RA 10654 - BFAR Lecture on Philippine Fisheries Code PDF

The Philippine Fisheries Code of 1998, as amended by R.A 10654 MR. REMEGIO P. SALINAS Head, Training Section BUREAU OF FISHERIES AND AQUATIC RESOURCES National Marine Fisheries Development Center  Republic act no. 10654 AN ACT TO PREVENT, DETER & ELIMINATE ILL...

The Philippine Fisheries Code of 1998, as amended by R.A 10654 MR. REMEGIO P. SALINAS Head, Training Section BUREAU OF FISHERIES AND AQUATIC RESOURCES National Marine Fisheries Development Center  Republic act no. 10654 AN ACT TO PREVENT, DETER & ELIMINATE ILLEGAL, UNREPORTED & UNREGULATED FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998,” & FOR OTHER PURPOSES Philippine Fisheries Profile Philippine Waters 220 million hectares PHILIPPINE RISE 7x BIGGER THAN THE Total Land Area* BENHAM BANK *Land Area: 29, 817, 000 has Philippine Rise 24 Million HECTARES (11 M. within Exclusive Economic Zone plus 13 M. of Extended Continental Shelf) Global Attributed Losses 19 of the worldwide reported value = €10 billion/year % of catches Source: European Commission $10 - BILLION 23 per year Source: SOFIA 2014  Impacts of IUU Fishing 1. Serious threat to sustainable fishing  $10-23B in global economy 14-33% of the global seafood catch 11-26MT per year 2. Damages the marine environment 3. Affects socio-economic conditions Creates unfair competition against legitimate fishers Efforts to address IUU Fishing 2001 The Int’l Plan of Action (IPOA) on IUU Fishing The Food and Agriculture Organization (FAO) adopted the IPOA (a voluntary instrument) which aims to prevent, deter & eliminate IUU fishing by providing all states with comprehensive, effective & transparent measures by which to act, including through appropriate RFMOs established in accordance with international law. 2013 National Plan of Action (NPOA) on IUU Fishing - 06 December 2013 - the Phil. established its NPOA on IUU fishing thru Executive Order No. 154. Part of the commitment under the NPOA is to review & revise RA No.  IPOA Guidelines to address IUU Fishing National legislation should address: 1. All aspects of IUU fishing 2. Evidentiary standards and admissibility including, as appropriate, the use of electronic evidence and & technologies 3. Ensure that sanctions for IUU fishing by vessels & nationals are of sufficient severity to effectively prevent, deter & eliminate IUU fishing and to deprive offenders of the benefits accruing from such fishing. This may include the adoption of a civil sanction regime based on an administrative penalty scheme.  IPOA Guidelines to address IUU Fishing 4. States should undertake comprehensive and effective Monitoring, Control and Surveillance of fishing from its commencement, through the point of landing, to final destination 5. National legislation should include flag state responsibilities such as registration. 6.National legislation may provide for internationally agreed market-related measures  TIMELINE REPUBLIC ACT NO. 10654 P Passed the U consolidati EFFECTIVI B on of LAPSE TY DATE IRR L IRR Senate Bill RA10654 I D INTO SIGNE S EFFECTIVI No. 2414 & LAW D TY House Bill H No. 4536 E D 12-01 02-27 03-24 09-23 09-25 10-10 2014 2015  BASES Constitution Republi c Acts Legal Moral Administrative Presidential Orders/Circulars/ Ordinances Decrees Memorandums HIERARCHY OF PHILIPPINE LAWS The 1987 Philippine Constitution National laws & Int’l Treaties/Agreements (e.g. Acts, Commonwealth Acts, Batas Pambansa, RAs, PDs & Executive Orders, UNCLOS, CCRF) Administrative Issuances to implement National Laws (e.g. Presidential Proclamations, Letters of Instruction, Executive Orders, AOs and MCs) Ordinances by Local Government Units (May supplement but must not contradict, any national law)  Vital Concepts General Characteristics of Penal Laws : Generality, Territoriality, and Prospectivity Mala in se vs. Mala Prohibita/ Its application in Fishery Laws that are penal in nature Doctrine of Pro Reo Effect of a subsequent repeal of penal laws Jurisdiction vs. venue in criminal proceedings/ Its effect on the issue on delineation of municipal waters  Art. 13, Sec. 7 Art 12, Art. 3, Sec 1 Sec. 2 Art. 2, Sec. 16 Article XII, Section 2. All lands of the public domain, waters, minerals, coal, petroleum, & other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora & fauna, & other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated.  The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, & exclusive economic zone, & reserve its use & enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small- scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen & fish workers in rivers, lakes, bays, & lagoons… Article II, Section 15. The State shall protect & promote the right to health of the people & instill health consciousness among them. Article II, Section 16. The State shall protect & advance the right of the people to a balanced & healthful ecology in accord with the rhythm & harmony of nature. Article XIII, Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine & fishing resources, both inland & offshore… Article II. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.  DECLARATION OF POLICY  Food security 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 in order to provide the food needs of the population   Exclusive use of resources by Filipinos (b) to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens   Protection of the preferential rights of the marginal fisherfolks (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. x x x x (e) to provide support to the fishery sector, primarily to the municipal fisherfolk, including women and youth sectors, through appropriate technology and research, adequate financial, production, construction of post-harvest facilities, marketing assistance, and other services. x   Sustainabilit y  Conservation (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) and in the adjacent high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the quality of the environment. The Philippines shall pursue its commitment to international conventions & cooperate with other states and international bodies, in order to conserve & manage threatened aquatic species, straddling & highly migratory fish stocks & other  APPLICATION OF ITS PROVISIONS 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 Regional Fisheries Management Organization (RFMO), in the high seas, or in waters of other coastal states. RFMO - multi-lateral organization with responsibility to coordinate management and establish conservation and management measures for highly migratory fish stocks, fish stocks that straddle national fisheries management boundaries and other high seas species.  JURISDICTIONS The Department of Agriculture-Bureau of Fisheries & Aquatic Resources (DA-BFAR), in cooperation with concerned national agencies, shall have the responsibility and jurisdiction in the management, conservation, development, protection, utilization, and disposition of all fisheries & aquatic resources of the country, and all Philippine flagged fishing vessels operating in areas governed by a Regional Fisheries Management Organization (RFMO), in the high seas, or in waters of other coastal states. In municipal waters, the DA-BFAR may coordinate with and assist the Local Government Units (LGU’s), FARMC’s, IFARMC’s, and other government agencies concerned in the development, conservation, protection, utilization and management of fisheries and aquatic resources.  AUTHORITY TO ENFORCE Section 158. Persons and Deputies Authorized to Enforce this Code & Other Fishery Laws, Rules & Regulations. The law enforcement officers of the Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs & other government enforcement agencies, are hereby authorized to enforce this Code & other fishery laws, rules & regulations. Other competent government officials & employees, punong barangays & officers & members of fisherfolk associations who have undergone training on law enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement of this Code & other fishery laws, rules & regulations.  Law Enforcement Officers DA-BFAR Philippine Navy Philippine Coast Guard Philippine National Police (PNP) PNP-Maritime Command LGUs law enforcement officers & Other government enforcement agencies Sec. 158 The law enforcement officers of the Department, the Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNP-Maritime Command, law enforcement officers of the LGUs & other government enforcement agencies, are hereby authorized to  Deputy Fish Wardens Government officials & employees, Punong barangays Officers & members of fisherfolk associations Competent Trained on law enforcement Designated in writing by DA as deputy fish wardens Other competent government officials & employees, punong barangays & officers & members of fisherfolk associations who have undergone training on law enforcement may be designated in writing by the Department as deputy fish wardens in the enforcement of this Code  RA 10654/ IRR PROHIBITIONS & PENALTIES 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  SECTION 86 UNAUTHORIZED FISHING SECTION 86: UNAUTHORIZED FISHING (a) Unlawful to capture or gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery species or fishery products without license or permit from the DA or LGU. SECTION 86: UNAUTHORIZED FISHING (b) Unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. SECTION 86: UNAUTHORIZED FISHING Fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes is allowed SECTION 86: UNAUTHORIZED FISHING Except in cases specified under this Code, it is unlawful for any commercial fishing vessel to fish in municipal waters. Prima facie presumption of unauthorized fishing:  Discovery of any person in possession of a fishing gear or operating a fishing vessel in a fishing area where he has no license or permit.  The prima facie presumption will not apply if the gear of the vessel is not engaged in fishing or deployed, or in cases of authorized and supervised sea and net trials: provided, that there is prior authorization for such sea and net trials granted by the BFAR Central Office and Regional Offices. SECTION 86: UNAUTHORIZED FISHING Liability Persons Penalty Liable Administrati Boat Confiscation of Catch and Gear ve Captain Fine 5x the value of the catch or 3 Highest fine whichever is higher: Officers Small Scale- P50K to P100K Owner or Medium Scale-P150k to P500K operator Large Scale-P1M to P5M Criminal Boat Imprisonment of 6 mos. Captain and Confiscation of catch and gear and 3 highest 2x the administrative fine Officers SECTION 86: UNAUTHORIZED FISHING  (b) Unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. Person Liable Administrative Penalty Person not listed in registry 2x the value of catch or P5K of Municipal Fisherfolk whichever is higher or community service, if applicable confiscation of the catch and fishing gear  SECTION 87 ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES CTION 87: ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES  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. CTION 87: ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES  The discovery of any person engaging in any of the above activities without a lease, license or permit shall constitute a prima facie presumption that the person is engaged in unauthorized fisheries activity. CTION 87: ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES  Fish Corral CTION 87: ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES Liability Persons Penalty Liable Administrati Person P500K to P1M ve without a Dismantling and removal of the license, structures at the expenses of the lease or offender permit Rehabilitation of the area and confiscation of stocks Criminal Person Imprisonment: 6 mos. without a Fine: 2x the administrative fine license, Dismantling and Removal of the lease or structures at the expenses of the permit offender Rehabilitation of the area and confiscation of stocks  SECTION 88 FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN DISTANT WATER FISHING SECTION 88: FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN DISTANT WATER FISHING (a) Unlawful for any person to fish in the high seas, in the territorial seas, archipelagic waters, and Exclusive Economic Zones of other states using a Philippine flagged fishing vessel without first securing a fishing permit from the Department and authorization from the coastal state. SECTION 88: FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN DISTANT WATER FISHING (b) Unlawful for an owner or operator, and the 3 highest officers, of a commercial fishing vessel to commit acts that are in contravention of the terms and conditions stated in the fishing permit or as may be promulgated by the Department. SECTION 88: FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN DISTANT WATER FISHING Discovery of any person in possession of a fishing gear or operating a fishing vessel in the abovementioned areas without a fishing permit from the Department or authorization from the coastal state shall constitute a prima facie presumption that the person is in violation of this provision. The fishing vessel/company that was able to obtain a fishing license/permit to conduct fishing in the waters of another coastal state shall submit a copy of such license/permit to fish to the DA- BFAR, within 30 days from the actual receipt of the license. Upon failure of the grantee to explain the reason for the non- compliance, within thirty 30 calendar days from receipt of the demand from DA-BFAR, the company will be subjected to administrative action in accordance with law. Atty. Asis G. Perez Senior Adviser, Tanggol Kalikasan In-country Representative, International Technical Assistance Progra United States Department of the Interior SECTION 88: FAILURE TO SECURE FISHING PERMIT PRIOR TO ENGAGING IN DISTANT WATER FISHING Liability Persons Penalty Liable Administrative Owner or Confiscation of catch and gear Operator Fine: 5x the value of the catch or 3 Highest whichever is higher: Officers Small Scale-P2M to P9M Medium Scale-P10M to P15M Large Scale 750GT-P25M to P45M Criminal 3 Highest Imprisonment-6 mos. Officers Fine-2x the administrative fine Confiscation of catch and gear  SECTION 89 UNREPORTED FISHING SECTION 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.  2 TYPES OF UNREPORTED FISHING: 1. within waters of national jurisdiction 2. in waters beyond national Jurisdiction SECTION 89: UNREPORTED FISHING The owners and operators of commercial fishing vessels issued with CFVL by the DA-BFAR shall comply with the reportorial requirements provided in Section 38 of this Code. The owners and operators of distant water fishing vessels issued with distant water fishing permits shall comply with: a.) the reportorial requirements of the coastal state or the relevant RFMO, and b.) the reportorial requirements provided in Section 38 of this Code. SECTION 89: UNREPORTED FISHING SEC. 38. Reportorial Requirements Each commercial. fishing vessel shall keep a daily record of: 1. fish catch and spoilage, 2. landing points, and 3. quantity and value of fish caught; and off-loaded for transhipment, sale and other disposal. The detailed information shall be duly certified by the vessel's captain and transmitted to BFAR within the period prescribed SECTION 89: UNREPORTED FISHING PENALTIES: (a) Within national jurisdiction: Persons Liable Administrative Penalty Owner or operator of Fine equivalent to value of municipal or commercial catch or fishing vessel Municipal Fishing-P5k or 3 Highest Officers community service, if applicable Small Scale-P100K Medium Scale-P200K Large Scale-P500K  SECTION 90 UNREGULATED FISHING SECTION 90: UNREGULATED FISHING  Unlawful for any person to engage in unregulated fishing in waters within and beyond national jurisdiction 2 T Y P E S O F U N R E G U L AT E D F I S H I N G : 1.Within waters of national jurisdiction 2. In waters beyond national jurisdiction SECTION 90: UNREGULATED FISHING 1. Unregulated Fishing 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. SECTION 90: UNREGULATED FISHING 2. In waters beyond national jurisdiction: - Unregulated fishing committed in waters beyond national jurisdiction, by a Filipino or a Filipino corporation, shall be prosecuted exclusively by the Philippine government. -If the unregulated fishing was committed in a coastal state, there shall be concurrent jurisdiction for purposes of prosecution. SECTION 90: UNREGULATED FISHING PENALTIES: (a) Within waters of national jurisdiction: Persons Liable Administrative Penalty Owner or operator of FINE municipal or commercial Municipal Fishing-P5K or fishing vessel community service, if applicable 3 highest officers Small Scale-P100K Medium Scale-P200k Large scale-P500k SECTION 90: UNREGULATED FISHING PENALTIES: (b) In waters beyond national jurisdiction: Liability Persons Penalty Liable Administrati Owner Fine-5x the value of catch or amount ve Operator indicated, whichever is higher: 3 Highest Small Scale-P2M to P9M Officers Medium Scale-P10M to P15M Large Scale 750Gt-P25M to P45M Criminal 3 Highest Imprisonment: 6 mos. Officers Fine: 2x Administrative fine Confiscation of catch and gear  SECTION 91 POACHING IN PHILIPPINE WATERS ECTION 91: POACHING IN PH WATERS Unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie presumption that the vessel is engaged in fishing in Philippine waters. ECTION 91: POACHING IN PH WATERS  Prima Facie Presumption of Poaching. – The entry of any foreign fishing vessel (FFV) in the Philippine waters shall constitute a prima facie presumption that the vessel is engaged in poaching in Philippine waters under the following circumstances: a. Entry of an FFV into Philippine waters under the following circumstances: i. Navigating with its fishing gear deployed and/or not stowed; ii. Navigating with an irregular track or route; iii. Navigating through Philippine territorial waters without prior notice to, clearance of, or permission from the appropriate Philippine authority; iv. Navigating in a manner that does not qualify as innocent passage nor navigating outside traditional routes or in identified fishing grounds; or v. Navigating without flying its national flag. ECTION 91: POACHING IN PH WATERS  Prima Facie Presumption of Poaching. – The entry of any foreign fishing vessel (FFV) in the Philippine waters shall constitute a prima facie presumption that the vessel is engaged in poaching in Philippine waters under the following circumstances: a. Entry of an FFV into Philippine waters under the following circumstances: i. Navigating with its fishing gear deployed and/or not stowed; ii. Navigating with an irregular track or route; iii. Navigating through Philippine territorial waters without prior notice to, clearance of, or permission from the appropriate Philippine authority; iv. Navigating in a manner that does not qualify as innocent passage nor navigating outside traditional routes or in identified fishing grounds; or v. Navigating without flying its national flag. ECTION 91: POACHING IN PH WATERS b. When an FFV is found within Philippine waters: i. Under the circumstances enumerated in the previous paragraph; ii. Lying-to or anchoring without any valid reasons or circumstances that may indicate the existence of force majeure, distress, or for the purpose of rendering assistance to persons, ships or any sea craft that is endangered or in distress; iii. Lying-to, anchoring at, or anchoring near to or within known fishing grounds or marine protected areas. c. When an FFV, after having been inspected within Philippine waters, in accordance with the procedures set forth in this IRR, is found to contain freshly caught fish, corals or mollusks, on deck or in storage. ECTION 91: POACHING IN PH WATERS Exceptions to the prima facie presumption of the existence of poaching: a. Exercise of right of innocent passage by an FFV, provided that the FFV has secured entry clearance from the Department of Foreign Affairs (DFA) or its duly designated agency before entering Philippine territorial waters, and notified the Bureau of Immigration (BI) and DA-BFAR of the name of the vessel, its registry number, its last port of call, the names of its skipper and all its crew and their nationalities; ECTION 91: POACHING IN PH WATERS Exceptions to the prima facie presumption of the existence of poaching: b. Passage for purposes of dry docking, servicing, or unloading of catch by foreign flagged catcher vessels, provided, the 24-hour prior entry notification shall be complied with in accordance with Port State Measures; c. In case of duly authorized marine scientific research using an FFV; d. an FFV taking shelter or having been drifted in Philippine waters as a result of force majeure or distress; ECTION 91: POACHING IN PH WATERS Exceptions to the prima facie presumption of the existence of poaching: e. an FFV entering Philippine waters for reason of rendering assistance to persons, ships or aircraft in danger or distress; f. In case of duly organized and established game or leisure fishing conducted by foreign nationals. In cases falling under (d) and (e), the FFV is required to issue distress signal/call or notify the competent authority prior to entry in Philippine waters ECTION 91: POACHING IN PH WATERS Liability Persons Penalty Liable Administrativ Foreign Fine- e person, US$600K to corporation or US$1M or its entity who equivalent in conducted Philippine No foreign person shall fishing currency be deported without activities in the payment of the Philippine imposed judicial and/or waters administrative fines Criminal Foreign Fine- and service of person, US$1.2M or sentence, if any. corporation or its equivalent entity who in Philippine conducted currency fishing Confiscation ECTION 91: POACHING IN PH WATERS Additional Penalties if poaching is committed within internal Liabilit waters: Persons Penalty y Liable Criminal Foreign person Additional penalty: No foreign person or corporation Imprisonment - 6 shall be deported or entity caught mos. and 1 day to without the within internal 2 yrs and 2 mos. payment of the waters imposed judicial * If apprehended and/or for the 2nd time administrative within internal fines and service waters: of sentence, if any. Imprisonment of 3 yrs. Fine- US$2.4M or its equivalent in Philippine  SECTION 92 FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, OR ELECTRICITY CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY a. Unlawful to catch, take or gather or cause to be caught, taken or gathered fish or any fishery species in Philippine waters with the use of explosives, noxious or poisonous substance such as sodium cyanide, which will kill, stupefy, disable or render unconscious fish or fishery species Unlawful to use electrofishing devices for fishing CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY b. Unlawful for any person to possess explosives, and noxious or poisonous substances for illegal fishing CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY The use of poisonous or noxious substances to catch, take or gather fish or fishery species may be allowed for research, educational or scientific purposes, subject to safeguards and conditions set by the Department and endorsement from the concerned LGU The use of poisonous or noxious substances to eradicate predators and pests in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact in neighbouring waters and grounds shall not be construed as illegal fishing. CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY  Prima Facie Presumption Discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous substances, or equipment or device for electrofishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute a prima facie presumption that any of these devices was used for fishing in violation of this Code. Discovery in any fishing vessel of fish caught or killed with the use of explosives, noxious or poisonous substances, or by electricity shall constitute a prima facie presumption that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof. CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY  Only fish examiners duly authorized by DA-BFAR shall be qualified to determine that the fish are caught by explosives.  Only testing laboratories accredited by the Philippine Accreditation Office and recognized by the DA-BFAR are qualified to determine if the fish are caught by noxious or poisonous substances. The recognition scheme developed by DA-BFAR for government and private testing laboratories shall be adopted. CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY PENALTIES: USE OF ELECTROFISHING DEVICES Person Liable Criminal Penalty Person in actual use of Imprisonment-6 yrs. electrofishing device Fine-P5K CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY PENALTIES: A) Use of explosives, noxious or poisonous substance inLiability fishing Person Penalty Liable Administrative Person found Confiscation of: in the actual 1. catch including those not caught use of illegally if co-mingled with those explosives, caught illegally, noxious or 2. gear, explosives and noxious or poisonous poisonous substances, or substances electrofishing devices and paraphernalia and gear, a 3. Fine equivalent to 5x the value of the catch or the amount of fine indicated below whichever is higher: Municipal fishing- P30k Small Scale-P300K CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY PENALTIES: A) Use of explosives, noxious or poisonous substance in fishing Persons Liable Penalty Liability Criminal Person found in Imprisonment-5 to 10 years the actual use Confiscation of: of explosives, 1. catch, including those not caught noxious or illegally if co-mingled with those poisonous caught illegally substances 2. gear, explosives and noxious or poisonous substances, or electrofishing devices and paraphernalia, gear Fine: 2x 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. CTION 92: FISHING THROUGH EXPLOSIVES, NOXIOUS O POISONOUS SUBSTANCE, OR ELECTRICITY PENALTIES: B) Possession of explosives, noxious, or poisonous substances for illegal fishing: Liability Persons Liable Penalty Administrative Person in Confiscation of catch and gear possession of Fine-5x the value of catch or amount explosives, indicated whichever is higher: noxious or Municipal-P5K poisonous Small Scale-P100K substances for Medium Scale-P500K illegal fishing Large Scale-P1M Imprisonment-6 mos. to 2 yrs. Criminal Fine-2x the Administrative fine Confiscation of catch and gear.  SECTION 93 USE OF FINE MESH NET SECTION 93: USE OF FINE MESH NET  Unlawful to fish using nets with mesh smaller than that which may be determined by the Department  The prohibition on the use of fine mesh net shall not apply to the gathering of : fry, glass eels, elvers, tabios, and alamang and other species that by their nature are small but already mature, as identified in the implementing rules and regulations by the Department. SECTION 93: USE OF FINE MESH NET  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. SECTION 93: USE OF FINE MESH NET EXCEPTIONS – The use of fine mesh net shall be allowed through a specific gear license or permit granted for this purpose, only in the following circumstances: 1. If the net is used to catch: a) Padas (Siganidae), bangus fry (Chanos chanos), sugpo fry (Penaeidae), banak fry (Mugilidae), glass eels and elvers (Anguilidae) and such other immature species for culture purposes; b) Aquarium/ornamental animals; and c) Other species already mature such as, but not limited to, alamang (Acetes spp.), tabios (Pandaca pygmea), sinarapan (Mistichthys luzonensis), dilis (Engraulidae), and snails (Ampularia luzonica and Vivipora spp.).  SECTION 93: USE OF FINE MESH NET EXCEPTIONS – The use of fine mesh net shall be allowed through a specific gear license or permit granted for this purpose, only in the following circumstances: 2. In cases of ring nets, purse seines for sardines, mackerels and scads, and bagnets, wherein the mesh size is 1.9 centimeters (17 knots), measured between two opposite knots of a full mesh when stretched: provided, however, that the operator is required to take measures to ensure that no juvenile will be caught SECTION 93: USE OF FINE MESH NET Liability Person Administrative Liable Administrati Owner, Confiscation of catch and fishing ve operator, gear captain, Fine- 3x the value of catch or Municipal amount indicated whichever is higher: fisherfolk Municipal- P20K or community service, if applicable Small Scale-P50K Medium Scale-P100K Large Scale-P200K Criminal Captain or Confiscation of catch and gear master Imprisonment-6 years fisherman Fine-2x the administrative fine Municipal  SECTION 94 FISHING IN OVEREXPLOITED FISHERY MANAGEMENT AREAS SECTION 94: FISHING IN OVEREXPLOITED FISHERY MANAGEMENT AREAS Unlawful for any person to fish in fishery management areas declared as overexploited. The DA-NFRDI and DA-BFAR, in coordination with concerned stakeholders, LGUs and other government agencies, whenever appropriate, shall continue to conduct resource assessments in fishery management areas to determine whether they are overexploited, and to declare them as such. SECTION 94: FISHING IN OVEREXPLOITED FISHERY MANAGEMENT AREAS Person Liable Administrative Criminal Person caught Confiscation of catch Imprisonment- 6 mos. fishing in FMAs and gear & 1 day to 6 yrs. declared as Fine: Whichever is Fine- P500K to P5M overexploited higher Confiscation of catch Municipal-3x value of and fishing equipment catch or used P20K ,community Cancellation of permit service, if applicable or license Small Scale-5x value of catch or P100K Medium Scale - 5x value of catch or P300K  SECTION 95 USE OF ACTIVE GEAR IN MUNICIPAL WATERS, BAYS & OTHER FISHERY MANAGEMENT AREAS : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS  Unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Exceptions: 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 : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS EXC EP TI O N S: 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 : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS EXC EP TI O N S: The following gears are not covered by the prohibition: 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. : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS SUD-SUD OR PUSH NET : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS The municipal or city government, may, authorize or permit small and medium commercial fishing vessels to operate within the 10.1 to 15 kilometer area from the shore line in municipal waters provided, that all the following are met: a. No commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency; - The boundaries of the allowable areas for commercial fishing must be established. The municipality and city government may seek the assistance of the Department and/or the National Mapping and Resource Information Authority (NAMRIA) in establishing the boundaries and isobath depth of waters; : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS The municipal or city government, may, authorize or permit small and medium commercial fishing vessels to operate within the 10.1 to 15 kilometer area from the shore line in municipal waters provided, that all the following are met: b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department; -In addition to passive gears, small and medium commercial fishing vessels, may be allowed to use active gears such as purse seine or "pangulong", ring net or "taksay" and such other gears that do not touch the sea bottom. : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS The municipal or city government, may, authorize or permit small and medium commercial fishing vessels to operate within the 10.1 to 15 kilometer area from the shore line in municipal waters provided, that all the following are met: c. prior consultation, through public hearing, with the M/CFARMC has been conducted to present the following: (1) a map showing the areas of the municipal waters where small and medium commercial fishing vessels may be allowed to operate; (2) the type of fishing vessels and gears that may be allowed in such waters; and (3) the draft municipal fisheries ordinance permitting such commercial fishing operations : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS The municipal or city government, may, authorize or permit small and medium commercial fishing vessels to operate within the 10.1 to 15 kilometer area from the shore line in municipal waters provided, that all the following are met: d. The applicant vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate agency as not having violated this Code, environmental laws and related laws. e. Enact appropriate municipal fisheries ordinance. In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in an environmentally critical condition and during closed season. : USE OF ACTIVE GEAR IN MUNICIPAL WATERS, AYS & OTHER FISHERY MANAGEMENT AREAS Person Liable Administrative Criminal Owner, Confiscation of Confiscation and operator, catch and fishing forfeiture of fishing boat captain, gears gears and catch master fisherman Fine- 3x the value Imprisonment -2 yrs. of the vessel or the of the catch value to 6 yrs. chief executive indicated whichever Fine-2x the officer in a is higher: administrative fine corporation or the Municipal- P20K managing partner community service, in a partnership if applicable Small Scale-P50K Medium Scale-P100K Large Scale-P500K  SECTION 96 BAN ON CORAL EXPLOITATION AND EXPORTATION SECTION 96: BAN ON CORAL EXPLOITATION AND Unlawful for any person or EXPORTATION corporation to gather, possess, commercially transport, sell or export ordinary, semi-precious and precious corals, whether raw or in processed form, except for scientific or research purposes. Unlawful for any person, corporation or entity to commit any activity that damage coral reefs. SECTION 96: BAN ON CORAL EXPLOITATION AND EXPORTATION Coral farming or propagation shall only be allowed through the issuance of an Aquatic Wildlife Farm Permit by the Department. Commercial coral farming or propagation shall only be allowed if undertaken simultaneously with conservation breeding or propagation. Value of the Corals- based on the value of its ecosystem services as may be later on determined or other bases as may be appropriate SECTION 96: BAN ON CORAL EXPLOITATION AND EXPORTATION Coral farming or propagation shall only be allowed through the issuance of an Aquatic Wildlife Farm Permit by the Department. Commercial coral farming or propagation shall only be allowed if undertaken simultaneously with conservation breeding or propagation. Value of the Corals- based on the value of its ecosystem services as may be later on determined or other bases as may be appropriate SECTION 96: BAN ON CORAL EXPLOITATION Liability AND PersonsEXPORTATION Liable Administrativ Owner/operator of Fine-8x the of value of the e the fishing vessel/s, corals or P500K to P10M boat captain, whichever is higher master fisherman, Forfeiture of subject corals and Payment of compensation for recruiter or the restoration of damaged organizer of coral reef fishworkers Criminal Boat captain, Imprisonment-10 yrs to 20 yrs. master fisherman, Fine- 2x the administrative fine and Forfeiture of the subject corals. recruiter or Pay the cost of restoration of organizer of the damaged coral reefs based fishworkers on available studies and as determined by the Department  SECTION 97 BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT  A) 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 by the Department.  ‘Muro-ami’ and any of its variation, and such similar gears and methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT B) Except in cases allowed by law, it is unlawful for any person, natural or juridical, to gather, possess, commercially transport, sell or export coral sand, coral fragments, coral rocks, silica, and any other substances which make up any marine habitat. SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT 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; & b. Danish Seine and modified Danish Seine. SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT P E N A LT I E S : A) fish with gear or method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department Liability Persons Liable Administrative owner, Fine- 5x the value of the operator, fish caught or P2M boat captain, whichever is higher master fisherman, and Confiscation of catch recruiter or organizer of and gear fishworkers Criminal boat captain, Imprisonment- 2 years master fisherman, and to 10 years recruiter or organizer of Fine- 2x the amount of fishworkers the administrative fine SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT P E N A LT I E S : Muro-ami’ and any of its variation, and such 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 Persons Liable Administrative Fishworkers who serve as Fine-P20K or community pounders service if applicable SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT P E N A LT I E S : Gather, possess, commercially transport, sell or export coral sand, coral fragments, coral rocks, silica, and any other substances which make up any marine habitat Persons Liable Administrative Criminal Person or Fine -P5M or 5x the value Imprisonment- 2 yrs. corporation of the coral rocks, sand, or to 10 yrs. silica gathered, possessed, Fine- 2x the commercially transported, administrative fine, sold, or exported, Confiscation of catch whichever is higher, or substances and confiscation of the equipment or gear used substance. SECTION 97: BAN ON MURO-AMI, OTHER METHODS & GEAR DESTRUCTIVE TO CORAL REEFS & OTHER MARINE HABITAT P E N A LT I E S : Gather, possess, commercially transport, sell or export coral sand, coral fragments, coral rocks, silica, and any other substances which make up any marine habitat Persons Liable Administrative Criminal Person or Fine -P5M or 5x the value Imprisonment- 2 yrs. corporation of the coral rocks, sand, or to 10 yrs. silica gathered, possessed, Fine- 2x the commercially transported, administrative fine, sold, or exported, Confiscation of catch whichever is higher, or substances and confiscation of the equipment or gear used substance.  SECTION 98 ILLEGAL USE OF SUPERLIGHTS OR FISHING LIGHT ATTRACTOR SECTION 98: ILLEGAL USE OF SUPERLIGHTS OR FISHING LIGHT ATTRACTOR Unlawful to engage in fishing with the use of: superlight in municipal waters, or to fish with fishing light attractor using candlelight power or intensity beyond the standards set by the Department in consultation with the LGUs for fishing in municipal waters, or in violation of the rules promulgated by the Department for fishing with the use of superlight or fishing light attractor outside municipal waters SECTION 98: ILLEGAL USE OF SUPERLIGHTS OR FISHING LIGHT ATTRACTOR Persons Liable Administrative Criminal Offender who used Fine-P20K/per Imprisonment- 6 Fishing Light Attractor superlight or fishing months to 2 years light attractor, Fine- P40K/superlight Confiscation of catch, or fishing light superlight or fishing attractor, Confiscation light attractor and gear. of catch, superlight or fishing light attractor * If the offender is a and gears. municipal fisherfolk, he may render community *If the offender is a service in lieu of fine. municipal fisherfolk, he may render community service in lieu of fine or imprisonment.  SECTION 99 CONVERSION OF MANGROVE SECTION 99: CONVERSION OF MANGROVE It shall be unlawful for any person to convert mangroves into fishponds or for any other purpose. The prohibition on conversion does not apply to any of the following: A. Areas covered by Fishpond Lease Agreements (FLA), Aquasilviculture Stewardship Contract (ASC) or Gratuitous Permit and other tenurial instruments; B. Private property not classified as mangrove forest; and C. Development activities duly SECTION 99: CONVERSION OF MANGROVE Persons Administrative Criminal Liable Persons Fine- equivalent to Base fine: P80K or a who the ecological value of fine equivalent to the converted a hectare of mangrove administrative mangroves based on available penalties, into studies or Imprisonment - 6 fishponds or fine -P10M/ hectare, months and 1 day to 12 for other whichever is higher years purposes Restore or pay for Restore or pay for the the restoration of the restoration of the damaged area. damage. Environmental damages- P500K per hectare/year until the area is restored.  SECTION 100 FISHING DURING CLOSED SEASON SECTION 100: FISHING DURING CLOSED SEASON It shall be unlawful to fish during closed season The DA-NFRDI and DA- BFAR, in coordination with the concerned stakeholders, LGUs and other government agencies, whenever appropriate, shall conduct resource assessments to determine whether there is a need to establish or continue declaring a closed season for fishing or for the use of some fishing gears and/or methods for some fishery SECTION 100: FISHING DURING CLOSED SEASON Persons Liable Administrative Criminal Person who Confiscation of catch Imprisonment-6 conducted and gear months and 1 day fishing in an area Fine: whichever is to 6 years where a close higher Confiscation of season was Municipal -3x the catch and gear declared value of the catch, or Fine- 2x the P20K or community administrative fine service, if applicable Cancellation of Small Scale -5x the License or permit value of catch or P100K Medium Scale -5x the value of the catch or P300K Large Scale-5x the value of the catch or P500K  SECTION 101 FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES SECTION 101: FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES Unlawful to fish in marine protected areas, fishery reserves, refuge, or fish sanctuaries as declared by the Department or the LGUs. SECTION 101: FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES Persons Administrative Criminal Liable Person who Confiscation of catch and Imprisonment-2 conducted gear yrs to 6 yrs fishing in Fine-2x the value of catch Fine- 2x the Marine or amount indicated, administrative fine Protected whichever is higher Confiscation of Areas, Fishery Municipal -P20K or catch and gear Reserves, community service if Cancellation of Refuge and applicable License Sanctuaries Small Scale -P200K Medium Scale -P600K Large Scale -P1M SECTION 101: FISHING IN MARINE PROTECTED AREAS, FISHERY RESERVES, REFUGE AND SANCTUARIES Persons Administrative Criminal Liable Person who Confiscation of catch and Imprisonment-2 conducted gear yrs to 6 yrs fishing in Fine-2x the value of catch Fine- 2x the Marine or amount indicated, administrative fine Protected whichever is higher Confiscation of Areas, Fishery Municipal -P20K or catch and gear Reserves, community service if Cancellation of Refuge and applicable License Sanctuaries Small Scale -P200K Medium Scale -P600K Large Scale -P1M  SECTION 102 FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES (A) Unlawful to fish or take, catch, gather, sell, purchase, possess, transport, export, forward or ship out: 1. aquatic species listed in Appendix I of the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES), or 2. those categorized by the International Union for Conservation of Nature and Natural Resources (IUCN) as threatened and determined by the Department as such. SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES CITES Appendix I Species Humpback whale Irawaddy dolphin (Orcaella (Megaptera brevirostris ) novaeangliae) SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES (B) 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 assessments show that population of the species in the wild cannot remain viable under pressure of collection and trade The taking or fishing of these species from the wild may be allowed if for: a. scientific research, or b. conservation breeding simultaneous with commercial breeding SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES CITES Appendix II Species FRASER’S SEAHORS GIANT DOLPHIN ES CLAMS (Lagenodelphis hosei) (Hippocampu (Tridacnidae s spp.) spp. ) SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES CITES Appendix III Species RED CORAL, Corallium japonicum  SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES (C) Unlawful to gather, take, possess, transport, or export, forward or ship out captive-bred species that have been transplanted to the wild. If the violation mentioned in a, b and c is committed by a vessel manned by more than 2 persons, the captain, master, and 2 highest ranking officers of the vessel involved in the fishing or taking of such protected marine life shall be The prohibition on fishing or presumed to have committed the prohibited act. taking applies to parts and derivatives of the rare, threatened or endangered species.  SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES (C) Unlawful to gather, take, possess, transport, or export, forward or ship out captive-bred species that have been transplanted to the wild. If the violation mentioned in a, b and c is committed by a vessel manned by more than 2 persons, the captain, master, and 2 highest ranking officers of the vessel involved in the fishing or taking of such protected marine life shall be The prohibition on fishing or presumed to have committed the prohibited act. taking applies to parts and derivatives of the rare, threatened or endangered species. SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES Parts and derivatives of rare, threatened or endangered species Sharks Fin Jewelry from Precious CITES-listed corals giant clam shellcraft SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES Other species may be added to the list of Rare, Threatened, Endangered Aquatic Species pursuant to FAO 208 s. 2001 upon recommendation of the Philippine Aquatic Red List Committee subject to the consultation process stated in Rule 65.2.  The National Aquatic Wildlife Management Committee, created under the IRR of the Wildlife Act, shall determine the value of the species based on accepted scientific methodology for the purpose of implementing the pertinent penalties to be imposed on the offender. SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES P E N A LT I E S : A) Aquatic species listed in Appendix I, or categorized by the IUCN as threatened and determined by the Department as such Person Liable Administrative Criminal Person who fish or take, Fine- 5x the value of Imprisonment- 12 catch, gather, sell, the species or yrs and 1 day to 20 purchase, P500K to P5M, yrs possess, transport, export, whichever is higher, Fine-2x the forward or ship out: and administrative fine 1.Aquatic species listed in Forfeiture of the Forfeiture of the Appendix I of the CITES or species. species 2.categorized by the Cancellation of IUCN as threatened and fishing permit. determined by the Department as such SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES P E N A LT I E S : Aquatic species listed in CITES Appendices II and III if scientific assessments show that population of the species in the wild cannot remain viable under pressure of collection and trade Person Liable Administrative Criminal Person who fish, take, catch, Fine-3x the Imprisonment gather, sell, purchase, possess, value of the -5 to 8 years transport, export, forward or ship species or Fine- 2x the out aquatic species listed in P300K to P3M, administrative CITES Appendices II and III whichever is fine without a declaration based on higher, and Forfeiture of scientific assessments that the Forfeiture of the species. population of the species in the the species. wild can remain viable under pressure of collection and trade SECTION 102: FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES P E N A LT I E S : Captive-bred species that have been transplanted to the wild. Person Liable Administrative Criminal Person who Fine- 3x the value Imprisonment-5 to gather, take, of the species or 8 yrs. possess, transport, P300K to P3M, Fine-3x the value or export, forward whichever is of the species or or ship out captive- higher, P3M, whichever is bred species that Forfeiture of the higher, and have been species Forfeiture of the transplanted to the species wild.  SECTION 103 CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS SECTION 103: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS  Unlawful for any person to catch, gather, capture or possess mature milkfish or sabalo and other breeders or spawners of other fishery species as may be determined by the Department.  Subject to guidelines, the catching of sabalo and other breeders/spawners for may be allowed for: a) local breeding purposes or b) scientific or research purposes SECTION 103: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS Person Liable Administrative Criminal Person who catch, gather, Fine-5x the value of the Imprisonment- 6 capture or possess mature sabalo, other breeders, or mos. and 1 day to 8 milkfish or sabalo and other spawners gathered or yrs breeders or spawners of other captured, or P500K, Fine-2x the fishery species as may be whichever is higher, administrative fine, determined by the Department Forfeiture of catch and Forfeiture of catch gear. and fishing Person who catch sabalo and equipment used, and other breeders/ spawners for Suspension or local breeding purposes or revocation of license scientific or research purposes not in accordance with the guidelines set by the Department.  SECTION 104 EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY SECTION 104: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS  The export of hatchery-bred or captive-bred breeder, spawner, egg or fry, may be allowed subject to the regulations to be promulgated.  The eggs and fry, prohibited for exportation refer to viable or live eggs or fry, intended for breeding, propagation or culture purposes  There is a presumption of connivance or conspiracy between the shipper and the shipping or forwarding company on whose possession the breeders, spawners, eggs, or fry are discovered or seized if the shipping or forwarding company fails to fully cooperate in the investigation. SECTION 104: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS  A shipping or forwarding company, in whose possession the breeders, spawners, eggs, or fry are discovered or seized, shall be considered as fully cooperating in the investigation if, upon five (5) days from receipt of a written request by the DA-BFAR, the following documents covering the transactions are submitted: o Cargo booking advice; o Master airway bill (MAWB) or transfer manifest; o Articles of Incorporation/ Partnership or DTI registration; o Copy of the latest General Information Sheet/Financial Statement of the corporation; o Latest address of exporter on record; o Copy of latest statement of account of the exporter; o List of employees of exporter on record; o Contact numbers of exporter on record; and o A written undertaking of the owner of the shipping or forwarding company to provide other assistance, which may include among others, the appearance of any officer of the company during the investigation process. SECTION 104: CAPTURE OF SABALO AND OTHER BREEDERS/SPAWNERS Person Liable Administrative Criminal Person/ shipper who Fine-3x the value of Imprisonment of 8 yrs exported breeders, the breeders, spawners, to 10 yrs, spawners, eggs or fry eggs, or fry exported or Confiscation of taken from the wild P100K to P500K breeders, spawners, whichever is higher, eggs or fry, Person/ shipper who Confiscation of Fine-2x the exported hatchery-bred breeders, spawners, administrative fine or captive bred eggs or fry Revocation of the spawner, egg or fry but Suspension or fishing license, and/or did not comply with the revocation of license for suspension or requirements set by the commercial fishing revocation of Department. and/or registration as registration as exporter exporter.  SECTION 105 IMPORTATION OR EXPORTATION OF FISH OR FISHERY SPECIES SECTION 105: IMPORTATION OR EXPORTATION OF FISH OR FISHERY SPECIES  Unlawful to import or export fish or fishery species in violation of this Code  There is a presumption of connivance or conspiracy between the shipper and the shipping or forwarding company on whose possession the fish or fishery species are discovered or seized if the shipping or forwarding company fails to fully cooperate in the investigation. SECTION 105: IMPORTATION OR EXPORTATION OF FISH OR FISHERY SPECIES  A shipping or forwarding company, in whose possession the fish or fishery species imported or exported, shall be considered as fully cooperating in the investigation if, upon five (5) days from receipt of a written request by the DA-BFAR, the following documents covering the transactions are submitted: o Cargo booking advice; o Master airway bill (MAWB) or transfer manifest; o Articles of Incorporation/ Partnership or DTI registration; o Copy of the latest General Information Sheet/Financial Statement of the corporation; o Latest address of exporter on record; o Copy of latest statement of account of the exporter; o List of employees of exporter on record; o Contact numbers of exporter on record; and o A written undertaking of the owner of the shipping or forwarding company to provide other assistance, which may include among others, the appearance of any officer of the company during the investigation process. SECTION 105: IMPORTATION OR EXPORTATION OF FISH OR FISHERY SPECIES Person Liable Administrative Criminal Person who import or Fine of 5x times the Imprisonment- 8 yrs export fish or fishery value of the species or and fine of twice the products in violation of P300K to p500K administrative fine, the Code whichever is higher, Forfeiture and/or and destruction of the Shipping or Forfeiture and/or species forwarding company destruction of the Offenders shall be (in case he was not species. banned from being able to rebut members or presumption that he stockholders of was in connivance with companies currently the shipper) engaged in fisheries or companies to be created in the future.  SECTION 106 VIOLATION OF HARVEST CONTROL RULES SECTION 106: VIOLATION OF HARVEST CONTROL It shall be unlawful for any person to RULES fish in violation of harvest control rules as determined by the Department Harvest Control Rules for Limit Reference Points. – Once the LRP is reached, the following HCR shall be implemented after compliance with Rule 65.2: a. Limitation on fishing effort. – The fishing effort per fishing ground or fishery management area shall be maintained at existing levels and no additional new licenses shall be issued; SECTION 106: VIOLATION OF HARVEST CONTROL b. Determination of priority access RULES for renewal of licenses. – Licensees of CFVL who have been timely and consistently submitting catch reports shall have priority access to the fishing ground through the renewal of their licenses. However, licenses shall not be renewed if the licensees have been found guilty by a court of a serious violation as defined in this Code; c. Declaration of a closed season. – A closed season, either spatial, temporal or by gear or fishing method, may be declared as appropriate; d. Reduction by attrition. – As an extreme measure when the resource is at its critical level, decommissioned vessels shall not be replaced; and, e. Other measures. – Other measures may be adopted when necessary.  SECTION 106: VIOLATION OF HARVEST Persons Administrative Criminal Liable CONTROL RULES Persons who Confiscation of catch Imprisonment- 6 violated the and fishing gear mos. and 1 day to 6 Harvest Control Revocation of license years Rules Fine: whichever is Fine- 2x implemented higher administrative fine in a fishing Municipal- 3x value of Confiscation of area catch or P20K or catch and fishing community service if gear applicable Revocation of Small-scale- 5x value of License catch or P100K Medium Scale- 5x value of catch or P1M Large Scale- 5x value of catch or P5M  SECTION 107 AQUATIC POLLUTION SECTION 107: AQUATIC POLLUTION  Unlawful to conduct activities that will cause aquatic pollution  A Technical Committee will assist the Adjudication Committee in determining whether the activity harms the living and non-living aquatic resources, extent of damage and monitor compliance with the rehabilitation plan SECTION 107: AQUATIC POLLUTION Persons Administrative Criminal liable Persons who Fine- P300K to P500K Imprisonment of 6 yrs and conducted additional fine of P15K/ 1 day to 12 yrs activities that day until the violation ceases Fine- 2x administrative fine caused and the fines are paid additional fine of P15K per aquatic cease and desist order, day until the violation ceases pollution closure or suspension of the and the fines are paid development, construction or cease and desist order, facility, or cessation of closure or suspension of the operations, or disconnection development, construction or of water supply which may facility, or cessation of be issued ex parte pending operations, or disconnection resolution of the case. of water supply which may be issued ex parte pending resolution of the case.  SECTION 108 FAILURE TO COMPLY WITH MINIMUM SAFETY STANDARDS SECTION 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. SECTION 108: FAILURE TO COMPLY WITH MINIMUM SAFETY STANDARDS Persons Liable Administrative Criminal Owner and Fine- P100K Imprisonment- 1 mo. captain Suspension or and 1 day to 6 mos. cancellation of permit or Fine- 2x license and administrative fine Impoundment of the Suspension or vessel until the safety cancellation of permit standard has been or license complied with Impoundment of the vessel until the safety standard has been complied with.  SECTION 109 FAILURE TO SUBMIT A YEARLY REPORT ON ALL FISHPONDS, FISH PENS AND FISH CAGES SECTION 109: FAILURE TO SUBMIT A YEARLY REPORT ON ALL FISHPONDS, FISH PENS  Unlawful not to AND FISH CAGES submit an annual report on the type of species and volume of production of fishponds, fish pens and fish cages whether in public or private lands  Owners or operators of fishponds, fish pens, and fish cages are required to submit an annual report of the type of species and volume of production from January 1 to December 31 not later than January 31 of the succeeding year to the DA-BFAR Regional offices following the format prescribed. SECTION 109: FAILURE TO SUBMIT A YEARLY REPORT ON ALL FISHPONDS, FISH PENS AND FISH CAGES  The DA-BFAR may give notice of the failure to submit the report. The owner/operator has a grace period of 2 months from receipt of the notice to comply with the requirement otherwise administrative and/or criminal charges shall be filed against him. SECTION 109: FAILURE TO SUBMIT A YEARLY REPORT ON ALL FISHPONDS, FISH PENS AND Persons liable FISH CAGES Administrative Criminal Owner/ operator of Fine-P5K/ per Fine- 2x fishponds, fish pens, unreported hectare. administrative fine and fish cages Fishpond with whether in public or Fishpond Lease private lands who fail Agreement- to submit the annual non-submission of a report despite notice report for 2 and beyond the 2 consecutive years months grace period shall result to its given cancellation  SECTION 110 GATHERING AND MARKETING OF SHELL FISHES OR OTHER AQUATIC SPECIES SECTION 110: GATHERING AND MARKETING OF SHELL FISHES OR OTHER AQUATIC SPECIES Unlawful for any person to gather, take, sell, transfer, possess, commercially transport, export, forward or ship out: 1. any sexually mature shell fish or other aquatic species identified by the Department, 2. aquatic species which are below the minimum size, or above the maximum quantities prescribed SECTION 110: GATHERING AND MARKETING OF SHELL FISHES OR OTHER AQUATIC SPECIES Other parameters for the protection of heavily traded species may be promulgated. P E N Persons A LT I E S Liable Administrative Criminal Persons who gather, take, Fine equivalent to Imprisonment -1 sell, transfer, possess, the value of the month and 1 day to commercially transport, species or P50K, 6 months export, forward or ship out whichever is higher, Fine-2x sexually mature shellfish or Confiscation of the administrative fine other aquatic species or same, Cancellation of the aquatic species below the Cancellation of permit or license. minimum size or above the permit or license maximum quantities prescribed  SECTION 111 OBSTRUCTION TO NAVIGATION OR FLOW OR EBB OF TIDE IN ANY STREAM, RIVER, LAKE OR BAY SECTION 111: OBSTRUCTION TO NAVIGATION OR FLOW OR EBB OF TIDE IN ANY STREAM, RIVER, LAKE OR BAY  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. SECTION 111: OBSTRUCTION TO NAVIGATION OR FLOW OR EBB OF TIDE IN ANY STREAM, RIVER, LAKE OR BAY Persons Liable Administrative Criminal Person who caused or Fine-P200K Imprisonment- 1 mo. owns the fish corrals, Dismantling of and 1 day to 6 mos. fish traps. Fish pens or Obstruction, fish Fine-2x the fish cages that corrals/ traps, fish pens administrative fine obstructs the navigation or fish cages at the Confiscation of stocks or flow or ebb of tide in expense of the offender and dismantling of any stream, river, lake obstruction , fish or bay corrals/traps, fish pens or fish cages at the expense of the violator  SECTION 112 NONCOMPLIANCE WITH GOOD AQUACULTURE PRACTICES SECTION 112: NONCOMPLIANCE WITH GOOD AQUACULTURE PRACTICES 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 SECTION 112: NONCOMPLIANCE WITH GOOD AQUACULTURE PRACTICES  PROPER STORAGE OF FEEDS × √ SECTION 112: NONCOMPLIANCE WITH GOOD AQUACULTURE PRACTICES Persons liable Administrative Criminal Owner/ operator who despite Fine- P10K to Imprisonment – written prior notice of non P100K per day until 3 yrs and compliance with good the violation ceases Fine-2x the aquaculture practices and and the fines are administrative fine guidelines for environmentally paid sound design did not adopt the required remedial measures which resulted in 50% mortality, poisoning, spreading of pests and diseases, aquatic pollution  SECTION 113 COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING UNLICENSED FISHERFOLK, FISHWORKER OR CREW SECTION 113: COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING UNLICENSED FISHERFOLK, FISHWORKER OR CREW Unlawful to employ unlicensed fisherfolk or fish worker in: a. Commercial fishing vessels operating within national jurisdiction b. Philippine flagged fishing vessels engaged in distant water fishing SECTION 113: COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING UNLICENSED FISHERFOLK, FISHWORKER  All crew on board ORvessel a commercial fishing CREW 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 SECTION 113: COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING UNLICENSED FISHERFOLK, FISHWORKER P E N A LT I E S : A) Commercial fishing OR CREW vessels operating within nationalLiable Persons jurisdiction Administrative Owner or operator of Fine- P4K/ unlicensed commercial fishing vessel fisherfolk or fishworker or crew Suspension or revocation of license for commercial fishing.  SECTION 113: COMMERCIAL FISHING VESSEL OPERATORS EMPLOYING UNLICENSED FISHERFOLK, P E N A LT I E S : B)FISHWORKER OR CREW Philippine flagged fishing vessels engaged in distant water fishing Persons Liable Administrative Criminal Owner or operator Fine-P40K/ Fine-2x of commercial unlicensed administrative fishing vessel or fisherfolk, fine distant water fishing fishworker or crew Suspension or vessel Suspension or revocation of revocation of license license  SECTION 114 OBSTRUCTION OF DEFINED MIGRATION PATHS SECTION 114: OBSTRUCTION OF DEFINED MIGRATION PATHS  Unlawful to obstruct any defined migration path of anadromous, catadromous and other migratory species SECTION 114: OBSTRUCTION OF DEFINED MIGRATION PATHS Persons Liable Administrative Criminal Person who caused Fine P150K to P500K, Imprisonment- the obstruction to Dismantling of the 7 yrs. to 12 yrs. the defined obstruction at the Fine-2x the migration oath of expense of the offender, administrative fine anadromous, and Dismantling of the catadromous and Suspension or obstruction at the other migratory revocation of the permit expense of the species or license offender Suspension or revocation of the permit or license.  SECTION 115 OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER SECTION 115: OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER  Unlawful to assault, resist, intimidate, harass, seriously interfere with, or unduly obstruct or delay a fishery law enforcement officer, authorized inspector or observer, the deputized fishwarden of the LGU, or any lawfully-boarding government officers, in the exercise of their duties  Any person who does not allow any authorized officer or an observer to exercise any of the legal duties shall be deemed to be obstructing that officer or person. SECTION 115: OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER  Fishery law enforcement officer, authorized inspector or observer, a deputized fish warden of the LGU, or any lawfully- boarding government officers, shall only refer to those: 1. properly appointed and authorized officer by competent authorities, 2. properly identified as an officer by wearing the proper uniform and/or by possessing an identification card indicating his appointment and authorization. The law enforcement officer should observe the proper boarding and inspection procedures as provided in the approved manual of operations. SECTION 115: OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER A fishery law enforcement officer shall enjoy the presumption of regularity under Section 3(m), Rule 131 of the Rules of Court when enforcing the provisions of this Code and other fishery laws. P E N A LT I E S : Persons Liable Administrative Criminal Fishing vessel Cancellation of license Imprisonment from 6 owner, master or or permit mos. to 2 yrs and operator, or any Fine- P1M for fishing Fine- 2x the other person acting vessels operating in administrative fine in his behalf Philippine waters or P2M Cancellation of license for fishing vessels or permit operating beyond Philippine waters  SECTION 116 NONCOMPLIANCE WITH FISHERIES OBSERVER COVERAGE SECTION 116: NONCOMPLIANCE WITH FISHERIES OBSERVER COVERAGE (A)Unlawful for Philippine distant water fishing vessel to sail without a fisheries observer on board as required by RFMO conservation and management measures. (B)Unlawful for commercial fishing vessels to sail without a fisheries observer in compliance with this Code and the rules and regulations promulgated by the Department SECTION 116: NONCOMPLIANCE WITH FISHERIES OBSERVER COVERAGE The following vessels shall be covered by the observer requirement based on the following schedule and observer rates: Vessel tonnage/type of Schedule from Observer rate in vessel effectivity of the IRR Philippine pesos 500 GT and above Within 6 months P1,200 300 to 499 GT After 1 year P1,000 200.01 to 299 Gt After 2 years P1,000 Domestic Purse Seine and During FAD Closure P1,200 ring net catcher vessels Period primarily catching tuna and tuna-like species SECTION 116: NONCOMPLIANCE WITH FISHERIES OBSERVER COVERAGE One (1) year from the effectivity of this IRR, the BFAR, in consultation with the stakeholders, shall determine the successive schedules for the vessels not yet covered by the schedule. An observer is required only upon reaching the fishing ground and during actual fishing operations. Persons liable Administrative Criminal Owner of Fine- P500K Imprisonment- 1 mo. and commercial fishing Forfeiture of the catch 1 day to 6 mos. vessels or Distant and gear. Fine- 2x the water fishing administrative fine vessels Confiscation of catch Suspension or cancellation of license.  SECTION 117 NONCOMPLIANCE WITH PORT STATE MEASURE SECTION 117: NONCOMPLIANCE WITH PORT STATE MEASURE Unlawful for a foreign fishing vessel, who was allowed entry after providing at least 24 hour prior notice, not to provide a catch report Unlawful not to comply with other rules on port state measures promulgated in coordination with port state authorities SECTION 117: NONCOMPLIANCE WITH PORT STATE MEASURE  Port state measures include: prior notification of port entry; use of designated ports; restrictions on port entry and landing or transhipment of fish; restrictions on supplies and services; catch and other documentation requirements; port inspections; and other related measures  Failure to comply with the 24-hour period may result in denial of permission to enter or use of port facilities and the vessel may be subject to onboard inspection and/or impoundment. SECTION 117: NONCOMPLIANCE WITH PORT STATE MEASURE  Transhipment by Philippine flagged fishing vessels in waters beyond national jurisdiction shall require a transhipment authorization issued by DA-BFAR.  However, group seining or other net to hatch operation involving brailing or the transfer of fish from the fishing net of a catcher vessel directly to the hatch/hold of the carrier vessel, either on the high seas or in Philippine waters, is not considered transhipment, and will not require said authorization.  Transshipment authorization is not required in cases of emergency when there is a need to save lives and/or property; in which cases, a mere notification will suffice. SECTION 117: NONCOMPLIANCE WITH PORT STATE MEASURE  Transhipment by Philippine flagged fishing vessels in waters beyond national jurisdiction shall require a transhipment authorization issued by DA-BFAR.  However, group seining or other net to hatch operation involving brailing or the transfer of fish from the fishing net of a catcher vessel directly to the hatch/hold