RA-10654_New Offenses_for exma.pptx

NEW OFFENSES PROHIBITION SECTION 87ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES It shall be unlawful for any person to exploit, occupy, produce, breed or culture fish, fry, or fingerlings of any fishery species or fishery products or construct and operate fish corrals, fish traps, fish pens, and...

NEW OFFENSES PROHIBITION SECTION 87ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES It shall be unlawful for any person to exploit, occupy, produce, breed or culture fish, fry, or fingerlings of any fishery species or fishery products or construct and operate fish corrals, fish traps, fish pens, and fish cages, or fishponds without a license, lease or permit. PENALTIES 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 Sec. 38 Reportorial Requirements •Each commercial fishing vessel shall keep a daily record of fish It shall be unlawful for any catch and spoilage (logbook), landing points, and quantity and person to engage in value of fish caught and offunreported fishing loaded for trans-shipment, sale, or fail to comply with the and other disposal. Detailed reportorial requirements information shall be duly in section 38 of RA 10654. certified by the vessel’s captain and transmitted to BFAR. UNREPORTED FISHING  2 Types of Unreported Fishing: 1. within waters of national jurisdiction 2. in waters beyond national jurisdiction PROHIBITION PENALTIES SECTION 90. UNREGULATED FISHING Fishing activities conducted by: 1.Vessels without nationality but operated by Filipino and/or Filipino corporation (unregistered); 2.Philippine-flagged fishing vessels operating in areas managed by the RFMOs to which the Philippines is not a party to ; 3. Philippine flagged fishing vessels operating in areas or fish stocks where there are no applicable conservation and management measures. Administrative liability: •Persons liability – owner, operator of the cfv or municipal fv, and 3 highest officers of the cfv. •Confiscation of catch and gear •Fine – equivalent to the value of the catch or amount indicated below, whichever is higher: SEC. 106. Violation of Harvest Control Rules PROHIBITIONS Sec. 116 NON COMPLIANCE WITH FISHERIES OBSERVER COVERAGE Sec. 117 NON COMPLIANCE WITH PORT STATE MEASURES Sec. 118 FAILURE TO COMPLY WITH RULES AND REGULATIONS ON CONSERVATION AND MANAGEMENT MEASURES 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 tamper with, 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 1. All licensed Philippine flagged commercial catcher and carrier vessels operating outside Philippine waters shall be installed with a two-way ALC. 2. 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 PROHIBITION Sec. 121 USE OF UNLICENSED GEAR It shall be unlawful for any person to use a fishing gear or method for commercial fishing without license . PENALTIES Administrative liability: •Fine – Php 200,000.00 to Php 500,000.00 per gear depending on the seriousness of the violation Criminal liability: •Fine – Php 400,000.00 to Php 1M depending on the seriousness of the violation PROHIBITION Sec. 122 FALSIFYING, CONCEALING, OR TAMPERING WITH VESSEL MARKINGS, IDENTITY OR REGISTRATION It shall be unlawful for any person to falsify , conceal vessel identity, or lack of registration or tamper with the vessel markings, identity or registration. PENALTIES Administration liability: •Confiscation of catch •Suspension or cancellation of license •Fine of : 1.Php 10,000.00 for municipal fishing or community service in lieu of fine. 2.Php 100,000.00 for small scale commercial fishing 3. Php 1M for medium scale commercial fishing 4. Php 5M for large scale commercial fishing PENALTIES In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount indicated above. Criminal liability: •Imprisonment – 2 years to 6 years •Fine – twice the amount of the administrative fine •Suspension or cancellation of the license PROHIBITIONS Sec. 123 CONCEALING, TAMPERING OR DISPOSING OF EVIDENCE RELATING TO AN INVESTIGATION OF A VIOLATION Sec. 124 NON COMPLIANCE WITH THE REQUIREMENTS FOR THE INTRODUCTION OF FOREIGN OR EXOTIC AQUATIC SPECIES Sec. 125 FAILURE TO COMPLY WITH STANDARDS AND TRADERELATED MEASURES PROHIBITION Sec. 126 POSSESSING, DEALING IN OR DISPOSING ILLEGALLY CAUGHT OR TAKEN FISH PENALTIES Administrative liability: •Fine – Php 50,000.00 to Php 200,000.00 or 5 times the value of fish or species, whichever is higher It shall be unlawful to ship, commercially transport, offer for sale, sell, import, export, or have custody or control , or possession of , or deal in or in any manner dispose •Confiscation of the fish or species of any fish or species caught or taken in violation of the fishery laws PENALTIES Criminal liability: •Imprisonment – 6 months to 2 years •Fine – 8 times the value of the species or from Php 100,000.00 to Php 500,000.00, whichever is higher •Confiscation of fish or fishery products •Suspension or revocation of registration or license PROHIBITIONS Sec. 127 Unauthorized Disclosure of Sensitive Technical Information PENALTIES Criminal liability: •Imprisonment – 6 mos. And 1 day to six years * Removal from office * Forfeiture of all retirement benefits, when applicable SEC. 127. Unauthorized Disclosure of Sensitive Technical Information •The following provided, disclosure: instances are authorized disclosure, the affected party is informed of such 1. When officially requested by a government agency to be used as evidence for the prosecution of fishery or other offenses; 2. 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. AMENDED OFFENSES