PROHIBITIONS and PENALTIES Republic Act 8550

Alonette S. Ragodo-Perez
2nd National Environmental Law Enforcement Summit And Orientation-Workshop on Environmental Laws November 18, 2010 Clarkfield, Pampanga
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Roadmap

Introduction Types of Fisheries in the Philippines Prohibitions and Penalties Summary

Introduction

Nullem crimen nulla poena sine lege Tragedy of the Commons

Types of Philippine Fisheries

Municipal Fisheries

Commercial Fisheries

Aquaculture

Municipal Fisheries

Fishing within municipal waters Using fishing vessels of 3 GT/less -not req. the use of vessel
Sec.4(57) RA 8550

Municipal Waters INCLUDE

Streams, lakes, inland bodies of water Tidal waters Marine waters included

within 2 lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and 15 kilometers from such coastline; if opposite shores of two municipalities are less than 30 kilometers apart, the third line shall be equally distant from opposite shores.

Municipal Waters INCLUDE

Streams, lakes, inland bodies of water Tidal waters Marine waters included

within 2 lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and 15 kilometers from such coastline; if opposite shores of two municipalities are less than 30 kilometers apart, the third line shall be equally distant from opposite shores.
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Commercial Fisheries

taking of fishery species By active/passive gear For TBP beyond subsistence/sports fishing
Sec.4(10), RA 8550

Classification
1. Small scale-3.1GT to 20 GT 2. Med.scale- 20.1 GT to 150 GT 3. Large-more than 150 GT
FAO 198.S.2000
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Commercial Fisheries

May be allowed within 10.1-15 km. of MW

1) 2) 3) 4) 5) Mun. Ordinance MW is not less than 7 fathoms deep Legal methods and gears Prior consultation/hearing FARMC SECC- not violated the Code, & related laws
Sec.18, RA 8550
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Aquaculture
Raising and culturing fish and other fishery species in FBM
Sec.4(3) RA 8550

FLA- 25 years Reversion of All AUU Fishponds-DENR

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Prohibitions and Penalties

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Section 86
UNAUTHORIZED FISHING OR ENGAGING IN OTHER UNAUTHORIZED FISHERIES ACTIVITIES
VIOLATIONS 1. Engage in any fishing activity without a LLP 2. Commercial fishing vessel fishing in bays or other fishery management areas which are declared overexploited PENALTIES For commercial fishing boat captain and or three (3) highest officers:
1. 2. 3. 4.

Fine- value of catch or P10,000 whichever is higher Imprisonment six (6) months Confiscation of catch & gears Automatic revocation of license

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Section 86
UNAUTHORIZED FISHING OR ENGAGING IN OTHER UNAUTHORIZED FISHERIES ACTIVITIES
VIOLATIONS Commercial Fishing by persons not listed in the registry of mun. fisherfolk PENALTIES Fine of P 500.00 Confiscation of catch

1.
2.

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Section 87
POACHING IN PHILIPPINE WATERS
VIOLATIONS To fish or operate any fishing vessel by a foreign person, corporation or entity in Philippine waters PENALTIES For commercial fishing boat captain and or three (3) highest officers: 1. Fine - $100,000 2. Confiscation of catch, fishing equipment and fishing vessel 3. Administrative fine - $50,000 to $200,000/ equivalent Philippine currency

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Section 88
FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY
VIOLATIONS To fish with the use of electricity, explosives, noxious or poisonous (EENP) substances

Exceptions Possession of explosives-prima facie evidence

PENALTIES Imprisonment ranging from five (5) to ten (10) years plus forfeiture of EENP, fishing vessels / equipment and catch
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Section 88
FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY
VIOLATIONS Mere possession of explosive, noxious or poisonous substances or electro-fishing devices for illegal fishing PENALTIES Imprisonment ranging from six (6) months to two (2) years plus forfeiture of EENP, fishing vessels / equipment and catch

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Section 88
FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY
VIOLATIONS Dealing in, selling, or in any manner disposing of, for profit, illegally caught / gathered fisheries PENALTIES Imprisonment ranging from six (6) months to two (2) years plus forfeiture of EENP, fishing vessels / equipment and catch

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Section 89
USE OF FINE MESH NETS
VIOLATIONS To use fine mesh nets

Exceptions: fry, glass eels, Elvers, Tabios, Alamang & other species wc by nature small but already mature; Less than 3cms; FAO 155

PENALTIES The Department may impose an administrative fine and/or cancel his permit or license.
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Section 90
USE OF ACTIVE GEAR
VIOLATIONS To use of active gear in municipal waters and bays and other fishery management areas
Active fishing gear - Trawl, purse seine, danish seine, ring net, drive in-net, round haul seine, motorized push net, bagnet
FAO 201 S. 2000

PENALTIES
1.Owner/operator of the vessel, fine of P2,000 to P20,000 2. Confiscation and forfeiture of catch 3. Boat captain and master fisherman -imprisonment from 2 to 6 years
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1 Beach seine (municipal) 2 Trawl (commercial/municipal) 3 Fish corral (municipal)

4 Scissor net (municipal) 5 Drive-in-net (municipal) 6 Round haul seine (municipal) 7 Purse seine/ring net (municipal)

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Section 91
BAN ON CORAL EXPLOITATION AND EXPORTATION
VIOLATIONS To gather, possess, sell or export ordinary, precious and semi-precious corals, whether raw or in processed form Definition of Ordinary, Precious and SemiPrecious FAO 202 PENALTIES
1. 2. 3.

Imprisonment - 6 mos to 2 years; and/or Fine of P2,000 to P20,000 Forfeiture of subject corals, vessel and its proper disposition.
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Section 92
BAN ON MURO-AMI, OTHER METHODS AND GEAR DESTRUCTIVE TO CORAL REEFS AND OTHER MARINE HABITAT
VIOLATIONS To fish with gear method that destroys coral reefs, seagrass bed and other fishery marien life habitat and to fish with the use of muro-ami and any of its variation. PENALTIES
1. 2. 3.

Imprisonment from 2 to 10 years; and/or Fine not less than P100,000-P500,000 Confiscation of substances taken
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Section 92
VIOLATIONS To gather, sell, or export white sand, silica, pebbles, and any other substances which make up any marine habitat PENALTIES
1. 2.

3.

Imprisonment from 2 to 10 years; and/or Fine not less than P100,000 Confiscation of substances taken

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Section 93
ILLEGAL USE OF SUPERLIGHTS
VIOLATIONS Use of superlights in fishing in municipal waters Prescribed wattage 1) small- 20 KW per vessel 2) Med.- 36 KW per vessel 3) Large-40 KW per vessel
FAO 204.S.2000

PENALTIES 1. Imprisonment from 6 months to 2 years; and/or 2. Fine of P5,000.00 per superlight 3. Confiscation of superlights, fishing gears and vessels
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Section 94
CONVERSION OF MANGROVES
VIOLATIONS Convert mangroves into fishponds or for any other purposes PENALTIES 1. Imprisonment - 6 yrs + 1 day to 12 years; 2. Fine - P80,000.00 3. Restoration of the damage

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Section 95
FISHING IN OVERFISHED AREA AND DURING CLOSED SEASON
VIOLATIONS Fishing 1) In Overfished Area 2) During closed season FAO 167- Nov 1 to March 15 PENALTIES 1. Imprisonment from 6 months and 1 day to 6 years; and/or 2. Fine of P6,000.00 3. Forfeiture of catch & cancellation of permit/license
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Section 96
FISHING IN FISHERY RESERVES, REFUGE AND SANCTUARIES
VIOLATIONS To fish
1)
2) 3)
MPA no fishing allowed

fishery reserves; Refuge; and Sanctuaries

1. 2. 3.

PENALTIES Imprisonment - 2 years to 6 years; and/or Fine -P2,000.00 to 20,000.00; and Forfeiture of catch and cancellation of permit or license.

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Section 97
FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES
VIOLATIONS Acts: 1) Fish 2) Take RTE as listed in the CITES and as determined by the Department FAO 208 PENALTIES 1. Imprisonment -12 yrs to 20 yrs; and/or 2. Fine- P120,000.00 3. Forfeiture of catch & cancellation of permit
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Dolphins (FAO No. 185, 1992)

Whale Sharks and Manta Rays (FAO No. 193, 1998)

Sea Cows (DENR Admin. Order No. 55-91)

Giant Clam

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Section 98
CAPTURE OF SABALO AND OTHER BREEDERS / SPAWNERS
VIOLATION Catch Sabalo and other breeders as determined by the Department Exceptions: 1) Local breeding 2)Scientific 3)Research Full grown bangus 60 cms in length
FAO 129. S.1980

PENALTIES 1. Imprisonment-6 months and 1 day to 8 years; and/or 2. Fine of P80,000.00 3. Forfeiture of catch & cancellation of permit

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Section 99
EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY
VIOLATION

Export
- Breeders, spawners, eggs or fry

1. 2. 3. 4.

PENALTIES Imprisonment- 8 years; and/or Fine-double the value Confiscation Revocation of License
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Section 100
IMPORTATION OR EXPORTATION OF FISH AND FISHERY SPECIES
VIOLATIONS Export or import of fish or fisheries species in violation of this Code FAO 195 S 1999- Rules on Imports FAO 210 S 2001- Rules on Exports

1. 2. 3. 4.

PENALTIES Imprisonment- 8 years; and/or Fine-P 80,000.00 Destruction/ forfeiture of fish Banned to be members/stockholders of companies engaged in fishing
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Section 101
VIOLATION OF CATCH CEILINGS
VIOLATIONS

To fish in violation of catch ceilings. Set by the Department

PENALTIES 1. Imprisonment- 6 mos. & 1 day to 6 years; and/or 2. Fine-P 50,000.00 3. Forfeiture of fish, equipments 4. Revocation of license
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Section 102
AQUATIC POLLUTION
VIOLATIONS

Introduction by human/machine substances/energy result/likely to result deleterious L&NL aquatic resources Pose/real hazard to human Hinders aquatic activities Deforestation & unsound agricultural practices
Sec.4 (4) RA 8550

PENALTIES
1. Imprisonment- 6 yrs to 12 yrs; &/or 2. Fine-P 80,000 + P8,000/day
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Section 103 Other violations

1. Failure to Comply with Minimum Safety Standards

owner/captain, fails to exhibit/ show proof Compliance to standards

suspension of license to operate

2. Failure to Conduct a yearly Report

Fishponds, Fish pens and Fish Cages Cancellation of FLA, fine P500/hectare or P 1,000
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3. Gathering and Marketing of Shell Fishes sexually mature, below min. size above max. quantities

4. Obstruction to navigation or Flow and Ebb of Tide in Stream, River, Lake or bay 5. Construction and operation of Fish Corrals/ Traps, pens, Cages- without a permit

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Penalties . . .

Fine- P2,000-P10,000

Imprisonment - 1 month & 1 day to 6 months or both

Adm. fine- not more than P 10,000 Impoundment-Sec./law enforcement agencywith assistance of PCG, PNP-MAR
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Section 104
EMPLOYING UNLICENSED FISHERFOLK OR FISHWORKER
VIOLATION

Commercial Fishing Vessel to employ unlicensed fisherfolk.

PENALTY

Fine- P 500 to P 1000 for each unlicensed crew every month

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Section 105
OBSTRUCTION OF DEFINED MIGRATION PATHS
VIOLATION To undertake any construction that will obstruct the paths mentioned in Sec. 2 of FAO 217 of migratory fishes, up to 1 km. seaward and 1 km upward of mouths of those rivers MIGRATORY PASSAGES

1) 2) 3) 4) 5) 6)

Abra River (Abra, Mt. Province, Ilocos Sur); Bicol River Basin (Camarines Sur); Bisuangan-Kumalarang Rivers (Zamboanga del Sur) Blu-an;Lowo-el Rivers (South Cotabato); Butas River (Mindoro); Cagayan River System (Cagayan Valley) 42

MIGRATORY PASSAGES Continuation...

7) Calinawan- Tubay Rivers (Surigao Agusan); 8) Cotabato River Basin (Rio-Grande, Cotabato); 9) Laoag River (Laoag, Ilocos Norte); 10) Pansipit River (Batangas)
Sec.2 FAO 217

Migratory species fisheries species which in the course of their life could travel from freshwater to marine water or vice versa due to breeding, feeding and part of life cycle.
Sec.1 FAO 217

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Section 106
OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER
VIOLATIONS

Boat owner, master or operator Evades, obstructs, hinders Fishery Law Enforcement Officer to perform his duty

PENALTIES 1. Fine-P 10,000.00; and 2. Cancellation of license

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Summary

Prohibitions designed to achieve sustainable use of our resources Challenge-Law Enforcement Team Take a Step and Lead

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Muchos Gracias!

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