PROHIBITION AND PENALTIES

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PROHIBITION AND PENALTIES. Presented by: Geraldine A. Villareal.

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This Act shall be known as The Philippine Fisheries Code of 1998 as amended by Republic Act No. 10654, lapsed into law on February 27, 2015. It seeks to “prevent, deter and eliminate illegal, unreported and unregulated” or IUU fishing in the country.

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WHAT IS PROHIBITION AND PENALTIES?.

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SECTION 86 Unauthorized Fishing. (a) It shall be unlawful for any person to capture or gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery species or fishery products without license or permit from the Department or LGU. Except in cases specified under this Code, it shall also be unlawful for any commercial fishing vessel to fish in municipal waters..

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SECTION 86 Unauthorized Fishing. The 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 shall constitute prima facie presumption that the person is engaged in unauthorized fishing: Provided, that fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed..

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ADMINISTRATIVE PENALTY Confiscation of catch and gear Fine of five (5) times the value of the catch or the amount indicated below, whichever is higher: P50,000 to P100,000 for small-scale commercial fishing; P150,000 to P500,000 for medium-scale commercial fishing; and P1 million to P5 million for large-scale commercial fishing..

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The boat captain and the three (3) highest officers of the commercial fishing vessel shall suffer with:.

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SECTION 86 Unauthorized Fishing. (b) It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters..

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Rule 86.1. Regulation. Within one (1) year from the effectivity of this IRR, all unregistered vessels may still register and obtain a license; provided, that a vessel caught fishing without registration and license shall be penalized accordingly..

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Rule 86.2. Regulating Fishing in Municipal Waters.

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Rule 86.3. Application of the Prima Facie Presumption.

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SECTION 87 Engaging in Unauthorized Fisheries Activities.

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ADMINISTRATIVE PENALTY CRIMINAL PENALTY P500,000 to P1 million Dismantling or removal of the structure at the expense of the offender Rehabilitation of the affected area Confiscation of stocks Imprisonment of six (6) months Fine twice the amount of the administrative fine Dismantling or removal of the structure at the expense of the offender Rehabilitation of the affected area Confiscation of stocks.

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Rule 87.1. Regulation. The DA-BFAR shall, within one (1) year from the effectivity of the IRR, formulate regulations on the necessary permits following the process stated in Rule 65.2..

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SECTION 88 Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing.

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(b) It shall be unlawful for an owner or operator, and the three (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..

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The owner, operator, and the three (3) highest officers of the commercial fishing vessel who violate this section shall be punished with:.

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Rule 88.1. Monitoring. 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 thirty (30) days from the actual receipt of the license. 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..

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SECTION 90 Unregulated Fishing. – It shall be unlawful for any person to engage in unregulated fishing in waters within and beyond national jurisdiction..

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OFFENSE ADMINISTRATIVE PENALTY unregulated fishing committed in waters BEYOND national jurisdiction Confiscation of catch and gear Fine equivalent to five (5) times the value of the catch or the amount indicated below, whichever is higher: P2 million to P9 million for small-scale commercial fishing; P10 million to P15 million for medium-scale commercial fishing; and P16 million to P20 million for large-scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and P25 million to P45 million for large-scale commercial fishing vessels seven hundred fifty (750) gross tons or more.

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Rule 90.1. Jurisdiction. Unregulated fishing as defined in Section 4 (87) of this Code, 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 jurisdiction for purposes of prosecution..

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Rule 90.2. Unregulated Fishing in Philippine Waters.

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Thank You!.