RA-10654-revised-ppt.ppt

RA 8550 (THE PHILIPPINE FISHERIES CODE OF 1998) AS AMENDED BY R.A. NO. 10654 Lapsed into law on February 27, 2015 Effectivity Date: March 24, 2015 IRR’s effectivity: October 10, 2015 Why combat IUU fishing? 1. Serious threat to sustainable fishing 2. Damage to marine environment 3. Affects soc...

RA 8550 (THE PHILIPPINE FISHERIES CODE OF 1998) AS AMENDED BY R.A. NO. 10654 Lapsed into law on February 27, 2015 Effectivity Date: March 24, 2015 IRR’s effectivity: October 10, 2015 Why combat IUU fishing? 1. Serious threat to sustainable fishing 2. Damage to marine environment 3. Affects socio-economic conditions -creating unfair competition against legitimate fishers In 2001, the UN’s Food and Agriculture Organization (FAO) thru its Committee on Fisheries urged all States to comply with the International Plan of Action to Prevent, Deter and Eliminate IUU Fishing (IPOAIUU) which it crafted to the address the issue. In December 6, 2013, National Plan Of Action (NPOA) was established by the Philippines thru E.O. 154. one of the commitments is to review/revise RA 8550 (The Philippine Fisheries Code of 1998) IUU Illegal fishing fishing activities conducted in violation of Philippine Laws (such as the Fisheries Code, as amended) as well as laws of other Coastal States (Section 4/55) Unreported fishing covers fishing activities not reported or misreported (Sec. 4/88, Sec. 89) Unregulated fishing fishing activities in areas under fishery management organization by fishing vessels without nationality (Sections 4/87, 90) * Failure to secure fishing permit prior to engaging in distant water fishing (Sec. 88) * Unreported fishing beyond national jurisdiction (Section 89) * Unregulated fishing beyond national jurisdiction SEC. 129. Escalation Clause • The fines prescribed shall be increased by at least 10% every 3 years to compensate for inflation and to maintain the deterrent function of such fines. • The Escalation Clause shall apply if these 2 conditions concur: 1. The Bangko Sentral ng Pilipinas has determined that there has been inflation in the past 3 years; and 2. The existing fines no longer serve as a deterrent as determined by DA-BFAR following the process stated in Rule 65.2. SEC.130.Administrative Adjudication  The Department is empowered to impose the administrative fines and penalties provided in this Code for this purpose an Adjudication Committee shall be organized. • The Adjudication Committee shall be supported by sufficient number of staff to enable it to perform its mandate. • The Committee shall promulgate rules and regulations for the conduct of administrative adjudication and the disposition of confiscated catch, gears, equipment and other paraphernalia. It shall also issue subpoena duces tecum and ad testificandum in administrative cases before it. SEC.130.Administrative Adjudication • Composition of the Adjudication Committee a. Director of DA-BFAR, as Chairperson, and the following 4 other members to be designated by the Secretary: • DA-BFAR Assistant Director for Technical Services; • DA-BFAR Assistant Director for Administrative Services; • Representative of the municipal fisherfolk sector in the NFARMC; and • Representative of the commercial fishing sector in the NFARMC. The NFARMC members representing the municipal fisherfolk sector and commercial fishing sector shall choose their respective representative to the Adjudication Committee. SEC.130.Administrative Adjudication • Support Staff: 1. Secretariat 2. Hearing Officers in the National and Regional Offices The Adjudication Committee shall within 3 months from its first regular meeting promulgate rules of procedure for the conduct of administrative adjudication. * Power to Issue Cease and Desist Order and to Summarily Evict Without the Necessity of Judicial Order (Section 132) * Notice of Violation and Order of Confiscation (Sec. 133) * Prohibition on the Issuance of TROs etc. (Sec. 134) SEC. 135. Accompanying Administrative Sanctions for Serious Violations • The Adjudication Committee may impose the following additional sanctions to the administrative penalties imposed for serious violations: (1) confiscation of fishing gear; (2) impoundment of fishing vessel; (3) temporary suspension or permanent revocation of license or permit; (4) temporary or permanent ban from the availment of applicable duty and tax rebates; SEC. 135. Accompanying Administrative Sanctions for Serious Violations (5) inclusion in the IUU fishing vessel list; (6) denial of entry and other port services; (7) blacklisting; and (8) increase in the amount of fines but not to exceed 5X the value of the catch. In case of repeated violations within a five-year period, the amount of fine may be increased up to 8X times the value of the catch. Section 4 (82) • Serious Violation – means any of the following violations of the Code: (a) Fishing without a valid license, authorization or permit; (b) Fishing without reporting the catch or misreporting the catch; (c) Fishing in a closed area or during a closed season; (d) Fishing of prohibited species; (e) Fishing with the use of prohibited gear or methods; (f) Falsifying, concealing or tampering with vessel markings, identity or registration to conceal vessel identity or lack of registration; g) Concealing, tampering or disposing of evidence relating to an investigation of a violation; (h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing or delaying a fisheries law enforcer, authorized inspector or observer or other duly authorized government officer; (i) Intentionally tampering with or disabling the vessel monitoring system; and (j) Committing multiple violations which taken together constitute a serious disregard of this Code. Multiple violations – as provided in Item 82 (j) of Section 4 Serious Violation, refer to the commission by an offender at any one instance, of 3 or more violations as defined in this Code, which are not enumerated under (a) to (i) of Item 82 of Section 4 [Serious Violation], resulting to an actual damage of at least P5 Million, which, taken together constitute a serious disregard of the Code, and therefore qualify as a serious violation. * Functions of the Bureau of Fisheries and Aquatic Resources (Section 63) (n) initiate the criminal prosecution of offenses committed in violation of this Code regardless of their situs SEC. 137. Community Service  In case the offender is a: a. municipal fisherfolk or b. has no property over which the Department may impose the fines and penalties prescribed for the offense community service may be rendered in lieu of the fine which shall be computed based on the fine and the prevailing minimum wage in the community, among others. SEC. 137. Community Service • The Adjudication Committee may impose the alternative penalty of community service only upon the application of the offending municipal fisherfolk or upon the application and proof by an offender who has no property. • In imposing the alternative penalty of community service, the adjudication committee shall prioritize those types of community service that relate to fishery or fishery resource management and conservation. SEC. 137. Community Service • Examples of Community Service a) planting of mangroves in mangrove areas or river embankments; b) rendering services for a certain period to a communitymanaged mangrove nursery, marine finfish hatchery or community fish landing center; c) capacitating the fisherfolks and their families, in the community where the offense was committed, through the conduct of alternative livelihood seminars, free health programs/ medical missions, or provision of educational materials/supplies; SEC. 137. Community Service d) developing an information, education campaign material on fishery and fishery resource management and conservation and disseminating the same; e) participating in or undertaking a coastal clean-up operation; or f) organizing other activities that will redound to the benefit of the community where the violation was committed. SEC. 138. Citizen’s Suits  Any citizen may file an appropriate civil, criminal or administrative action in the proper courts/bodies against: (a) Any person who violates or fails to comply with the provisions of this Code, and its implementing rules and regulations; (b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and SEC. 138. Citizen’s Suits  (c) Any public officer who willfully or grossly neglects the performance of a duty specifically enjoined by this Code and its implementing rules and regulations; or abuses authority in the performance of duty; or, in any manner improperly performs duties under this Code and its implementing rules and regulations: Provided, however, That no suit can be filed until after fifteen (15) days notice has been given the public officer and the alleged offender and no appropriate action has been taken thereon. SEC. 139. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement of this Act • Strategic Lawsuit Participation against Public -A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that any person, institution, or the government has taken or may take in the enforcement of this Code SEC. 140. Fisheries National Administrative Register • Fisheries National Administrative Register -publicly available - contains all decisions, resolutions or orders involving violations of this Code, particularly serious violations committed by Philippine flagged vessels or by Philippine nationals and cases on poaching or involving foreigners, including the penalties imposed SEC. 142. Fisheries Management Fund • Fisheries Management Fund shall be funded from: 1. administrative fines and penalties imposed under this Code, 2. from the proceeds of the sale of forfeited fish, fishing gears, paraphernalia and fishing vessels, and 3. contributions in the form of endowments, grants and donations to the fund, which shall be exempted from donor and other taxes, charges or fees imposed by the government SEC. 142. Fisheries Management Fund • Utilized as follows: (a) 15% for the purchase, upgrade and maintenance of vessels, communication and other equipment used for the monitoring, control and surveillance of Philippine waters and distant water fishing; (b) 5% for the payment of litigation expenses, cost of conveyance of witnesses and other costs due to cases filed by or against the Republic of the Philippines in international courts arising from the implementation of this Code or where apprehending party or parties become respondents or defendants in any tribunal or court of law; SEC. 142. Fisheries Management Fund (c) 25% for the operating costs and capacity building of the NFARMC, IFARMCs and C/MFARMCs and payment for the cost of rehabilitation, medical expenses for injury, or indemnity for death of law enforcement officers, including deputized volunteers, distributed as follows: 5% to the NFARMC, five percent 5% to all IFARMCs, 5% to all C/MFARMCs, and 10% to C/MFARMCs for the apprehension and successful prosecution of a fisheries offense; (d) 5% for the continued upgrading of laboratory facilities and equipment; SEC. 142. Fisheries Management Fund e) 5% for the research and development activities of the NFRDI; (f) 5% for the capability development of BFAR personnel, deputized law enforcement agencies and volunteers, and stakeholders; (g) 10% for scholarship grants for children of fisherfolks and fishworkers in fish catch, aquaculture, fishing and fish processing; (h)15% for livelihood programs for production enhancement and poverty alleviation; and (i) 15% for assistance to fishermen in the form of shared facilities. SEC. 142. Fisheries Management Fund • Recipients. – Fifty percent (50%) of the fines, penalties, and proceeds, shall be allocated to the area where the violation was committed.  Sec. 86 Unauthorized Fishing Sec. 87 Engaging in Unauthorized Fisheries Activities Sec. 88 Failure to Secure Fishing Permit prior to Engaging in Distant Water Fishing Sec. 89 Unreported Fishing Sec. 90 Unregulated Fishing Sec. 91 Poaching in Philippine Waters Sec. 92 Fishing through Explosives, Noxious or Poisonous Substance or Electricity Sec. 93 Use of Fine Mesh Net Sec. 94 Fishing in Overexploited Fishery Management Areas Sec. 95 Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas Sec. 96 Ban on Coral Exploitation and Exportation Sec. 97 Ban on Muro-ami, Other Methods and Gears Destructive to Coral Reefs and Other Marine Habitat Sec. 98 Illegal Use of Superlights or Fishing Light Attractor Sec. 99 Conversion of Mangroves Sec. 100 Fishing During Closed Season Sec. 101 Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries Sec. 102 Fishing or taking of Rare, Threatened, or Endangered Species Sec. 103 Capture of Sabalo and Other Breeders/ Spawners Sec. 104 Exportation of Breeders, Spawners, Eggs or fry Sec. 105 Importation or Exportation of Fish or Fishery Species Sec. 106 Violation of Harvest Control Rules Sec. 107 Aquatic Pollution Sec. 108 Failure to Comply with Minimum Safety Standards Sec. 109 Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages Sec. 110 Gathering and Marketing of Shell Fishes and Other Aquatic Species Sec. 111 Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay Sec. 112 Non-Compliance with Good Aquaculture Practice Sec. 113 Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk , Fishworker or Crew Sec. 114 Obstruction of Defined Migration Paths Sec. 115 Obstruction to Fishery Law Enforcement Officer 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 Non-Compliance with Vessel Monitoring Measures Sec. 120 Constructing, Importing or Converting Fishing Vessels or Gears without Permit from the Department Sec. 121 Use of Unlicensed Gear Sec. 122 Falsifying, Concealing or Tampering with Vessel Markings, Identity or Registration 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 Trade-Related Measures Sec. 126 Possessing, Dealing in or Disposing Illegally Caught or Taken Fish Sec. 127 Unauthorized Disclosure of Sensitive Technical Information Sec. 128 Other Violations NEW OFFENSES PROHIBITION PENALTIES SECTION 87ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES Administrative liability: It shall be unlawful for any person to exploit, occupy, •Fine- Php 500,000.00 to produce, breed or 1M culture fish, fry, or fingerlings of •Dismantling or removal of any fishery species or fishery the structure at the products or construct and expense of the offender operate fish corrals, fish traps, •Rehabilitation of the area fish pens, and fish cages, or affected by the activity fishponds without a license, lease and confiscation of stocks or permit. PENALTIES Criminal liability: •Imprisonment- 6 months •Fine- twice the amount of the administrative fine •Dismantling or removal of the structure at the expense of the offender •Rehabilitation of the area affected by the activity and confiscation of stocks 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. PENALTIES Administrative liability: •Persons liable – owner, operator, and the 3 highest officers of the cfv. •Confiscation of catch and gear •Fine- 5 times the value the value of the catch or the amount indicated below whichever is higher: PENALTIES 1.Php 2M to Php 9M for small-scale commercial fishing 2. Php 10M to Php 15M for medium scale commercial fishing 3.Php 16M to Php 20M for large scale commercial fishing less than 750 G.T 4. Php 25M to Php 45M for large scale commercial fishing 750 GT or more PENALTIES Criminal liability: •Persons liable – 3 highest officers of the cfv •Imprisonment – 6 months •Fine – twice the amount of administrative fine •Confiscation of catch and gear PROHIBITION Sec. 89 Sec. 38 Reportorial Requirements UNREPORTED FISHING •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.  2 Types of Unreported Fishing: 1. within waters of national jurisdiction 2. in waters beyond national jurisdiction PENALTIES Administrative liability: Persons liable – owner or operator (for cfv & municipal), 3 highest officers Fine – equivalent to the value of the catch or the amount indicated below whichever is higher: 1.Php 5,000.00 for municipal fishing or community service if the offender fails to pay the fine. 2.Php 100,000.00 for small scale commercial fishing 3. Php 200,000.00 for medium scale commercial fishing 4. Php 500,000.00 for large scale commercial fishing PENALTIES In case the unreported fishing committed in waters beyond national jurisdiction: Administrative liability: Persons liable – owner, operator, and 3 highest officers of the cfv Fine – equivalent to 5 times the value of the catch or the amount indicated below, whichever is higher : 1.Php 2M to Php 9M for small scale fishing vessel 2. Php 10M to Php 15M for medium scale commercial fishing 3. Php 16M to Php 20M for large scale cf (less than 750 GT) 4. Php 25M to Php 45M for large scale cf (more than 750 GT) PENALTIES Criminal liability: •Persons liable – 3 highest officers of the cfv •Imprisonment – 6 months •Fine – twice the amount of the administrative fine •Confiscation of catch and gear 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: PENALTIES 1.Php 5,000.00 for municipal fishing or community service if offender fails to pay the fine. 2. Php 100,000.00 for small scale commercial fishing 3. Php 200,000.00 for medium scale commercial fishing; 4. Php 500,000.00 for large scale commercial fishing. PENALTIES IN CASE UNREGULATED FISHING IS COMMITTED IN WATERS BEYOND NATIONAL JURISDICTION Persons liable – owner, operator and 3 highest officers of cfv Administrative liability: •Confiscation of catch and gear •Fine – 5 times the value of the catch or the amount indicated below, whichever is higher: 1. Php 2M to Php 9M for small scale cfv PENALTIES 2. Php 10M to Php 15M for medium scale cf 3. Php 16M to Php 20M for large scale cf (less than 750 GT) 4. Php 25M to Php 45M for large scale cf (more than 70 GT) PENALTIES Criminal liability: •Persons liable – 3 highest officers of the cfv •Imprisonment – 6 months •Fine – twice the amount of the administrative fine •Confiscation of catch and gear 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 instances are authorized disclosure, provided, the affected party is informed of such disclosure: 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. SEC. 128. Other Violations Persons Liable • Penalties • Persons who violated Administrative Orders or regulations promulgated by the Department Administrative • Fine- P100K to P5M depending on the socioeconomic impact and seriousness of the violation, volume and value of the fisheries product, damage to the environment due to the violation, and the habituality of the offender AMENDED OFFENSES SECTION 86. UNAUTHORIZED FISHING 1.It shall be unlawful for any person to capture or gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery species or products without a license or permit from the Department or LGU. (Commercial fishing- BFAR) (Municipal fishing – LGU) Criminal liability: •Imprisonment- 6 months •Fine- twice the amount of the administrative fine •Confiscation of catch and gear PENALTIES Administrative Liability : •Persons liable - boat captain, master fisherman, marine diesel mechanic, owner/operator. 1.Confiscation of catch and gear 2.Fine - 5 times the value of the catch or the amount indicated below, whichever is higher: • Confiscation of Catch and Gear • Fine 5x the value of the catch or fine whichever is higher: Small Scale- P50K to P100K Medium Scale-P150k to P500K Large Scale-P1M to P5M PROHIBITION 2.It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in commercial fishing in municipal waters. PENALTIES Administrative liability: •Fine equivalent to twice the value of catch or Php 5,000.00, whichever is higher. •Confiscation of catch and fishing gear. •Community service if the offender fails to pay the fine. PROHIBITION Sec. 91 PENALTIES Administrative liability: POACHING IN PHILIPPINE WATERS •Fine – US$ 600,000.00 to US$ 1M , or its equivalent in Philippine currency It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. Criminal liability: Fine – US$ 1.2M or its equivalent in Philippine currency; Confiscation of catch, fishing equipment and fishing vessel. PENALTIES If caught within internal waters: Imprisonment – 6 months and 1 day to 2 years and 2 months. If apprehended the second time- 3 yrs. Imprisonment and fine of US$ 2.4 M or its peso equivalent No foreign person shall be deported without payment of the imposed judicial and administrative fines and service of sentence. SECTION 92 FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY PROHIBITION 1. It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery species in Philippine waters with the use of explosives, noxious or poisonous substance which will kill, stupefy, disable or render unconscious fish or fishery species. PENALTIES Administrative liability: •Confiscation of catch including those not caught illegally if co-mingled with those caught illegally; - explosives and noxious or poisonous substances, electro-fishing device or paraphernalia and gear PENALTIES Exception: 1.Purely research, educational or scientific purposes. 2.To eradicate predators and pests in fishponds in accordance with adopted scientific practices without causing adverse environmental impact in neighboring waters and ground . Fine – five times the value of the catch or the amount of fine indicated below, whichever is higher: 1.Php 30,000.00 for municipal fishing 2.Php 300,000.00 for small scale commercial fishing 3.Php 1.5M for medium scale commercial fishing 4. Php 3M for large scale cfv PENALTIES Criminal liability: •Imprisonment – 5 to 10 yrs. •Confiscation of catch including those not caught illegally if co-mingled with those caught illegally, gear, explosives and noxious or poisonous substance, or electrofishing devices and paraphernalia. PENALTIES Fine – twice the amount of the administrative fine (without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life). The actual use of electro-fishing devices for illegal fishing. Imprisonment – 6 months Fine – Php 5,000.00 PROHIBITION PENALTIES Section 93-Use of Fine Mesh Nets Unlawful to engage in fishing using nets with mesh smaller than that which may be fixed by the Department Exception: The use of fine mesh net in gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature. * Fine of P 2,000 to P 20,000 or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court PENALTIES Administrative liability: •Persons liable – owner, operator, captain, master fisherman, or municipal fisherfolk •Confiscation of the catch and fishing gear •Fine – three times the value of the catch or the value indicated below, whichever is higher: 1.Php 20,000.00 for municipal fishing or community service if he fails to pay the fine 2. Php 50,000.00 for small scale cf 3. Php 100,000.00 for medium scale cf 4. Php 200,000.00 for large scale cf PENALTIES Criminal liability: •Persons liable – boat captain, master fisherman, or the municipal fisherfolk •Imprisonment – 6 months to 2 years •Fine – twice the administrative fine •Confiscation of catch and gear  Prima facie presumption: The discovery of a fine mesh net in a fishing vessel shall constitute a prima facie presumption that the person or fishing vessel is engaged in fishing with the use of fine mesh net. PROHIBITION Sec. 94 FISHING IN OVEREXPLOITED FISHERY MANAGEMENT AREAS It shall be unlawful for any person to fish in fishery management areas declared as overexploited. PENALTIES Administrative liability : •Confiscation of catch and gear •Fine – equivalent to the value indicated below: 1.3 times the value of catch or Php 20,000.00, whichever is higher for municipal fishing. If the offender fails to pay the fine, he shall render community service. 2. 5 times the value of the catch of Php 100,000.00, whichever is higher for small scale cf PENALTIES 3.5 times the value of catch or Php 300,000.00 whichever is higher for medium scale cf 4.5 times the value of the catch or Php 500,000.00 , whichever is higher for large scale cf PENALTIES Criminal liability: •Imprisonment – 6 months and 1 day to 6 years •Fine – Php 500,000.00 to Php 5M •Confiscation of the catch and the fishing equipment used •Cancellation of fishing permit or license. PROHIBITION PENALTIES Sec. 95 USE OF ACTIVE GEAR IN MUNICIPAL WATERS, BAYS, AND OTHER FISHERY MANAGEMENT AREAS Administrative liability: •Persons liable – owner, operator, boat captain, and master fisherman of the vessel or the chief executive officer in a corporation or the managing partner in a partnership. •Confiscation of catch and gears PENALTIES •Fine – 3 times the value of the catch or the value indicated below, whichever is higher: 1.Php 20,000.00 for municipal fishing or community service if offender fails to pay the fine 2. Php 50,000.00 for small scale cfv 3. Php 100,000.00 for medium scale cf 4. Php 500,000.00 for large scale cf PENALTIES Criminal liability: •Imprisonment – 2 yrs to 6 yrs. •Fine – twice the administrative fine •Confiscation and forfeiture of fishing gear and catch FAO 201 What is an Active Gear? It is a fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments FAO 201 The following gears are not covered by the prohibition: 1. Gill nets, other than bottom-set gill nets, not more than 500 meters in length per boat used by registered municipal fisherfolk, which shall be regulated by the LGU; 2. "Sudsud" or push net used to catch Acetes sp. "alamang" and Stolephorus sp. "dilis," which is operated by a registered municipal fisherfolk/fisherfolk cooperative/association, either manually or by the use of a registered and licensed municipal motorized boat with single piston engine of not more than sixteen (16) horsepower, during approved fishing season for the species, and covered by a management plan duly approved by the LGU; • “Sud-sud” or Push net 3. Active gears such as purse seine or "pangulong", ring net or "taksay" and such other gears that do not touch the sea bottom, used by small and medium commercial fishing vessels authorized by the LGU pursuant to Section 18 of this Code and pertinent rules, to fish in the 10.1 to 15 km. of municipal waters only, as reckoned from the general coastline. PROHIBITION PENALTIES Section 96 – Ban on Coral Exploitation and Exportation 1. It shall be unlawful for Administrative liability: •Persons liable – owner, any person or operator, boat captain, corporation to gather, master fisherman, and possess, commercially recruiter or organizer of transport, sell, export the fishworkers ordinary, semi-precious corals, whether raw or in processed form. exception: purely scientific or research purposes. PENALTIES •Fine – 8 times the value of the corals gathered, possessed commercially transported, sold or exported or the amount of Php 500,000.00 or Php 10M, whichever is higher. •Forfeiture of the subject corals •Pay the compensation for the restoration of the damaged coral reefs PENALTIES Criminal liability: •Persons liable – boat captain, master fisherman, and recruiter or organizer of fishworkers. •Imprisonment – 10 years to 20 years •Fine – twice the administrative fine •Forfeiture of the subject corals The offender shall be required to pay the cost of restoration of the damaged coral reefs based on available studies. PROHIBITION PENALTIES 2. It shall be unlawful for any person, corporation, or entity to commit any activity that damage coral *Imprisonment of 6 months reefs. to 2 yrs. and/or * Fine of P 2,000 to P 20,000 * Forfeiture and proper disposition of the subject corals, including the vessel FISHERIES ADMINISTRATIVE ORDER NO. 202 BAN ON CORAL EXPLOITATION AND EXPORTATION Coral-consist of small anemone-like organism belonging to Phylum Coelenterata w/c secrete their own skeletons of various forms that may be hard soft, stony or horny and shall include the following i., Precious coral , ii., Semi-precious corals and ordinary coral. 128 05/12/23 Fire coral Milleporidae spp Organ-pipe corals Tubiporidae spp Brain coral Diploria labyrinthiformis Black corals Antipatharia spp Lace corals Stylasteridae spp Red coral Corallium spp • The following fishing gears/methods and their variations are considered destructive to coral reefs, seagrass, seabeds, and other fishery marine life habitat: a. Muro-ami and Kayakas; and b. Danish Seine and modified Danish Seine. PROHIBITION PENALTIES 1. It shall be unlawful for any person, natural, or juridical, to fish with gear or method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined as muro ami by DA and any of its variations and such as similar gears and methods that require diving, other physical or mechanical acts to pound the coral reefs, and other habitat to entrap, gather, or catch fish and other fishery species are also prohibited. Administrative liability: •Persons liable – owner, operator, boat captain, master fisherman and recruiter or organizer of fishworkers •Fine – 5 times the value of the fish caught or Php 2M , whichever is higher. PENALTIES •Confiscation of catch and gear •The fishworkers who serve as pounders – fine of Php 20,000.00 or community service in case of failure to pay the fine. PENALTIES Criminal liability: •Persons liable – boat captain, master fisherman, and recruiter or organizer of fishworkers •Imprisonment – 2 years to 10 years •Fine – twice the amount of the administrative fine FAO 246-BANNING THE FAO 246BANNING THE FAO 246-BANNING THE OPERATION OF DANISH SEINE AND MODIFIED DANISH SEINE IN PHILIPPINE WATERS (ISSUED 9/12/13) Danish Seine (Holbotholbot) PROHIBITION PENALTIES Section 98 – Illegal Use of Superlight and Fishing light attractor "Superlight," also called "magic light," is a type of strong light using halogen or metal halide either submerged or located above the sea surface, consisting of a ballast, regulator, electric cable and socket, the power of which comes from a generator, battery, dynamo or the main engine of the boat. Administrative liability : •Php 20,000.00 per superlight or fishing light attractor •Confiscation of catch, superlight, or fishing light or gears PENALTIES If the offender is a municipal fisherfolk, he may render community service in lieu of fine. Criminal liability: •Imprisonment – 6 months to 2 years •Fine – Php 40,000.00 per superlight PENALTIES •Confiscation of catch and gears •If the offender is a municipal fisherfolk, he may render community service in lieu of imprisonment FAO 204 (s. 2000) Restricting the Use of Superlights in Fishing. Prescribes wattage of superlight for commercial fishing Small scale (3.1 to 20 GT) -- 20 KW per vessel Medium scale (20.1 to 150 GT) -- 36 KW per vessel Large scale (more than 150 GT) -- 40 KW per vessel Penalties: 6 months-2 years imprisonment P5,000 per superlight fine; Or both Confiscation of superlight, fishing vessel and gear • DA-BFAR within 18 mos. from the effectivity of the IRR, shall determine the appropriate limits for superlights and fishing light attractors in all fishing grounds in coordination with the civil society organizations, the fishing industry, and the scientific community, by conducting studies determining the effect of superlights and fishing light attractors. • Pending this determination, the existing regulation on superlights is suspended. • However, that superlights shall still be banned in municipal waters and bays during the said period. Greatest threat to mangroves is conversion either to agriculture, aquaculture, saltponds, human settlements or other coastal development • Penalties: Persons Liable Administrative Criminal • Persons who converted mangroves into fishponds or for other purposes • Fine- equivalent to the ecological value of a hectare of mangrove based on available studies or fine -P10M/ hectare, whichever is higher • Restore or pay for the restoration of the damaged area. • Base fine: P80K or a fine equivalent to the administrative penalties, • Imprisonment - 6 months and 1 day to 12 years • Restore or pay for the restoration of the damage. • Environmental damagesP500K per hectare/year until the area is restored. PROHIBITION SECTION 100. FISHING DURING CLOSED SEASON PENALTIES Administrative liability : •Confiscation of catch and gear •Administrative fine of: 1.3 times the value of catch or Php 20,000.00 for municipal fishing, whichever is higher. If the offender is a municipal fisherfolk, community shall be rendered if he fails to pay the fine PENALTIES 2. 5 times the value of the catch or Php 100,000.00, whichever is higher for small scale cfv 3. 5 times the value of the catch or Php 300,000.00, whichever is higher for medium scale cf 4. 5 times the value of the catch or Php 500,000.00, whichever is higher for large scale cf PENALTIES Criminal liability: •Imprisonment – 6 months and 1 day to 6 years •Confiscation of catch and gear •Fine – twice the administrative fine •Cancellation of license or permit FAO 167-3 Prohibition for catching, purchasing, selling and possessing any sexually mature sardines, herrings or mackerels or their larvae, fry or young during the closed season from November 15 to February 15, inclusive, of every year, in a portion of Visayan sea and adjoining waters November 15February 15 PROHIBITION Section 101 – FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES as declared by the Department or the LGUs. PENALTIES Administrative liability: •Confiscation of catch and gear •Fine – twice the value of the catch or the amount indicated below, whichever is higher: 1. Php 20,000.00 for municipal fishing. Or Community service in lieu of fine. 2. Php 200,000.00 for small scale cf 3.Php 600,000.00 for medium scale cf 4. Php 1M for large scale cf PENALTIES Criminal liability: •Imprisonment – 2 years to 6 years •Fine – twice the amount of the administrative fine •Confiscation of catch and gear •Cancellation of license or permit PROHIBITIONS Section 102 – FISHING OR TAKING OF RARE,THREATENED OR ENDANGERED SPECIES PROHIBITIONS 1. It shall be unlawful to fish or take, catch, gather, sell, purchase , possess , transport, export, forward, or ship out aquatic species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild and Fauna (CITES), or those categorized by the International Union for Conservation of Nature and Natural Resources (IUCN) as threatened, and as determined by the DA as such. PENALTIES Administrative Liability: Fine – 5 times the value of the species or Php 500,000.00 to Php 5M , whichever is higher Forfeiture of the species. Criminal liability: •Imprisonment – 12 years and I day to 20 years •Fine – twice the administrative fine •Forfeiture of the species •Cancellation of the fishing permit • CITES Appendix I Species Humpback whale (Megaptera novaeangliae) Irawaddy dolphin (Orcaella brevirostris ) PROHIBITION 2. It shall be unlawful to fish, take catch, gather, sell, purchase, possess, transport, export, forward or ship out aquatic species listed in CITES Appendices II and III if scientific assessment show that population of the species in the wild cannot remain viable under pressure of collection and trade. Exception: Purely scientific, research or conservation breeding PENALTIES Administrative liability: •Fine- 3 times the value of the species or Php 300,000.00 to Php 3M , whichever is higher •Forfeiture of the species Criminal liability: •Imprisonment – 5 years to 8 yrs. •Fine – twice the administrative fine •Forfeiture of the species  CITES Appendix II Fraser’s dolphin (Lagenodelphis hosei) Hippocampu s spp. (seahorses) Tridacnidae spp. (giant clams) • CITES Appendix III Red coral, Corallium japonicum PROHIBITIONS PENALTIES 3. It shall be unlawful to gather, take, possess, transport, or export, forward or ship out captive-bred species that have been transplanted to the wild. Administrative liability: •Fine – 3 times the value of the species or Php 300,000.00 or Php 3M, whichever is higher. •Forfeiture of the species PENALTIES Criminal liability: •Imprisonment – 5 yrs. to 8 yrs. •Fine – 3 times the value of the species or Php 3M , whichever is higher •Forfeiture of the species • Parts and Derivatives of rare, threatened or endangered species Sharks Fin Jewelry from Pecious corals CITES-listed giant clam shellcraft CITES-LISTED AQUATIC SPECIES (PROHIBITED) (LISTED IN APPENDIX II) FISHERIES ADMINISTRATIVE ORDER (FAO) NO. 208 Giant Clams (Taklobo) True giant clam, Tridacna gigas Smooth giant clam, (Taklobo) Tridacna derasa FLUTED/SCALY GIANT CLAM, (TAKLOBO) TRIDACNA SQUAMOSA Elongated giant clam, Tridacna maxima BORING/CROCUS CLAM, (TAKLOBO; LET-LET) TRIDACNA CROCEA Strawberry/Horse hoof clam, Hippopus hippopus China/Porcelain clam, Hippopus porcellanus FAO 208 SMOOTH TOP SHELL, SAMONG; SIMONG; TUWAD TROCHUS NILOTICUS Angel wing shell, Diwal Barnea manilensis Green snail, Laong, bulatok Turbo marmoratus RARE , THREATENED AND ENDANGERED FISHERY SPECIES (FAO 208) Bolma girgyllus Clypeomorus aduncus Recluzia lutea (Girgyllus star shell) (bent cerith) (recluzia snail) Variscospira crispata Malluvium lissus Strombus thersite (deep sea cap) (thersite stromb) (network beak shell) Separatista blainvilliana (true separatista) Tibia martini (Martini’s tibia ) NON-CITES-LISTED AQUATIC SPECIES (PROHIBITED) (FAO 158) Trumpet shell or triton, Tambuli, Charonia tritonis Helmet shell, Budyong Cassis cornuta * Prohibition on gathering, taking, collecting, trading, transporting, and possessing • A. RARE SPECIES OF GASTROPOD PROTECTED UNDER FAO 208 Bolma girgyllus (Girgyllus star shell) Malluvium lissus (deep sea cap) Clypeomorus aduncus (bent cerith) Strombus thersites (thersite stromb) Recluzia lutea (recluzia snail) Separatista blainvilliana (true separatista) Variscospira crispata (network beak shell) Tibia martini (Martini’s tibia) Cypreae childreni (children’s cowrie) Cypraea valentia (Prince cowrie) Cypraea beckii (Beck’s cowrie) Cypraea teramachii (Teramachi’s cowrie) Cypraea guttata (great spotted cowrie) Phenacovolva dance (dance volva) Cypraea aurantiu (golden cowrie) Cypraea martini (Martini’s cowrie) PROTECTED UNDER FAO 208 Cypraea saulae (Saul’s cowrie) Cypraeacassis rufa (bullmouth helmet) Cypraea katsue (Katsue’s cowrie) Cypraea porteri (porter’s cowrie) Phalium coronadoi wyvillei (Wyville’s bonnet) Cypraea leucodo (white-toothed cowrie) Phalium glabratum glabratum(smooth bonnet) PROTECTED UNDER FAO 208 B. RARE SPECIES BIVALVES Eufistulana mumia shaped boring clam) (Club- Amusium obliteratum (Smudged moon scallop) PROTECTED UNDER FAO 208 B. THREATENED SPECIES Section 97 , FAO 208 •Crabs • Gastropods Turbo marmoratus Trochus niloticus (Green snail/laong, bulatok) (Smooth top shell/samong) Barnea manilensis (Angel wing shell/diwal) Birgus latro (coconut crab; umang, tatus) C.ENDANGERED SPECIES Sections 97 (FAO 208) Endangered Whales and Dolphins Species Megaptera novaeangliae (Humpback whale/balyena) CITES APPENDIX I Grampus griseus (Risso’s Dolphin/lumba-lumba) CITES APPENDIX II Section 97 , FAO 208 Orcaella brevirostris Irrawady Dolphin Lagenodelphis hosei Fraser's dolphin Tursiops truncatus Long-Snouted Bottlenose Dolphin Steno bredanensis Rough-toothed dolphin Section 97 , FAO 208 Mesoplodon densirostris Blainville's beaked whale Feresa attenuata pygmy killer whale Ziphius cavirostris Cuvier's beaked whale Peponocephala electra melon-headed whale Section 97 , FAO 208 Orcinus orca killer whale, Pseudorca crassidens false killer whale Balaenoptera brydei Bryde's whale Balaenoptera physalus fin whale Section 97 , FAO 208 , CITES Appendix I Megaptera novaeangliae humpback whale Kogia breviceps pygmy sperm whale Section 97 , FAO 208 Kogia sima dwarf sperm whale Section 97 , FAO 208 CITES Appendix I Physeter macrocephalus Sperm whale Globicephala macrorhynchus Short-finned pilot whale Spinner dolphin, Stenella longirostris Pantropical spotted dolphin, Stenella attenuata CITES APPENDIX II FAO 208 Striped dolphin, Stenella coeruleoalba Tridacna gigas True Giant Clam, Taklobo Tridacna crocea Boring Clam, Taklobo ,letlet Tridacna squamosa (Fluted scaly giant clam) SEA SNAKES Cerberus rhynchops Dogfaced water snake Kalabukab CITES Appendix III DUGONG, SEA COW Department Administrative Order (DAO) 15 and 55, Section 97 of RA 8550, CITES Appendix I The five species of marine turtles found in the Philippines are protected under DAO 15, RA 9147, Section 97 of RA 8550 and listed under CITES Appendix 1. Elasmobranch (Sharks) Elasmobranch (Sharks) Great white shark, Carcharodon carcharias Section 97, CITES Appendix II) Cetaceans (dolphins) FAO 208 , FAO 185-1, Section 97 RA 8550 CITES Appendix II Sawfishes ALL SAW FISHES Family Pristidae; Barasan, Tagan Section 97 RA 8550 , CITES Appendix I except Pristis microdon listed under Appendix II CEBU PROVINCE Res. 1900-2010/ Ord. No. 2010-06 SPECIAL PROTECTION FOR VULNERABLE SPECIES Alopias vulpinus Tresher Shark Lawihan, Sakol Manta birostris Giant Manta Ray Sanga Molidae mola Sun fish Mola-Mola Thresher Shark MolaMola MANTA RAY Manta birostris FAO 193 Sec. 103 CAPTURE OF SABALO PROHIBITION Sec. 103 CAPTURE OF SABALO PENALTIES Administrative liability: It shall be unlawful for any person •Fine - 5 times the value of the sabalo or to catch, gather, capture, or Php 500,000.00, possess mature milkfish or sabalo . whichever is higher Sabalo – means the full-grown bangus and refers to both male and female, measuring more than 60 cm. in length from the tip of its mouth to the extreme end of its caudal fin or tail (FAO 129, s. 1980) Exceptions: local breeding purposes or scientific or research purposes. •Forfeiture of catch and gear PENALTIES Criminal liability: •Imprisonment – 6 months and 1 day to 8 years •Fine- twice the amount of the administrative fine •Forfeiture of catch and fishing equipment used •Suspension or revocation Sabalo – means the full-grown bangus and refers to both male and female, measuring more than 60 cm. in length from the tip of its mouth to the extreme end of its caudal fin or tail (FAO 129, s. 1980) SEC. 104. Exportation of Breeders, Spawners, Eggs or Fry SEC. 105. Importation or Exportation of Fish or Fishery Species  Unlawful to import or export fish or fishery species in violation of this Code SEC. 108. Failure to Comply with Minimum Safety Standards  Failure to exhibit or show proof of compliance with safety standards required for commercial fishing vessel engaged in fishing, upon demand by proper authorities  Upon apprehension, the fishing vessel shall be escorted to the nearest port or landing point and prevented from continuing with the fishing activity. SEC. 108. Failure to Comply with Minimum Safety  Penalties Standards Persons Liable • Owner and captain Administrative • Fine- P100K • Suspension or cancellation of permit or license and • Impoundment of the vessel until the safety standard has been complied with Criminal • Imprisonment- 1 mo. and 1 day to 6 mos. • Fine- 2x administrative fine • Suspension or cancellation of permit or license • Impoundment of the vessel until the safety standard has been complied with. SEC. 109. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages • Penalties Persons liable Administrative • Owner/ operator of fishponds, fish pens, and fish cages whether in public or private lands who fail to submit the annual report despite notice and beyond the 2 months grace period given • Fine-P5K/ per unreported hectare. • Fishpond with Fishpond Lease Agreementnon-submission of a report for 2 consecutive years shall result to its cancellation Criminal • Fine- 2x administrative fine  Other parameters for the protection of heavily traded species may be promulgated.  Penalties Persons Liable Administrative Criminal • Persons who gather, take, sell, transfer, possess, commercially transport, export, forward or ship out sexually mature shellfish or other aquatic species or aquatic species below the minimum size or above the maximum quantities prescribed • Fine equivalent to the value of the species or P50K, whichever is higher, • Confiscation of the same, • Cancellation of permit or license • Imprisonment -1 month and 1 day to 6 months • Fine-2x administrative fine • Cancellation of the permit or license.  Unlawful to cause obstruction to navigation or flow or ebb of tide  Existing fisheries structures not prohibited by law are not considered as obstruction to navigation and free flow of water. • Penalties Persons Liable • Person who caused or owns the fish corrals, fish traps. Fish pens or fish cages that obstructs the navigation or flow or ebb of tide in any stream, river, lake or bay Administrative • Fine-P200K • Dismantling of Obstruction, fish corrals/ traps, fish pens or fish cages at the expense of the offender Criminal • Imprisonment- 1 mo. and 1 day to 6 mos. • Fine-2x the administrative fine • Confiscation of stocks and dismantling of obstruction , fish corrals/traps, fish pens or fish cages at the expense of the violator • In the conduct of fishery operations involving the breeding and farming of fish and other fishery species, it is unlawful not to comply with: 1. good aquaculture practices, and 2. the guidelines for environmentally-sound design and operation for the sustainable development of the aquaculture industry • Unlawful to employ unlicensed fisherfolk or fishworker in: a. Commercial fishing vessels operating within national jurisdiction b. Philippine flagged fishing vessels engaged in distant water fishing • All crew on board a commercial fishing vessel shall be required a Fisherman’s License, except the following: a.) Captain or Master; b.) Cook, unless he is also involved in fishing; c.) Crew declared in the manifest, unless he is also involved in fishing; and d.) Non-crew passengers declared in the manifest. • Presentation of an official receipt covering a completed application for renewal of a Fisherman’s License and a certification from the DA-BFAR that the renewal is being processed shall be accepted as proof to negate liability for employment of unlicensed fisherfolk, fishworker or crew  Penalties: a.) Commercial fishing vessels operating within national jurisdiction Persons Liable • Owner or operator of commercial fishing vessel Administrative • Fine- P4K/ unlicensed fisherfolk or fishworker or crew • Suspension or revocation of license for commercial fishing. • Penalties b. Philippine flagged fishing vessels engaged in distant water fishing Persons Liable • Owner or operator of commercial fishing vessel or distant water fishing vessel Administrative • Fine-P40K/ unlicensed fisherfolk, fishworker or crew • Suspension or revocation of license Criminal • Fine-2x administrative fine • Suspension or revocation of license  Unlawful to obstruct any defined migration path of anadromous, catadromous and other migratory species  Penalties Persons Liable Administrative Criminal • Person who caused the obstruction to the defined migration oath of anadromous, catadromous and other migratory species • Fine P150K to P500K, • Dismantling of the obstruction at the expense of the offender, and • Suspension or revocation of the permit or license • Imprisonment7 yrs. to 12 yrs. • Fine-2x the administrative fine • Dismantling of the obstruction at the expense of the offender • Suspension or revocation of the permit PROHIBITION PENALTIES Sec. 115 OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICERS It is unlawful for the fishing vessel owner, master or operator or any person acting on behalf of any fishing vessel to assault, resist, intimidate, harass or seriously interferes with or duly obstructs or delays a fishery law enforcer, authorized inspector, observer, deputized fish warden or any lawfully boarding government officer in the exercise of their duties. Administrative liability: •Cancellation of license or permit •Fine – Php 1M for fishing vessels operating in Phil. waters or Php 2M for fishing vessels operating beyond Phil. Waters Criminal liability: •Imprisonment – 6 months to 2 years •Fine – twice the amount of the administrative fine •Cancellation of license or permit BFAR Circular No. 248, Series of 2013. Size Regulation of Sea Cucumber Collection and Trade Section 2- Prohibited Acts 1. Gathering, collecting, catching, taking and cause the taking or catching of sea cucumber for commercial trade without Aquatic Wildlife Collectors Permit (AWCP) 2. Transporting without a License to Transport (LTP) FAO 250 –PROHIBITION ON THE COLLECTION ,HARVESTING, GATHERING,SELLING AND/OR EXPORTING OF BROWN ALGAE (SARGASSUM spp.), AND SEAGRASS exception: DA Secretary may grant special permit for scientific and/or educational purposes BFAR Director may grant research institution limited collection, harvesting and/or gathering to determine the ecological and socioeconomic impact activity on the fisheries resources FAO 249, SERIES OF 2014. SUBJECT: BAN ON THE SALE AND DISTRIBUTION OF RAW/FRESH AND PROCESSED PUFFER FISH (FAMILY TETRAODONTIDAE) • PENALTY: • Imprisonment of not less than two (2) months but not more than one (1) year or • A fine of not less than ten thousand (Php 10,000.00) pesos but not more than one hundred thousand pesos (Php 10,000.00) or both “WHATEVER YOU ARE, BE A GOOD ONE!”