30 Questions
What is the effectivity date of RA 8550 (The Philippine Fisheries Code of 1998) as amended by R.A. No. 10654?
March 24, 2015
What does IUU fishing stand for?
Illegal, Unreported, and Unregulated fishing
What is one of the commitments of the National Plan Of Action (NPOA) established by the Philippines?
To review/revise RA 8550 (The Philippine Fisheries Code of 1998)
What does unreported fishing cover according to the text?
Fishing activities not reported or misreported
What does unregulated fishing refer to according to the text?
Fishing activities in areas under fishery management organization by fishing vessels without nationality
What is one of the illegal fishing activities conducted in violation of Philippine Laws as per Section 129?
Failure to secure fishing permit prior to engaging in distant water fishing
What are the potential penalties for engaging in unauthorized fisheries activities?
Fines and imprisonment
What are the consequences of unreported fishing in waters within and beyond national jurisdiction?
Fines, imprisonment, and confiscation of catch and gear
What are the offenses related to constructing, importing, or converting fishing vessels or gears without a permit from the Department of Agriculture?
Criminal liabilities and fines
What are the penalties for failure to secure fishing permit prior to engaging in distant water fishing?
Confiscation of catch and gear
What are the potential consequences of non-compliance with foreign or exotic aquatic species introduction?
Fines and confiscation of catch and gear
What are the reportorial requirements for commercial fishing vessels and penalties for unreported fishing?
Fines and community service
Who is included in the composition of the Adjudication Committee for imposing administrative fines and penalties?
DA-BFAR Director as Chairperson and 4 other members designated by the Secretary
Under what conditions are additional sanctions for serious violations imposed?
When serious violations include fishing without a valid license, misreporting catch, fishing in closed areas, and using prohibited gear
What is the purpose of the Escalation Clause for fines imposed by the Fisheries Adjudication Committee?
To counter inflation and maintain deterrent function
What authority does the Bureau of Fisheries and Aquatic Resources (BFAR) have in initiating criminal prosecution of offenses?
BFAR has the authority to initiate criminal prosecution of offenses regardless of location
What are the potential additional administrative sanctions for serious violations, apart from fines up to 5X the value of the catch?
Inclusion in IUU fishing vessel list, denial of port services, blacklisting
What may be imposed for repeated violations within 5 years?
Fine may be increased up to 8X the value of the catch
What is the purpose of the Fisheries National Administrative Register?
To publicly document decisions, resolutions, or orders involving serious violations of the Fisheries Code.
What is the source of funding for the Fisheries Management Fund?
Administrative fines, penalties, proceeds from the sale of forfeited fishing equipment and vessels, and contributions.
What happens to 50% of fines, penalties, and proceeds from the Fisheries Management Fund?
They are allocated to the area where the violation was committed.
What are some of the unauthorized fishing activities and violations listed in the Fisheries Code?
Poaching, using destructive fishing methods, and fishing in marine protected areas.
What penalties are emphasized in the Fisheries Code for violations?
Community service such as coastal clean-up operations and information campaigns.
What is the required action before filing a suit under the Fisheries Code?
Give a 15-day notice to the public officer and alleged offender, and ensure no appropriate action has been taken.
What are the penalties for unregulated fishing beyond national jurisdiction?
Confiscation of catch and gear, with a fine of 5 times the value of the catch or specific amounts based on the scale of the fishing vessel.
What is the criminal liability for unregulated fishing?
Imprisonment of 6 months and a fine twice the amount of the administrative fine, with confiscation of catch and gear.
What is prohibited in relation to vessel monitoring measures?
Noncompliance with vessel monitoring measures is prohibited, with specific requirements for vessels operating within Philippine waters and a schedule for implementation based on vessel tonnage.
What is the penalty for unauthorized disclosure of sensitive technical information?
Criminal liability including imprisonment and removal from office.
What may the Department issue in consultation with relevant bodies, with fines based on the severity of the violation, volume and value of the fisheries product, and the habituality of the offender?
Fishery administrative orders or regulations
What do persons who violate administrative orders or regulations may face?
Administrative fines based on the severity of the violation, volume and value of the fisheries product, and the habituality of the offender.
Study Notes
Penalties for Unregulated Fishing Beyond National Jurisdiction
- Persons liable for unregulated fishing: owner, operator, and the 3 highest officers of the fishing vessel.
- Administrative penalty for unregulated fishing: confiscation of catch and gear, with a fine of 5 times the value of the catch or specific amounts based on the scale of the fishing vessel.
- Criminal liability for unregulated fishing: imprisonment of 6 months and a fine twice the amount of the administrative fine, with confiscation of catch and gear.
- Prohibitions include violation of harvest control rules, non-compliance with fisheries observer coverage, non-compliance with port state measures, and failure to comply with conservation and management measures.
- Noncompliance with vessel monitoring measures is prohibited, with specific requirements for vessels operating within Philippine waters and a schedule for implementation based on vessel tonnage.
- Use of unlicensed gear for commercial fishing is unlawful, with administrative fines and criminal liability based on the seriousness of the violation.
- Falsifying, concealing, or tampering with vessel markings, identity, or registration is prohibited, with varying administrative fines and criminal liability based on the scale of commercial fishing.
- Prohibitions also cover concealing, tampering, or disposing of evidence relating to an investigation, non-compliance with requirements for the introduction of foreign or exotic aquatic species, failure to comply with standards and trade-related measures, and possessing, dealing in, or disposing of illegally caught or taken fish.
- Unauthorized disclosure of sensitive technical information is prohibited, with criminal liability including imprisonment and removal from office.
- Authorized disclosure of sensitive technical information is allowed in specific instances, such as for government agency requests and investigations by flag, coastal, or port states.
- The Department, in consultation with relevant bodies, may issue fishery administrative orders or regulations, with administrative fines based on the socioeconomic impact, seriousness of the violation, and damage to the environment.
- Persons who violate administrative orders or regulations may face administrative fines based on the severity of the violation, volume and value of the fisheries product, and the habituality of the offender.
Test your knowledge of the penalties and prohibitions for unregulated fishing beyond national jurisdiction with this quiz. Explore the liabilities for owners, operators, and officers of fishing vessels, as well as the administrative and criminal penalties for various violations. Understand the specific prohibitions and requirements, including vessel monitoring measures and unauthorized disclosure of sensitive technical information.
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