PROHIBITED ACTS

Exploiting or breeding fish, fry or

fingerlings of fishery products
without a license, lease or permit.
Constructing and operating fish
corrals, fish traps, fish pens and
fish cages or fishponds without a
license, lease or permit
 SECTION 86 & 87: Presumption

• Any person, engaging in above-

mentioned activities without
license or permit, is presumed
to be engaged in unauthorized
fisheries activity.
 The presumption will not apply in the following instances:

• 1. The vessel’s gear is not engaged in

fishing or deployed;

• 2. Sea and net trials authorized and

supervised by the BFAR Central Office
and Regional Offices.
SECTION 88: Failure to Secure Fishing Permit Prior to
Engaging in Distant Water Fishing
 SECTION 88:

• Fishing in the high seas, in the

territorial seas, archipelagic waters,
and Exclusive Economic Zones of
other states using a Philippine
flagged fishing vessel without a
fishing permit from the DA and
authorization from the coastal state.
 SECTION 88:

•Committing acts in violation

of the conditions in the
fishing permit
 Section 88: Presumption

• Any person in possession of a

fishing gear or operating a fishing
vessel in the abovementioned
areas without a fishing permit from
the DA or authorization from the
coastal state is presumed to be
violating this provision.
 Section 88: Who are Liable for the Offense

• The owner
• Operator
• and three highest officers of the
fishing vessel
SECTION 89: Unreported Fishing
 Section 89: Failure to comply in Art 38

1. Record of Catch and Transmittal submitted any

time upon demand by an authorized fisheries
officer

2. Report on the Value and Spoilage of fish

Caught upon landing at the port

3. Misreporting fishing activities

 Section 89: Failure to comply in Art 38

4. Unreported fishing committed in

waters beyond national jurisdiction

5. Misreported fishing activities in

Regional Fishing Management
Organization
 Section 89: Who are liable for the Offense

•The owner
•Operator
•Three highest officers of
fishing vessel
SECTION 90: Unregulated Fishing
 Section 90:

1. Fisherman or fisherfolk working in an

unregistered fishing vessel
2. Corporation or enterprise operating
an unregistered fishing vessel
3. Vessels operating without nationality
but operated by Filipino or Filipino
corporations
 Section 90:

4. Philippine flagged vessels operating

in areas managed by RFMOs to which
the Philippines is not a party to
5. Philippine flagged vessels operating
in areas or fish stocks when there are
no applicable conservation and
management measures
 What is a Regional Fishing Management Organization (RFMO)?

• It is a multi-lateral organization, which coordinates and

establishes conservation and management
• measures for highly migratory fish stocks, fish stocks
that straddle national fisheries management
• boundaries and other high seas species. The following
are some of the existing RFMOs:
• International Commission for Conservation of
Atlantic Tunas (ICCAT)
• Western and Central Pacific Fisheries Commission
(WCPFC)
• Indian Ocean Tuna Commission (IOTC)
 Section 90: Who are Liable?

• The owner
• Operator
• Three highest officers of fishing
vessel (Criminal and
Administrative)
SECTION 91: Poaching in Philippine Waters
 Section 91

•A foreign person,
corporation or entity fishing
or operating any fishing
vessel in Philippine waters.
 Section 90: Presumption

• A foreign fishing vessel (FFV) in Philippine waters is

presumed to be poaching under the following
circumstances:

1. Navigating with its fishing gear deployed or not

stowed;
2. Navigating with an irregular track or route;
3. Navigating through Philippine territorial waters
without permission from the appropriate Philippine
authority;
 Section 90: Presumption

4. Navigating in a manner that does not qualify as

innocent passage;
5. Navigating in identified fishing grounds;
6. Navigating without flying its national flag;
7. Lying-to or anchoring without any valid reasons or
circumstances that may indicate the existence of force
majeure or distress;
8. Lying-to, anchoring near to or within known fishing
grounds or marine protected areas;
9. When it is found to contain freshly caught fish,
SECTION 92: Fishing Through Explosives, Noxious or
Poisonous Substance , or Electricity
 Section 92: Presumption

1. The discovery of dynamite, other

explosives or noxious or poisonous
substances, or device for electrofishing
in any fishing vessel or in the
possession of any fisherfolk, operator,
or fish worker constitutes a
presumption that any of these devices
was used for fishing.
 Section 92: Presumption

2. The discovery in any fishing vessel of

fish caught or killed with the use of
explosives, noxious or poisonous
substances, or by electricity constitutes
a presumption that the fisherfolk,
operator, boat official or fish worker is
these for fishing.
SECTION 93: Use of Fine Mesh Net
 Section 93:

Fishing using nets with mesh

size of less than 3 cm. measured
between 2 opposite knots of a
full mesh when stretched or as
determined by the DA
 Section 93: Presumption

The discovery of a fine mesh net

in a fishing vessel constitutes a
presumption that the person or
fishing vessel is engaged in
fishing with the use of fine mesh
net.
 Section 93: When fine Mesh Nets Allowed?

1. If the net is used to catch:

a. Padas, bangus fry, sugpo fry, banak fry, glass

eels and elvers and such other immature
species for culture purposes;
b. Aquarium or ornamental animals; and
c. Other species already mature such as, but
not limited to,
alamang, tabios, sinarapan, dilis, and snails.
 Section 93: When fine Mesh Nets Allowed?

2. In cases of ring nets, purse

seines for sardines, mackerels
and scads, and bagnets, where
the mesh size is 1.9 centimeters
(17 knots), measured between
two opposite knots of a full
mesh when stretched.
SECTION 94: Fishing in Overexploited Fishery
Management Areas
 Section 94:

Fishing in fishery
management areas
declared as
overexploited
SECTION 95: Use of Active Gear in Municipal Waters,
Bays, and Other Fishery Management Areas.
Fishing in municipal waters,
bays, and fishery management
areas using active fishing gears.
 Section 95: What is active fishing gear?

(insert picture of fishing active gear)

Active fishing gear is a fishing device
characterized by the pursuit of the target
species by towing, pushing the gears,
surrounding, covering, dredging, and
scaring the target species to impoundments;
such as, trawl, purse seines, Danish seines,
paaling and drift gill net.
 Section 95: Types of Gears not Covered

1. Gill nets, other than bottom-set gill nets, not

more than 500 meters
in length per boat used by registered municipal
fisherfolk;

2. Sudsud or push net used to catch alamang

and dilis, which is operated by a registered
municipal fisherfolk or fisherfolk cooperative,
either
 Section 95: Types of Gears not Covered

manually or by the use of a registered and licensed

municipal motorized boat with single piston engine of
not more than 16 horsepower, during the approved
fishing season for the species, and covered by a
management plan duly approved by the LGU;

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.
 Section 95: Who are liable?

• The owner
• Operator
• Boat captain
• Master fisherman of the vessel
• Chief executive officer in a corporation
• Managing partner in a partnership
SECTION 96: Ban on Coral Exploitation and Exportation
 Section 96:

1. Gathering, possessing, commercially

transporting, selling or exporting
ordinary, semi-precious and precious
corals, whether raw or in processed
form.

2. Committing any activity that damage

coral reefs
 Section 96: Exception

Coral exploitation and

exportation is lawful if
done for scientific or
research purposes.
SECTION 97: Ban on Muro-ami, Other Methods and Gear
Destructive to Coral Reefs and other Marine Habitat
 Section 97:

(Insert Picture/Video of Muro Ami)

 Section 97:

1. Fishing with gear or method that destroys

coral reefs, seagrass beds, and other fishery
marine life habitat.

2. Fishing using muro ami and any of its

variations, and similar gears and methods that
require diving and pounding the coral reefs and
other habitats to catch fish and other fishery
species.
 Section 97:

3. . Gathering, possessing,
commercially transporting, selling or
exporting coral sand, coral
fragments, coral rocks, silica, and
any other substances, which make
up any marine habitat.
SECTION 98: Illegal Use of Superlights or Fishing Light
Attractor
 Section 98:

• (Insert picture of superlight)

 Section 98:

1. Fishing with the use of superlight in municipal

waters

2. Using fishing light attractor or using candlelight

power or intensity
beyond the standards set by the DA for fishing in
municipal waters,

3. Violation of the rules for fishing with the use of

superlight or fishing light attractor outside municipal
 Section 98:

Superlights, also called magic lights, refers

to a type of light using halogen or metal
halide bulb which may be located above the
sea surface or submerged in the water. It
consists of a ballast, regulator, electric
cable and socket. The source of energy
comes from a generator, battery or dynamo
coupled with the main engine.
SECTION 99: Conversion of Mangroves
 Section 99:

Converting mangroves
into fishponds or for any
other purpose.
 Section 99: Exception

The Implementing Rules of RA 10654 provides

exemptions:

1. Areas covered by Fishpond Lease Agreements

(FLA), Aquasilviculture Stewardship Contract
(ASC) or Gratuitous Permit and other tenurial
instruments;
 Section 99: Exception

2. Private property not classified as

mangrove forest; and
3. Development activities duly covered and
approved by competent authorities.
However, these exceptions may be
questionable as the law itself does not
provide any exceptions.
SECTION 100: Fishing During Closed Season
 Section 100: What is a closed season?

It is the period during which the

taking of specified fishery species
by a specified fishing gear is
prohibited in a specified area.
 Section 100: Rationale

Breeding Period

Time for the Fishes to

Procreate
SECTION 101: Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries.
 Section 101:

Does marine protected areas

mentioned in the law include those
covered by the National Integrated
Protected Area System (NIPAS?)
under RA 7586.
 Section 101:

Yes, it includes all sea areas

declared as protected areas
by law or by administrative
regulation.
SECTION 102: Fishing or Taking of Rare, Threatened, or
Endangered Species.
 Section 102:

Insert Pictures of Endangered Spcies and statistics

 Section 102:

1. Fishing or gathering, selling, purchasing, possessing,

transporting, exporting, forwarding or shipping out
aquatic species listed in:

i. Appendix I of the Convention on the International

Trade in
Endangered Species of Wild Flora and Fauna (CITES);
or
ii. Those categorized by the International Union for
Conservation
 Section 102:

2. Fishing or gathering, selling,

purchasing, possessing, transporting,
exporting or shipping 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.
 Section 102:

3. Taking, possessing, transporting,

or exporting, forwarding or shipping
out captive-bred species that have
been transplanted to the wild.
 Section 102: Exception

Taking or fishing of aquatic species

listed in CITES Appendices II and III
for scientific research, or
conservation breeding simultaneous
with commercial breeding may be
allowed.
SECTION 103: Capture of Sabalo and Other
Breeders/Spawners
 Section 103:

Catching or possessing
mature milkfish or sabalo
and other breeders or
spawners of other fishery
species
 Section 103:

Insert Picture of Sabalo

 Section 103: Exception

Catching of sabalo and other

breeders or spawners for local
breeding purposes or scientific
or research purposes may be
allowed subject to DA guidelines
SECTION 104: Exportation of Breeders. Spawners, Eggs or Fry
 Section 104: Presumption

Connivance or conspiracy between the

company and the shipper is presumed
when the shipping or forwarding
company, from whose possession the
breeders, spawners, eggs, or fry are
discovered or seized, fails to cooperate
in the investigation.
 Section 104: When allowed

The DA-BFAR may allow the exportation of hatchery-

bred or captive-bred spawners, eggs or fry if the
exporter complies with the following requirements:
1. Registration of the hatchery or captive breeding
facility;
2. Registration of exporter with DA-BFAR;
3. Issuance of health certificate as may be required by
the importing
country;
4. Issuance of export commodity clearance; and
SECTION 105: Importation or Exportation of Fish or Fishery Species
 Section 105: Presumption

Connivance or conspiracy between

the shipping company and the
shipper is presumed when the
shipping company, from whose
possession the fish or fishery
species are discovered or seized,
fails to cooperate in the
SECTION 106: Violation of Harvest Control Rules
 Section 106:

What are the Harvest

Control Rules for Target
Reference Points?
 Section 106:

Harvest Control Rules for Target

Reference Points have yet to be
established by DA-BFAR.
 Section 106:

What are the Harvest

Control Rules for Limit
Reference Points?
 Section 106:

1. Limitation on fishing effort-- Fishing effort per

fishing must be maintained at existing level, and
no additional licenses will be issued.
2. Determination of priority access for renewal of
licenses-- Licensees of CVFL who have been
timely submitting catch reports will enjoy priority
access to the fishing ground through the renewal
of their licenses; unless they have been
convicted for serious violations
 Section 106:

3. Declaration of closed seasons

4. Reduction by attrition-- When
resource level is already critical,
decommissioned vessels can no
longer be replaced
5. Other measures
SECTION 107: Aquatic Pollution
 Section 107:

Insert Picture
 Section 107:

1. The introduction by human or machine, directly or

indirectly, of
substances or energy to the aquatic environment which:

i. Results or is likely to result in such deleterious

effects as to harm living
and non-living aquatic resources
ii. Pose potential or real hazard to human health
iii. Hindrance to aquatic activities such as fishing and
navigation
 Section 107:

2. Dumping or disposal of waste and other

marine litters
3. Discharge of petroleum or carbon-rich
materials or substances, and other,
radioactive, harmful liquid, gaseous or solid
substances, from any water, land or air
transport or other human-made structure
4. Deforestation
 Section 107:

5. Unsound agricultural practices

such as the use of banned
chemicals and excessive use of
chemicals
6. Intensive use of artificial fish feed
7. Wetland conversion
SECTION 108: Failure to Comply with Minimum Safety
Standards
 Section 108:

Failing to submit an
annual report on the type
of species and volume of
production to the DA
SECTION 109: Failure to Submit a Yearly Report on All
Fishponds, Fish Pens and Fish Cages
SECTION 110: Gathering and Marketing of Shell Fishes of
Other Aquatic Spcies
 Section 110:

1. Gathering, taking, selling,

transferring, possessing,
commercially transporting, exporting,
forwarding or shipping out any
sexually mature shellfish or other
aquatic species identified by the DA
 Section 110:

.2. Gathering or disposing

those below the minimum
size, or above the maximum
quantities prescribed for the
species.
SECTION 111: Obstruction to Navigation of Flow or Ebb of
Tide in any Stream, River, Lake, or Bay.
SECTION 112: Noncompliance with Good Aquaculture
Practices
SECTION 113: Commercial Fishing Vessel Operators
Employing Unlicensed Fishfolks, Fishworker or Crew
 Section 113: Who are required to have a Fisherman's License

All crew on board a commercial fishing vessel are

required to have a fisherman’s license, except the
following:

1. Captain or Master;
2. Cook, unless he is also involved in fishing;
3. Crew declared in the manifest, unless he is also
involved in fishing;
4. Non-crew passengers declared in the manifest.
SECTION 114: Obstruction of Defined Migration Paths
 Section 114:

It shall be unlawful for any person to

obstruct any defined migration path of
anadromous, catadromous, and other
migratory species.
SECTION 115: Obstruction of Fishery Law Enforcement
Officer
 Section 115:
The fishing vessel owner, master, or
operator or any other persn acting on
behalf of any fishing vessel who assaults,
resists, intimidates, harasses, seriously
interferes with, or unduly obstructs or
delays 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.
SECTION 116: Noncompliance with Fisheries Observer
Coverage
 Sectin 116

(a) It shall be unlawful for

Philippine distant water fishing
vessel to sail without a fisheries
observer on board as required
by RFMO conservation and
management measures.
 Section 116:

(b) It shall be 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 117: Noncompliance with Port State Measure
 Section 117

No foreign fishing vessel shall be allowed entry

without providing at least twenty-four (24)-hour
prior notice. When a foreign fishing vessel is
granted entry, failure to provide a catch report
shall be deemed unlawful. It shall likewise be
unlawful for any person to fail to comply with
other rules on port state measures promulgated
by the Department in coordination with port state
authorities.
 Section 117

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 118: Failure to comply with Rules and
Regulations on Conservation and Management
 Section 118

It shall be unlawful for any person to fail

to comply with conservation and
management measures adopted in rules
and regulations to be promulgated by
the Department pursuant to
international conventions, RFMO
resolutions and laws of coastal states
where Philippine vessels fish.
SECTION 119: Noncompliance with Vessel Monitoring
Measures
 Section 119:

No municipal, commercial or distant

water fishing vessel shall engage in
fishing activity without complying
with the vessel monitoring measures
promulgated by the Department in
coordination with the LGUs
 Section 119: Except

• That for vessels operating in

Philippine waters, only the catcher
vessel shall be covered by this
requirement. It shall also be
unlawful to intentionally tamper
with, switch off or disable the
vessel monitoring system.
SECTION 120: Constructing, Importing or Converting
Fishing Vessels or Gears Without Permit from the
Department
 Section 120

It shall be unlawful for any person to

construct or import fishing vessels or
gears or to convert other vessels into
fishing vessels without permit from the
Department.
SECTION 121: Use of Unlicensed Gear
 Section 121

Any person who uses a

fishing gear or method for
commercial fishing without
license from the Department
SECTION 122: Falsifying, Concealing or Tampering with
Vessel Markings, Identity or Registration
 Section 122:

It shall be unlawful for any

person to falsify, conceal vessel
identity or lack of registration or
tamper with the vessel markings,
identity or registration.
SECTION 123: Concealing, Tampering or Disposing of
Evidence Relating to an Investigation of a Violation.
 Section 123:

It shall be unlawful for any

person to conceal, tamper or
dispose evidence relating to an
investigation of a violation.
SECTION 124: Noncompliance with the Requirements for
the Introduction of Foreign or Exotic Aquatic Species
 Section 124:

It shall be unlawful to import,

introduce, or breed, foreign or
exotic aquatic species without
the conduct of risk analysis and
prior approval of the Department.
SECTION 125: Failure to Comply with Standards and
Trade-related Measures
 Section 125:

It shall be unlawful for any person to fail

to comply with standards for weights,
volume, quality and other requirements
for all fishery transactions and trade
and trade-related measures prescribed
by the Department.
SECTION 126: Prcessing, Dealing in or Disposing Illegally
Caught or Taken Fish
 Section 126:

It shall be unlawful to ship,

commercially transport, offer for sale,
sell, import, export, or have custody,
control, or possession of, or to deal in
or in any manner dispose of any fish or
species caught, taken or retained in
violation of this Code.
SECTION 127: Unauthorized Disclosure of Sensitive
Technical Information
 Section 127

Data from the vessel monitoring

system or vessel monitoring
measure and other related data
arising therefrom shall be
considered as sensitive
technical information.
SECTION 128: Other Violations
 Section 129:

In addition to the prohibitions in this Code,

the Department, in consultation with the
LGUs, local FARMCs and NFARMC, shall
issue fishery administrative orders or
regulations for the conservation,
preservation, management and sustainable
development of fisheries and aquatic
resources.
SECTION 129: Escalation Clause