Incineration Exception: Existing Biomedical Incinerators

Existing incinerators dealing with biomedical waste must be phased out within three years after the law's implementation.

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Incineration Exception: Pathological and Infectious Waste

In the interim, existing biomedical incinerators can only burn pathological and infectious waste, while other types are prohibited.

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Henares vs. LTFRB

A landmark case that recognized the legal standing of citizens to sue for the right to clean air, highlighting the public interest and potential impact on well-being.

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Study Notes

Philippine Fisheries Code (Republic Act No. 8550)

  • The code covers all Philippine waters, including the Exclusive Economic Zone (EEZ) and continental shelf.
  • It applies to all aquatic and fishery resources, including inland, coastal, and offshore fishing areas.
  • The code encompasses fishponds, fish pens, cages, and lands used for aquaculture.
  • It governs all Philippine-flagged fishing vessels operating in areas managed by Regional Fisheries Management Organizations (RFMOs).
  • Fishery operations are subjected to regulations and licensing requirements.

Philippine Waters (Definition)

  • Includes all bodies of water within Philippine territory (lakes, rivers, creeks, ponds, etc.).
  • Also encompasses waters around and between islands.
  • Covers the territorial sea, seabeds, the insular shelves and waters under Philippine sovereignty and jurisdiction.
  • The 200-nautical mile EEZ and continental shelf are included.

Objectives of the Fishery Sector

  • Conservation, protection, and management of fisheries and aquatic resources.
  • Poverty alleviation and improvement of livelihoods for municipal fisherfolk.
  • Enhancement of aquaculture productivity within ecological limits.

Unauthorized Fishing

  • Illegal to capture fish, fry, or fingerlings without a license or permit from appropriate authorities.
  • Exceptions exist for daily food sustenance or recreational fishing.
  • Commercial fishing vessels are prohibited from fishing in municipal waters, unless permitted.
  • Possession of fishing gear or operating a fishing vessel without a license constitutes prima facie evidence of unauthorized fishing.

Unreported Fishing

  • Unlawful to engage in fishing without complying with reportorial requirements.

Illegal Use of Superlights or Fishing Light Attractor

  • Prohibited to use superlights or high-intensity fishing light attractors in municipal waters, or in violation of rules set by authorities.

Ban on Coral Exploitation and Exportation

  • Prohibits gathering, possessing, commercially transporting, selling, or exporting ordinary, semi-precious, and precious corals (raw or processed).
  • Exceptions exist for scientific research.
  • Offenders are liable to pay compensation for restoration of damaged coral reefs.

Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs

  • Unlawful to fish using methods harmful to coral reefs, seagrass beds, and other marine life habitats.
  • Certain fishing methods, such as those that involve diving or other physical actions to entrap fish, are specifically prohibited.

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Description

This quiz covers the key aspects of the Philippine Fisheries Code (Republic Act No. 8550), including regulations on aquatic and fishery resources, licensing, and the definition of Philippine waters. It is essential for understanding the management of fishing activities within the Philippines' jurisdiction.

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