Philippine Fisheries Jurisdiction & Enforcement

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What does RFMO stand for?

Regional Fisheries Management Organization (correct)

Resource Fisheries Management Organization

Regional Fishing Management Organization

Regulatory Fisheries Management Organization

Which agency is primarily responsible for the management and conservation of fisheries in the Philippines?

Philippine Coast Guard

Department of Local Government

Department of Agriculture-Bureau of Fisheries & Aquatic Resources (correct)

Department of Environment and Natural Resources

In the enforcement of fishery laws, who among the following is NOT authorized?

Members of fisherfolk associations without training (correct)

Law enforcement officers of local government units

Philippine National Police

Philippine Navy

Which waters fall under the jurisdiction of the DA-BFAR?

High seas, waters under RFMO, and coastal state waters Signup and view all the answers

Who can enforce the fishery laws and regulations as designated deputies?

Competent government officials who have undergone training Signup and view all the answers

What types of fishing stocks are RFMOs concerned with managing?

Highly migratory fish stocks and straddling stocks Signup and view all the answers

Which of the following is NOT a function of the DA-BFAR?

Enforcement of international fishing treaties Signup and view all the answers

Local Government Units (LGUs) coordinate with DA-BFAR primarily for which purpose?

Development and management of fisheries resources Signup and view all the answers

What must a person obtain before fishing in high seas or other specified areas using a Philippine flagged fishing vessel?

A fishing permit from the Department Signup and view all the answers

Who is unlawful to fish if they do not have the appropriate permit?

Anyone aboard the fishing vessel Signup and view all the answers

What constitutes a prima facie presumption of violation regarding fishing permits?

Possession of fishing gear without a fishing permit Signup and view all the answers

What must a company do if it obtains a fishing permit from a coastal state?

Submit a copy of the permit to DA-BFAR Signup and view all the answers

What happens if the grantee fails to comply with the demands of DA-BFAR?

They might face an administrative action in accordance with the law Signup and view all the answers

Who among the following is specifically mentioned as unlawful if permits are not secured?

The vessel owner and operator, including the three highest officers Signup and view all the answers

What is the penalty for fishing without a permit in specified areas?

Fine and dismantling of structures Signup and view all the answers

Which of the following is NOT a consequence of failing to secure a fishing permit?

Issuance of a fishing community charter Signup and view all the answers

What may lead to a presumption of connivance or conspiracy between the shipper and the shipping company?

If the shipping company fails to cooperate in the investigation Signup and view all the answers

What constitutes a prima facie presumption of poaching for a foreign fishing vessel (FFV) in Philippine waters?

The vessel has not communicated with local authorities. Signup and view all the answers

What is required from a shipping or forwarding company to be considered as cooperating in an investigation?

Submission of specific transaction documents within five days Signup and view all the answers

Which of the following scenarios does NOT constitute poaching under the outlined conditions?

The FFV displays a national flag while navigating. Signup and view all the answers

What is prohibited for export according to the regulations?

Viable or live eggs intended for breeding Signup and view all the answers

What type of fine may apply to those not following guidelines for catching sabalo?

Forfeiture of catch and gear Signup and view all the answers

When can an FFV enter Philippine waters without risking the presumption of poaching?

When prior clearance from the DFA is secured. Signup and view all the answers

Which document is NOT listed as required from a shipping or forwarding company?

Record of past shipments Signup and view all the answers

What indication can lead to the presumption of poaching if an FFV is found lying-to or anchoring?

If it anchors without valid reasons. Signup and view all the answers

What could be the consequence of unauthorized exportation of breeders, spawn, or fry?

Investigation into shipping practices Signup and view all the answers

What should an FFV do to exercise its right of innocent passage in Philippine waters?

Secure entry clearance and notify the appropriate authorities. Signup and view all the answers

What authority determines the specifications for breeders, spawners, and egg exports?

The Department in charge Signup and view all the answers

What action by an FFV can lead to the conclusion that it is engaged in poaching?

Being inspected and found with freshly caught marine life. Signup and view all the answers

What happens if a company does not provide the written undertaking during an investigation?

They may face stricter fines Signup and view all the answers

Which of the following is NOT a condition for prima facie presumption of poaching?

Anchoring in distress. Signup and view all the answers

How can a foreign fishing vessel (FFV) possibly defend itself against a poaching presumption?

By demonstrating operational paperwork. Signup and view all the answers

Which mesh size is specified for ring nets, purse seines for sardines, mackerels, and scads?

1.9 centimeters Signup and view all the answers

What is the administrative liability for a small-scale operator if caught using fine mesh nets?

P50K Signup and view all the answers

What is the administrative penalty for a municipal fisherfolk caught in overexploited fishery management areas?

P20K or community service Signup and view all the answers

For a captain or master convicted of fishing in overexploited fishery management areas, what is one potential criminal penalty?

Fine of 2x the administrative fine Signup and view all the answers

What must operators ensure regarding juvenile fish when using specific mesh nets?

No juvenile fish can be caught Signup and view all the answers

What is the imprisonment term for the captain of a vessel if caught using fine mesh nets?

6 years Signup and view all the answers

What role do the DA-NFRDI and DA-BFAR play in managing overexploited fishery areas?

Conducting resource assessments Signup and view all the answers

What is one consequence for a person caught fishing in overexploited fishery management areas?

Confiscation of catch and gear Signup and view all the answers

Study Notes

Fishing Vessel Jurisdiction

The Department of Agriculture-Bureau of Fisheries & Aquatic Resources (DA-BFAR) has jurisdiction over all Philippine-flagged fishing vessels operating in areas governed by a Regional Fisheries Management Organization (RFMO), in the high seas, or in waters of other coastal states.
In municipal waters, the DA-BFAR may coordinate with Local Government Units (LGU’s), FARMC’s, IFARMC’s, and other government agencies to manage fisheries and aquatic resources.

Enforcement of Fishing Laws

The following are authorized to enforce the Philippine Fisheries Code and other fishery laws:
- Department of Agriculture law enforcement officers.
- Philippine Navy.
- Philippine Coast Guard.
- Philippine National Police (PNP).
- PNP-Maritime Command.
- Law enforcement officers of LGUs.
- Other government enforcement agencies.
The Department may designate competent government officials, employees, punong barangays, and officers & members of fisherfolk associations (after training) as deputy fish wardens to enforce the Fisheries Code.

Penalties for Violations

Section 88: Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing
- It is unlawful for any person 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 DA-BFAR and authorization from the coastal state.
- It is unlawful for the owner or operator, and the 3 highest officers of a commercial fishing vessel, to commit acts that violate the terms of their fishing permit or regulations.
- Any person found in possession of fishing gear or operating a fishing vessel in these areas without a fishing permit is presumed to be in violation.
- Fishing vessels that obtain licenses/permits to fish in the waters of another country must submit a copy of the license to the DA-BFAR within 30 days of receiving it.
- Failing to explain non-compliance with this requirement within 30 days can result in administrative action.
Section 91: Poaching in PH Waters
- The entry of any foreign fishing vessel (FFV) in Philippine waters constitutes a prima facie presumption of poaching, under the following circumstances:
  - Navigating with fishing gear deployed or not stowed.
  - Navigating with an irregular track or route.
  - Navigating through Philippine territorial waters without prior notice, clearance, or permission from the appropriate Philippine authority.
  - Navigating in a manner that does not qualify as innocent passage or outside traditional routes or identified fishing grounds.
  - Navigating without flying its national flag.
  - Lying-to or anchoring within Philippine waters without valid reasons or circumstances indicating force majeure, distress, or rendering assistance.
  - Lying-to, anchoring, or anchoring near to known fishing grounds or marine protected areas.
  - Being found to contain freshly caught fish, corals, or mollusks on deck or in storage after inspection.
- Exceptions to these presumptions:
  - Exercise of right of innocent passage by an FFV, provided that the FFV has secured entry clearance and notified relevant Philippine authorities.
  - Using specific fishing gear (ring nets, purse seines for sardines, mackerels and scads, and bagnets with a specific mesh size) to catch sardines, mackerels and scads, provided measures are taken to ensure no juveniles are caught.
Section 93: Use of Fine Mesh Net
- Owners, operators, captains, and municipal fisherfolk are liable for using fine mesh nets.
- Penalties for using fine mesh nets include:
  - Confiscation of catch and fishing gear.
  - Fines ranging from P20,000 to P200,000 depending on the scale of fishing operation.
  - Possible community service for municipal fisherfolk.
  - Imprisonment for captains/masters and fishermen.
Section 94: Fishing in Overexploited Fishery Management Areas
- It is unlawful to fish in declared overexploited fishery management areas.
- DA-NFRDI and DA-BFAR are responsible for conducting resource assessments to identify and declare overexploited fishery management areas.
- Penalties:
  - Confiscation of catch and gear.
  - Fines up to P500,000.
  - Imprisonment up to 8 years.
- Suspensions or revocations of licenses are other possible penalties for catching sabalo and other breeders/spawners.
Section 104: Exportation of Breeders, Spawners, Eggs or Fry
- Exportation of hatchery-bred or captive-bred breeders, spawners, eggs, or fry is subject to regulations.
- Exportation of viable or live eggs or fry intended for breeding, propagation, or culture purposes is prohibited.
- A presumption of collusion arises between the shipper and shipping/forwarding company if they fail to fully cooperate in investigations involving the discovery or seizure of breeders, spawners, eggs, or fry.
- The shipping/forwarding company is considered fully cooperative if specific documents are submitted within five (5) days of a DA-BFAR request.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the jurisdiction over Philippine-flagged fishing vessels and the enforcement of fishing laws under the Philippine Fisheries Code. It details the roles of various government agencies in managing fisheries and aquatic resources. Test your knowledge on these important regulations and their implications.