RA-10654_New Offenses_for exma.docx

PROHIBITION Sec. 88 FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN *DISTANT WATER FISHING 1. It shall be unlawful for any person to fish in the high seas, in the territorial seas, archipelagic waters and Exclusive Economic Zone of other states using a Philippine flagged fishing vesse...

PROHIBITION Sec. 88 FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN *DISTANT WATER FISHING 1. It shall be unlawful for any person to fish in the high seas, in the territorial seas, archipelagic waters and Exclusive Economic Zone of other states using a Philippine flagged fishing vessel without first securing a fishing permit from the DA and authorization from the coastal state. * Distant water fishing- means fishing in the high seas or in waters of other states. PROHIBITION Sec. 89 UNREPORTED FISHING It shall be unlawful for any person to engage in unreported fishing or fail to comply with the reportorial requirements in section 38 of RA 10654. Sec. 38 Reportorial Requirements •Each commercial fishing vessel shall keep a daily record of fish catch and spoilage (logbook), landing points, and quantity and value of fish caught and offloaded for trans-shipment, sale, and other disposal. Detailed information shall be duly certified by the vessel’s captain and transmitted to BFAR. SEC. 119. Noncompliance with Vessel Monitoring Measures Unlawful for any municipal, commercial or distant water fishing vessel to fish without complying with the vessel monitoring measures promulgated by the Department in coordination with the LGUs. Unlawful to intentionally switch off or disable the vessel monitoring system SEC. 119. Noncompliance with Vessel Monitoring Measures For vessels operating in Philippine waters, only the catcher vessel shall be covered by the VMM requirement Scope of VMM All licensed Philippine flagged commercial catcher and carrier vessels operating outside Philippine waters shall be installed with a two-way ALC. For catcher vessels operating in Philippine waters, the application of VMM shall be determined in consultation with the stakeholders, following the process stated in Rule 65.2. SEC. 119. Noncompliance with Vessel Monitoring Measures Vessel Tonnage Schedule of Implementation from effectivity of IRR Above 200 GT Within 6 months 150 to 200 GT Within 1 year 100 GT to 149 GT Within 2 years 50 to 99 GT Within 3 years 30 to 49 GT Within 4 years SEC. 119. Noncompliance with Vessel Monitoring Measures SEC. 127. Unauthorized Disclosure of Sensitive Technical Information • The following instances are authorized disclosure, provided, the affected party is informed of such disclosure: When officially requested by a government agency to be used as evidence for the prosecution of fishery or other offenses; When requested by the flag, coastal or port state for its own investigation or traceability; and 3. Other analogous circumstances. SEC. 128. Other Violations In addition to the prohibitions in this Code, the Department, in consultation with the LGUs, local FARMCs and NFARMC, shall issue fishery administrative orders or regulations for the conservation, preservation, management and sustainable development of fisheries and aquatic resources. The DA-BFAR shall observe the process stated in Rule 65.2, on the promulgation of new rules and regulations.