FISHERIES AND MARINE RESOURCES

Cruz, Nicholas Michael

Laws on Fisheries

Fisheries Code• RA. 8550• Enacted on 1998

Fisheries Act• Act. 4033• Enacted on

RA No. 8550

• AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES

• The Philippine Fisheries Code of 1998 (sec.1)• Approved on Feb. 25, 1998

Fisheries Code

• As provided under Sec. 2 among others• achieve food security• limit access to Filipino citizens• protect rights of fisherfolk• to provide support to the fishery sector

Definitions

• DA-BFAR – Bureau of Fisheries and Aquatic Resources

• Commercial Fishing - the taking of fishery species by passive or active gear for trade, business & profit beyond subsistence or sports fishing• Small scale: vessels of 3.1 to 20 GT• Medium scale: active gears and vessels of 20.1 up to 150 GT• Large scale: active gears and vessels exceeding 150 GT

• Aquatic Resources - includes fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including, but not limited to, salt and corals• Closed Season - the period during which the taking of specified fishery

species by a specified fishing gear is prohibited in a specified area or areas in Philippine waters• Commercial Scale - a scheme of producing a minimum harvest per

hectare per year of milkfish or other species including those raised in pens, cages, and tanks to be determined by the Department in consultation with the concerned sectors

• Municipal Fishing -fishing within municipal waters using 3GT fishing vessels or no vessels used

• Municipal Fisherfolk - persons directly or indirectly engaged in fishing activities

• Municipal Waters: • bodies of water within the municipality not included in the NIPAS Law; • public forests, timber lands, forest reserves, fishery reserves;• marine waters as described by sec. 4 [58] of the Fisheries Code

• Marginal Farmers and Fishermen - an individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products produced by himself and his immediate family [RA 7160 Sec. 131 (p)]

• FARMC - Fisheries and Aquatic Resources Management Councils• EXECUTIVE ORDER NO. 240 April 28, 1995 (FVR)

• CITES – Convention on International Trade in Endangered Species of Wild Fauna and Flora

Jurisdiction of the Municipal/City Government

• Municipal Waters

• Contiguous fishery resources• Integrated management by LGUs• iFARMC

Users of Municipal Waters

• duly registered fisherfolk organizations/cooperatives• special agencies shall also be taken with consideration

• medium commercial fishing vessels authorized by the municipal/city local chief executive subject to certain requirements under sec. 18• such authorizations or permit shall not be granted on ECAs or during closed

season

PROHIBITIONS AND PENALTIES

• Unauthorized fishing/fisheries activities• no permit, no fishing• prima facie presumption on unauthorized fishing• unlawful for commercial fishing vessels to fish on over exploited areas• a fine equivalent to the value of the catch or ten thousand pesos (P10,000),

whichever is higher shall be charged as fine, AND imprisonment of six (6) months, confiscation of catch and fishing gears, and revocation of license shall be passed against the captain or the three highest ranking officers of the vessel• exception:

fishing for daily food sustenance or for leisure not for commercial, occupation, or livelihood purposes

EXPLOSIVES, NOXIOUS/POISONOUS SUBSTANCES, AND/OR ELECTRICITY

• mere possession for fishing purposes as well as dealing in, selling, or any manner disposing of, for profit of species caught through such means is punishable by six months to two years of imprisonment• actual use is punishable by 5 years to 10 years of imprisonment

without prejudice to criminal cases charged in result of injury or human casualty• exception:

research, educational, and scientific purposes may be allowed by the Department of Agriculture

Fine Mesh Net

• P2,000 to P20,000 fine AND/OR six months to two years imprisonment• the DA has the power to impose administrative fine against the

offender and/or cancellation of his permit or license• exception:

such method shall not be illegal when the marine resources aimed to catch are fry, glass eels, elvers, and other species which by nature are small in size but already mature

Muro-Ami

• the operator, boat captain, master fisherman, and recruiter or organizer of fishworkers engaged in this method of fishing shall be punished with 2 to 10 years of imprisonment AND a fine of not less than P100,000 to P500,000.

• the catch and gear used shall also be confiscated

Use of Active Gear on Municipal Waters and Bays and Other Fishery

Management Areas• punishable by 2 to 6 years of imprisonment as to boat captain and

master fisherman of participating vessels• a fine of P2,000 to P20,000 may be charged by the court to the

owner/operator of the vessel

Coral Exploitation and ExportationFishing in Fishery Reserves, Refuge and Sanctuaries

• punishable by a fine of P2,000 to P20,000 and imprisonment of six months to two years or both at the discretion of the court• the confiscated corals shall either be returned to the sea or donated

to schools and museums for educational and scientific purposes or disposed through other means

Other Prohibitions

• Conversion of Mangroves• Illegal use of Superlights• Fishing or taking of Rare, Threatened, or Endangered Species

as listed in the CITES and as determined by the DA• Capture of Sabalo and Other Breeders/Spawners• Exportation of Breeders, Spawners, Eggs or Fry• Importation or Exportation of Fish or Fishery Species• Violation of Catch Ceilings• Aquatic Pollution

Sources

• http://www.gov.ph/1998/02/25/republic-act-no-8550/• https://www.google.com.ph/url?

sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CC0QFjAC&url=http%3A%2F%2Fplj.upd.edu.ph%2Fwp-content%2Fuploads%2Fplj%2FPLJ%2520volume%252076%2FPLJ%2520volume%252076%2520number%25204%2FPLJ%2520volume%252076%2520number%25204%2520-01-%2520Jay%2520L.%2520Batongbacal%2520-%2520The%2520Evolution%2520of%2520Philippine%2520Fisheries%2520Legislation.pdf&ei=MN7zVNbhLI3m8AXcxILwCQ&usg=AFQjCNGj_C7NXbQXHy4nkqJao0BLDZYqIA&bvm=bv.87269000,d.dGc• http://www.lawphil.net/statutes/repacts/ra1998/ra_8550_1998.html