Fishery Laws and FAO's (PDF)

 REPUBLIC ACT NO. 10654 AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998,” AND FOR OTHER PURPOSES...

 REPUBLIC ACT NO. 10654 AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998,” AND FOR OTHER PURPOSES LAILA C BRAGAT BFAR 7  Lapsed into law on Feb. 27, 2015 without the signature of the President in accordance with Art. VI, section 27 (1) of the Constitution. Effectivity date: March 24, 2015 Section 2. Declaration of Policy. – It is hereby declared the policy of the State: a) To achieve food security as the overriding consideration in the utilization, management, development, conservation and protection of fishery resources b)To limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens; (c) To ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ.  (d) to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in the preferential use of the municipal waters.; (e) to provide support to the fishery sector, primarily to the municipal fisherfolk (f) To adopt the precautionary principle and manage fishery and aquatic resources, in a manner consistent with the concept of an ecosystem-based approach (g) to grant the private sector the privilege to utilize fishery resources under the basic concept that the grantee,  “SEC. 3. Application of its Provisions. – The provisions of this Code shall be enforced in: (a) all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country’s 200-nautical mile EEZ and continental shelf; (b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including, but not limited to, fishponds, fish pens/cages; (c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands; and (d) all Philippine flagged fishing vessels operating in areas governed by a RFMO, in the high seas, or in waters of other coastal states.” ADMINISTRATIVE JURISDICTION Municipal Waters – LGUs Within Concerned Protected Seascape – PAMB/DENR (TSPS) Outside Municipal Waters – DA/BFAR  ENFORCEMENT AGENCIES FISHWARDEN (LGUs) 7160; Sec. 16 and 124 of Republic Act ⮚DA/BFAR Sec. 64, 158 RA 8550 □PNP- MARICOM RA 6975; Sec. 158 RA 8550 □PNP Sec. 158 RA 8550 □Phil. Navy Sec. 158 RA 8550 □Phil. Coast Guard Sec. 158 RA 8550 □FARMC EO 240, RA 8550 □Deputy fish warden Sec. 158 RA 8550 □Citizen Rule 113, Sec. 5 (a) Rules of Court Section 138, RA 10654 ❖Department of Justice Prosecution of Illegal Fishing Cases ❖Other government enforcement agencies ❖COURTS Determination of Guilt of the Accused CHAPTER VI BASED ON FISHING METHODS EMPLOYED For offenses concerned with illegal fishing gear or methods, it is important that the objects used in committing the crime are seized and properly identified. Affidavits by witnesses / apprehending officer must also describe the gear and how it was used to clearly illustrate that the gear is indeed active or destructive to the environment. BASED ON LOCATION OF ACTIVITY The position of the fishing vessel, whether within municipal waters or not, is an element and necessary piece of evidence. (navigational charts). It must be coupled with documents demarcating the area where fishing activities are prohibited or regulated. BASED ON RESOURCE EXPLOITED Vital to the prosecution of offenses in this category is proving that a resource has indeed been extracted or exploited. Thus, the most important evidence is a sample photo of the resource.  Chapter VI, Sec. 86 UNAUTHORIZED FISHING  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) (3 classifications of CFV) (Municipal fishing – LGU) Section 86: Unauthorized Fishing Exceptions: for daily sustenance or for leisure which is not for commercial, occupation or livelihood purposes 2. It shall also be unlawful for any commercial fishing vessel to fish in municipal waters. (RA 8550 provisions: local ordinance allowing sscfv and mscfv to fish within 10.1 to 15 kms. ; no active gear) Section 86: Unauthorized Fishing Administrative Penalties : 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: 1. Php 50,000 to Php 100,000 for small scale commercial fishing 2. Php 150,000 to Php 500,000 for medium scale commercial fishing 3. Php 1M to 5M for large scale commercial fishing Section 86: Unauthorized Fishing Judicial Penalties: Persons liable - boat captain, three highest officials Imprisonment – 6 months Fine – twice the amount of the administrative fine Confiscation of catch and gear 3. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in commercial fishing in municipal waters. Section 86: Unauthorized Fishing Administrative Penalties for person not listed in the registry of municipal fisherfolk 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.  Chapter VI, Sec. 87 ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES SEC. 87. Engaging 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. Administrative Penalties Fine- Php 500,000 to 1M ⮚ Dismantling or removal of the structure at the expense of the offender ⮚ Rehabilitation of the area affected by the activity and confiscation of stocks Judicial Penalties 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 SEC. 87. Engaging in Unauthorized Fisheries Activities Judicial Penalties: 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.  Chapter VI, Sec. 88 Failure to Secure Fishing Permit Prior to Engaging Distant water (ADM case No. ADM-RO7-2018-2011 for violation of sections 86a,89,90,108,113(3),119(3) AND 12 COUNTS OF SEC 121 FB CLEMILUZA ROLANDO ENDINO (BO), SUELO C. SAGANG JR.,(BC), DIONESIO BETIO (BM) 1348789.5 Chapter VI, Sec. 89 UNREPORTED FISHING  SEC. 89. Unreported Fishing. ◼ unlawful for any person to engage in unreported fishing or to fail to comply with the reportorial requirements in Section 38 of this Code. 1. within waters of national jurisdiction  SEC. 89. Unreported Fishing. Penalties: Within national jurisdiction Persons Liable Administrative Penalty Owner or operator of commercial Fine equivalent to value of catch or fishing vessel Municipal Fishing-P5k or 3 Highest Officers community service, if applicable Small Scale-P100K Medium Scale-P200K Large Scale-P500K  Chapter VI, Sec. 90 UNREGULATED FISHING  SEC. 90. Unregulated Fishing ▪ Unlawful for any person to engage in unregulated fishing in waters within and beyond national jurisdiction 1. Within waters of national jurisdiction The following are considered unregulated fishing in Philippine waters: a. the act of a fisherman or fisherfolk of working in an unregistered fishing vessel; or b. the act of a corporation or enterprise of operating an unregistered fishing vessel. Administrative liability =owner, operator, of the municipal or commercial fishing vessel and the three (3) highest officers of the commercial fishing vessel who commit unregulated fishing within waters of national jurisdiction shall be punished by confiscation of catch and gear and an administrative fine equivalent to the value of the catch or amount indicated below, whichever is higher: (1)Five thousand pesos (P5,000.00)) for municipal fishing: Provided, That if the offender fails to pay the fine, he shall render community service; (2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing; (3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing; and (4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.  Chapter VI, Sec. 91 POACHING IN PHILIPPINE WATERS  Chapter VI, Sec. 92 FISHING THROUGH EXPLOSIVES, NOXIOUS, OR POISONOUS SUBSTANCE OR ELECTRICITY  SEC. 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity. 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. 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 Administrative Penalties Confiscation of catch including those not caught illegally if co- mingled with those caught illegally, gear, explosives and noxious or poisonous substances, electrofishing device or paraphernalia and gear 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 (no community service) 2. Php 300,000.00 for small scale commercial fishing 3. Php 1.5M for medium scale commercial fishing 4. 4. Php 3M for large scale cfv Judicial Penalties: 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. 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 electrofishing devices for illegal fishing. Imprisonment – 6 months Fine – Php 5,000.00 2. It shall be unlawful for any person to possess explosives, and noxious or poisonous substances for illegal fishing. Administrative Penalties: 1. Confiscation of catch and gear 2. Fine – 5 times the value of the catch or the amount indicated below, whichever is higher: ❑ Php 10,000.00 for municipal fishing ❑ Php 100,000.00 for small scale commercial fishing ❑ Php 500,000.00 for medium scale commercial fishing ❑ Php 1M for large scale commercial fishing Judicial Penalties: Imprisonment – 6 months to 2 years Fine – twice the amount of the administrative fine Confiscation of catch and gear  Chapter VI, Sec. 93 USE OF FINE MESH NET SEC. 93. Use of Fine Mesh Net. Fine mesh net – net with mesh size of less than 3 cm. measured between 2 opposite knots of a full mesh when stretched. Exception: Gathering of fry, glass eels, elvers, tabios and alamang and other species that by their nature are small but already mature. Administrative Penalties: Persons liable – owner, operator, captain, master fisherman, or municipal fisherfolk Confiscation of the catch and fishing gear 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 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 Judicial Penalties: 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  Mesh measurement MESH MEASUREMENTS. Length of mesh side What does fine mesh net means? Length of -net with mesh size less than mesh three (3) centimeters measured between two(2) opposite knots of a full mesh when stretched or as otherwise determined by Opening the appropriate government of mesh agency. MESH SIZE UNITS Measurements S Knots (K)= no. of knot in 6 inches S Inches= 12 K-1 1 INCHES 2 3 4 S cm = 30.48 5 6 K-1 S mm = 304.8 K-1 S a MESH MEASUREMENT CONVERSION TABLE No. of Inches Centimete Millimeter Knots per (in.) r (cm) (mm.) 6 inches 2 12.0 30.480 304.80 3 6.0 15.240 152.40 4 4.0 10.160 101.60 5 3.0 7.620 76.20 6 2.4 6.096 60.96 7 2.0 5.080 50.80 8 1.714 4.353 43.53 9 1.50 3.810 38.10  No. of Inches Centimete Millimeter Knots per (in.) r (cm) (mm.) 6 inches 10 1.33 3.378 33.78 11 1.20 3.048 30.48 12 1.090 2.768 27.68 13 1.0 2.540 25.40 14 0.923 2.344 23.44 15 0.857 2.177 21.77 16 0.80 2.032 20.32 17 0.75 1.905 19.05 18 0.705 1.791 17.91 19 0.666 1.692 16.92  Chapter VI, Sec. 94 FISHING IN OVEREXPLOITED FISHERY MANAGEMENT AREAS SEC. 94. Fishing in Overexploited Fishery Management Areas. It shall be unlawful for any person to fish in fishery management areas declared as overexploited. Administrative Penalties : 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 commercial fishing 3. 5 times the value of catch or Php 300,000.00 whichever is higher for medium scale commercial fishing 4. 5 times the value of the catch or Php 500,000.00 , whichever is higher for large scale commercial fishing Judicial Penalties: 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.  Chapter VI, Sec. 95 USE OF ACTIVE GEAR IN MUNICIPAL WATERS, BAYS, AND OTHER FISHERY MANAGEMENT AREAS  Active Fishing Gear – is a fishing device characterized by the pursuit of the target species by towing, pushing the gears, surrounding, covering, dredging, and scaring the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, paaling and drift gill net. Passive Fishing Gear – is characterized by the absence of pursuit of the target species; such as, but not limited to, hook and line, fishpots, traps and gill nets set across the path of the fish.  purse seines (sinsoro) Ring net (kub-kub) Figure 16. Trawl Danish seine  SEC. 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active gears. (FAO 201) Administrative Penalties: 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 Fine – 3 times the value of the catch or the value indicated below, whichever is higher: Judicial Penalties: Imprisonment – 2 yrs to 6 yrs. 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 Fine – twice the administrative fine Confiscation and forfeiture of fishing gear and catch.  Chapter VI, Sec. 96 BAN ON CORAL EXPLOITATION AND EXPORTATION  FISHERIES ADMINISTRATIVE ORDER NO. 202 BAN ON CORAL EXPLOITATTION 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. 54 *  Lace corals Stylasteridae spp Fire coral Brain coral Milleporidae spp Diploria labyrinthiformis Black corals Antipatharia spp Red coral Organ-pipe corals Corallium spp Tubiporidae spp  Confiscated corals at 57 Naga City, Cebu * SEC. 96. Ban on Coral Exploitation and Exportation It shall be unlawful for any person or corporation to gather possess, commercially transport, sell, export ordinary, semi- precious corals, whether raw or in processed form. exception: purely scientific or research purposes. It shall be unlawful for any person, corporation, or entity to commit any activity that damage coral reefs. Administrative Penalties: Persons liable – owner, operator, boat captain, master fisherman, and recruiter or organizer of the fishworkers 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  Judicial Penalties: Personsliable – 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 Theoffender shall be required to pay the cost of restoration of the damaged coral reefs based on available studies.  Chapter VI, Sec. 97 BAN ON MURO AMI, OTHER METHODS AND GEAR DESTRUCTIVE TO CORAL REEFS AND OTHER MARINE HABITAT 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 Penalties: 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. 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.  Judicial Penalties : 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 Fine – twice the administrative fine Confiscation of catch or substances and equipment or gear used.  Chapter VI, Sec. 98 ILLEGAL USE OF SUPERLIGHTS or Fishing Light Attractor Use of Superlight or Fishing Light Attractor. – The number and candle light power or intensity of superlight and fishing light attractor used in commercial fishing vessels shall be regulated by the Department: Provided, That the use of superlight is banned within municipal waters and bays. The use of fishing light attractor in municipal waters shall be regulated by the local government units.”  Use of superlights is prohibited in municipal waters. * Regulated in national waters (FAO 204) Administrative Penalties: Php 20,000.00 per superlight or fishing light attractor Confiscation of catch, superlight, or fishing light or gears If the offender is a municipal fisherfolk, he may render community service in lieu of fine Judicial Penalties : Imprisonment – 6 months to 2 years Fine – Php 40,000.00 per superlight Confiscation of catch and gears If the offender is a municipal fisherfolk, he may render community service in lieu of imprisonment Chapter VI, Sec. 99 CONVERSION OF MANGROVES SEC. 99. Conversion of Mangroves. It shall be unlawful for any person to convert mangroves into fishponds or for any other purpose. Upon a summary finding of administrative liability, the offender shall be penalized with a fine equivalent to the ecological value of a hectare of mangrove based on available studies or administrative fine of Ten million pesos (P10,000,000.00) per hectare, whichever is higher: Provided, That if the area requires rehabilitation or restoration as determined by the Department, the offender shall also be required to restore or pay for the restoration of the damaged area. Upon conviction by a court of law, the offender shall pay a base fine of Eighty thousand pesos (P80,000.00), a fine equivalent to the administrative penalties, and shall suffer the penalty of imprisonment of six (6) months and one (1) day to twelve (12) years: Provided, That if the area requires rehabilitation or restoration as determined by the court, the offender shall also be required to restore or pay for the restoration of the damage. The offender shall be liable for environmental damages computed at Five hundred thousand pesos (P500,000.00) per hectare per year until the area is restored.  Chapter VI, Sec. 100 FISHING DURING CLOSED SEASON  SEC. 100. Fishing During Closed Season. Closed season – the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area. (FAO 167-3 /Establishing close season for the conservation of sardines, and herrings and mackerels in the Visayan Sea)  Administrative Penalties: 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 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 Judicial Penalties : Imprisonment – 6 months and 1 day to 6 years Confiscation of catch and gear Fine – twice the administrative fine Cancellation of license or permit  Chapter VI, Sec. 101 FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES  SEC. 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries Administrative Penalties: 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. Community service in lieu of fine. 2. Php 200,000.00 for small scale commercial fishing 3.Php 600,000.00 for medium scale commercial fishing 4. Php 1M for large scale commercial fishing Judicial Penalties: Imprisonment – 2 years to 6 years Fine – twice the amount of the administrative fine Confiscation of catch and gear Cancellation of license or permit  Chapter VI, Sec. 102 FISHING OR TAKING OF RARE, THREATENED, OR ENDANGERED SPECIES  SEC. 102. Fishing or Taking of Rare, Threatened or Endangered Species 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 determined by the DA as such. (FAO 185, 185-1 dolphins, whales, porpoise; 193- whale sharks and manta rays; 208) shells clams and other species) Administrative Penalties : Fine – 5 times the value of the species or Php500,000.00 to Php 5M , whichever is higher Forfeiture of the species.  Judicial Penalties: Imprisonment – 12 years and I day to 20 years Fine – twice the administrative fine Forfeiture of the species Cancellation of the fishing permit 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 Administrative Penalties: Fine- 3 times the value of the species or Php 300,000.00 to Php 3M , whichever is higher Forfeiture of the species Judicial Penalties: Imprisonment – 5 years to 8 yrs. Fine – twice the administrative fine Forfeiture of the species 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 Penalties : Fine – 3 times the value of the species or Php 300,000.00 or Php 3M, whichever is higher. Forfeiture of the species Judicial Penalties: Imprisonment – 5 yrs. to 8 yrs. Fine – 3 times the value of the species or Php 3M , whichever is higher Forfeiture of the species  PROTECTED UNDER FAO 208 Bolma girgyllus Clypeomorus aduncus Recluzia lutea Separatista blainvilliana (Girgyllus star shell) (bent cerith) (recluzia snail) (true separatista) Malluvium lissus Variscospira crispata (deep sea cap) (network beak shell) Strombus thersites Tibia martini (thersite stromb) (Martini’s tibia)  Cypraea guttata Cypraea aurantiu Cypreae childreni Cypraea beckii (great spotted cowrie) (golden cowrie) (children’s cowrie) (Beck’s cowrie) Cypraea valentia Cypraea teramachii Phenacovolva dance Cypraea martini (Prince cowrie) (Teramachi’s (dance volva) (Martini’s cowrie) cowrie) PROTECTED UNDER FAO 208  Cypraea porteri Cypraea leucodo Cypraea saulae Cypraea katsue (porter’s cowrie) (white-toothed (Saul’s cowrie) (Katsue’s cowrie) cowrie) Cypraeacassis rufa Phalium coronadoi wyvillei Phalium glabratum (bullmouth helmet) (Wyville’s bonnet) glabratum(smooth bonnet) PROTECTED UNDER FAO 208  B. RARE SPECIES BIVALVES Eufistulana mumia Amusium (Club-shaped boring obliteratum clam) (Smudged moon scallop) PROTECTED UNDER FAO 208 B.THREATENED SPECIES  Section 97 , FAO 208 Gastropods Crabs Turbo marmoratus Trochus niloticus (Green snail/laong, (Smooth top bulatok) shell/samong) Birgus latro (coconut crab; umang, tatus)  Sections 97 (FAO 208) Endangered Species Whales and Dolphins Megaptera novaeangliae Grampus griseus (Humpback whale/balyena) (Risso’s Dolphin/lumba-lumba) CITES APPENDIX I CITES APPENDIX II Section 97 , FAO 208 Orcaella brevirostris Tursiops truncatus Irrawady Dolphin Long-Snouted Bottlenose Dolphin Lagenodelphis hosei Fraser's dolphin Steno bredanensis Rough-toothed dolphin  Section 97 , FAO 208 Mesoplodon densirostris Feresa attenuata Blainville's beaked whale pygmy killer whale Ziphius cavirostris Cuvier's beaked whale Peponocephala electra melon-headed whale  Section 97 , FAO 208 Orcinus orca killer whale, Balaenoptera brydei Pseudorca crassidens Bryde's whale false killer whale  Section 97 , FAO 208 , Balaenoptera physalus fin whale CITES Appendix I Megaptera novaeangliae humpback 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 Tridacna squamosa True Giant Clam, (Fluted scaly giant clam) Taklobo Tridacna crocea Boring Clam, Taklobo ,letlet 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.  Seahorses Hippocampus spp. Dried seahorses ALL SEAHORSES Protected under Section 97 RA 8550 and CITES Appendix II Humphead Wrasse (Mameng) Cheilinus undulatus (CITES Appendix II) and Section 97 RA 8550 Great white shark, Carcharodon carcharias Section 97, CITES Appendix II)  Cetaceans (dolphins) FAO 208 , FAO 185-1, Section 97 RA 8550 CITES Appendix II Sawfis hes 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  Joint operation of BFAR 7 & CIDG 7 in Punta Engaño (June 30, 2021) Helmet shell Triton shell locally known Tambuli Sharks Jaw Dried Whole Sea Turtle Organ Pipe Red Coral Helmet shell Clams (Tridacna spp) Helmet shell Premises of Bryan Arco  Tridacna spp Triton Shell Helmet shell Premises of Emilio Arco  Chapter VI, Sec. 103 CAPTURE OF SABALO SEC. 103. Capture of Sabalo and Other Breeders/Spawners. It shall be unlawful for any person to catch, gather, capture, or possess mature milkfish or sabalo. 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. Administrative Penalties : Fine - 5 times the value of the sabalo or Php 500,000.00, whichever is higher  Forfeiture of catch and gear Judicial Penalties: 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 of license  Chapter VI, Sec. 107 AQUATIC POLLUTION  Administrative Penalties: Fine – Php 300,000.00 to Php 500,000.00 and an additional fine of Php 15,000.00 per day until the violation ceases and fines are paid. Imposition of cease and desist order Closure or suspension of the development, construction or facility Cessation of operations or disconnection of water supply Judicial Penalties : Imprisonment – 6 yrs. and 1 day to 12 yrs. Fine- twice the amount of the administrative fine and an additional fine of Php 15K per  Chapter VI, Sec. 108 FAILURE TO COMPLY WITH MINIMUM SAFETY STANDARDS Failure to show proof of compliance with the safety standards (life saving devices) Administrative Penalties: Persons liable – boat captain and owner of commercial fv Fine – Php 100,000.00 Suspension or cancellation of permit or license Impoundment of the vessel until the safety standard has been complied with. Judicial Penalties: (bc and owner) Imprisonment – 1 month and 1 day to 6 months Fine – twice the amount of the administrative fine. Suspension or cancellation of permit or license Impoundment of the vessel until the safety standard has been complied with.  Chapter VI, Sec. 111 OBSTRUCTION TO NAVIGATON OR FLOW OR EBB OF TIDE IN ANY STREAM, RIVER, LAKE OR BAY It shall be unlawful for any person to cause obstruction to navigation or flow or ebb of tide. Administrative Penalties: Fine – Php 200,000.00 Dismantling of the obstruction, fish corrals/traps, fish pens or fish cages at the expense of the offender. Judicial Penalties: Imprisonment – 1 month and 1 day to 6 months Fine – twice the amount of the administrative fine Confiscation of stocks Dismantling of the obstruction, fish corrals/traps, fish pens or fish cages at the expense of the violator.  Chapter VI, Sec. 113 COMMERCIAL FISHING VESSELOPERATORS EMPLOYING UNLICENSED FISHERFOLK, FISHWORKERS OR CREW  Administrative Penalties: Fine – Php 4,000.00 for each unlicensed fisherfolk, fishworker or crew Suspension or revocation of license for commercial fishing It shall likewise be unlawful for Philippine flagged fishing vessels engaged in distant fishing to employ unlicensed fisherfolk or fishworker or crew. Administrative Penalties: Fine – Php 40,000.00 per fisherfolk, fisherfolk or crew Suspension or cancellation of license. Judicial Penalties : Fine – twice the amount of the administrative fine Suspension or cancellation of license  Chapter VI, 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 Penalties: Cancellation of license or permit Fine – Php 1M for fishing vessels operating in Philippine waters or Php 2M for fishing vessels operating beyond Philippine waters Judicial Penalties: Imprisonment – 6 months to 2 years Fine – twice the amount of the admin fine Cancellation of license or permit  Chapter VI, Sec. 120 CONSTRUCTING , IMPORTING, OR CONVERTING FISHING VESSELS OR GEARS WITHOUT PERMIT FROM DA (3-yr. moratorium)  Chapter VI, Sec. 121 USE OF UNLICENSED GEAR Fishing Gear – refers to any instrument or device and its accessories utilized in taking fish and other fishery species. (a)Active Fishing Gear – is a fishing device characterized by the pursuit of the target species by towing, pushing the gears, surrounding, covering, dredging, and scaring the target species to impoundments; such as, but not limited to, trawl, purse seines, Danish seines, paaling and drift gill net. (b) Passive Fishing Gear – is characterized by the absence of pursuit of the target species; such as, but not limited to hook and line, fishpots, traps and gill nets set across the path of the fish. It shall be unlawful for any person to use a fishing gear or method for commercial fishing without license. (issuance of CFVGL) Administrative Penalties : Fine – Php 200,000.00 to Php 500,000.00 per gear depending on the seriousness of the violation. Judicial Penalties: Fine – Php 400,000.00 to Php 1M depending on the seriousness of the violation.  Chapter VI, 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. Administration Penalties: 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 In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount indicated above. Judicial Penalties: Imprisonment – 2 years to 6 years Fine – twice the amount of the administrative fine Suspension or cancellation of the license  Chapter VI, Sec. 126 POSSESSING, DEALING IN OR DISPOSING ILLEGALLY CAUGHT OR TAKEN FISH 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 of any fish or species caught or taken in violation of the fishery laws. Administrative Penalties: Fine – Php 50,000.00 to Php 200,000.00 or 5 times the value of fish or species, whichever is higher Confiscation of the fish or species Judicial Penalties: 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. FISHERIES ADMINISTRATIVE ORDER NO.246-1 s. 2013 AMENDING FAO 246 BANNING THE OPERATION OF DANISH SEINE AND MODIFIED DANISH SEINE IN THE PHILIPPINE WATERS  FISHERIES ADMINISTRATIVE ORDER NO. 158 Prohibition on the gathering, taking, collecting, selling, transporting, or possessing for sale of mollusks belonging to the genus Triton or Charonia and Cassis  PROHIBITION ⭶It shall be unlawful for any person, natural or juridical, to gather, take, collect, trade, transport, and possess for sale mollusks of the genus Triton and Cassis: Penalty: Violation of any provision of this Order shall subject the offender to a fine of not less than P500, but not more than P5,000 or imprisonment form 6 months to 4 years, or both such fine and imprisonment in the discretion of the Court: Joint Operation of BFAR-7, PCG, PN, BOC & PNP-Maritime (May 22, 2012) 4 boxes 130 of trumpet shell, 135 boxes of helmet shell and * 20 boxes of sea  PROHIBITION ⭶It shall be unlawful for any person, natural or juridical, to gather, take, collect, trade, transport, and possess for sale mollusks of the genus Triton and Cassis: Penalty: Violation of any provision of this Order shall subject the offender to a fine of not less than P500, but not more than P5,000 or imprisonment form 6 months to 4 years, or both such fine and imprisonment in the discretion of the Court: